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Edited by Britton:
7/9/2015 12:51:33 AM
33
Good law or bad law?
Indiana has passed a new law in the interest of allowing citizens to better protect themselves.
[quote]In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or [b][u]public servant.[/b][/u] By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime. The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.[/quote]
What it allows.
[quote] A person is justified in using reasonable force against another any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.[/quote]
Also,
[quote]if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.[/quote]
The bill goes onto explain more, but that's the important part.
So basically if you [b][u]feel[/u][/b] that unlawful force upon you or a present third party, unlawful entry to your home or vehicle is imminent, you have the right to take appropriate action including the use of lethal force against [b][u]any other person.[/u][/b] (this includes cops, firefighters, etc)
I certainly understand the reasoning, however I worry that this create more "kill or be killed" scenarios, so I'm on the fence about this.
Discuss.
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1 ReplyEdited by illqo : 7/9/2015 3:36:12 AMI do like the section about no duty to retreat. I have read about cases where someone during a home invasion after defending themselves with deadly force were later arrested or sued for not running away. I do feel edgy about the section involving defense against public servants while in a vehicle, I can see that clause being misused to justify actions involving deadly force during vehicle based arrest since the officer would be operating under reasonable suspicion instead of a warrant. The home defense against a public servant is handled with issuance of a warrant at that point since they have been warned that their rights are being restricted due to court order and thus have no right to defense with deadly force ( aka you are getting arrested calmly and legally, shooting someone and claiming defense is stupid), though it does give some defense to the homeowner for actions taken during a "quiet" warrant (aka swat team kinda situation) because in the heat of the moment they will be acting in defense without knowledge of their being served a warrant. The good of this will hopefully actually limit the militarization of the police, the dependence on aggressive arrest could be tempered by the reaction and legal protections of the populace. Now, some of the militarization of police is justifiable, the criminal element is better armed, better equipped and trained and the police are doing their best to handle this acceleration. Actually I could go on about this quiet a bit, so before I make this wall any bigger I will break it up for later discussion. Tl;dr ehh kinda.
