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Old 04-07-2014, 07:42 PM   #121
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I see I did not know that Castle doctrine allowed for a homeowner to finish off someone that was wounded for example and no longer a threat.
The Castle Doctrine would likely not protect me if I went and got my 22 pistol and dispatched a goblin in order to save the $2.00 cost of a Hevy- Shot 3 1/2 inch turkey shell. The nice thing about those turkey shells is 2 oz of #5 shot is likely to make an impression.
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Old 04-07-2014, 07:44 PM   #122
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Old 04-07-2014, 07:55 PM   #123
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I see I did not know that Castle doctrine allowed for a homeowner to finish off someone that was wounded for example and no longer a threat.
to be honest, the Castle Laws do not protect the owner from being prosecuted for murder if he commits it. be assured, anytime there is a shooting, especially if there is a fatality, they are going to investigate. that's a given. and if the evidence, the facts, the ballistics and the forensics don't support the statement, you can bet, there are going hard questions asked.

Castle Laws are not a license to commit murder within your home. you can't invite some scumbag yu hate for whatever reasons, over to your home and then shoot him dead and expect to get away with it. doesn't work that way.

but it does put the burden on the state to prove you didn't act in self defence is you do shoot some in your home. most states with Castle Laws also protect the homeowner from civil lawsuits from the BG or his family if your shooting was deemed justified.
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Old 04-07-2014, 08:14 PM   #124
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...the Castle Laws do not protect the owner from being prosecuted for murder if he commits it. be assured, anytime there is a shooting, especially if there is a fatality, they are going to investigate. that's a given. and if the evidence, the facts, the ballistics and the forensics don't support the statement, you can bet, there are going hard questions asked.
I don't think most believe that the Castle Doctrine or Stand Your Ground Law will exempt anyone from possible prosecution, but the Doctrine and Laws are there to be applied if suiting to the circumstances as part of your defense.

What you say is right but as you say if there is a death - there will be more questions regardless of what laws may later apply.
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Old 04-07-2014, 11:20 PM   #125
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Things are a little different here in OK. Here the prosecutor can give a pass in a good shoot, no grand jury required. Police may not arrest the shooter in a home invasion shoot unless there evidence the shooter committed a felony.

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G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

Some OK righteous shooting cases:

http://newsok.com/three-midwest-city-shootings-test-oklahomas-make-my-day-law/article/3650553

Do not kill an perp who was earlier incapacitated by gunshot/s in OK. That will get you charged with murder. Jerome Ersland was found guilty of first degree murder for killing an unconscious perp.

http://www.okgazette.com/oklahoma/article-15958-self-defense.html
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Old 04-08-2014, 03:52 PM   #126
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All of this discussion is mute until the scene is COMPLEATLY secure!! Then do what ever your conscious allows.
I hate to repeat my self, but this realistically covers this situation. As in ALL of these 'what if' tactical situations, there are to many variables to give exact advise.
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Old 04-09-2014, 04:06 AM   #127
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All of this discussion is mute until the scene is COMPLEATLY secure!! Then do what ever your conscious allows.
Criminals know how to work situations to their advantage. If shot at or shot, they would not be above feigning agony to get good, empathetic, Christian people to let their guard down to render aid and come close enough to be grappled, stabbed, shot, maimed and/or killed. Your responsibility is to survive and that's all! If the scene is completely secure (as JimRau says) then do what you will, but the situation is about your survival, not theirs.
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Old 04-09-2014, 04:13 AM   #128
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Criminals know how to work situations to their advantage. If shot at or shot, they would not be above feigning agony to get good, empathetic, Christian people to let their guard down to render aid and come close enough to be grappled, stabbed, shot, maimed and/or killed. Your responsibility is to survive and that's all! If the scene is completely secure (as JimRau says) then do what you will, but the situation is about your survival, not theirs.
this is why i have stressed or have tried to, that under no conditions should you compromise your safety or others to render aid. only if you feel compelled to and the situation warrants you can do so safely. IHO, the welfare of the BG is a low priority on my list. purely if i did render aid, it is more for my sense of humanity, rather than his well being. as i have said, i still have to live with what happened and to be able to face myself in the mirror.


rendering aid to a BG you have shot in SD is a personal decision that each of us will have to amke for ourselves if ever put into that position. honestly, i don't think there is a one size fits all answer here. every situation that could occur will be unique in it's dynamic. our own personalities and the legalities we may face in one state may be totally different in another state.
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Old 05-09-2014, 02:22 PM   #129
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If I have to shoot someone, and they're still alive but, no longer a threat. I'm not lifting a finger to help them. Beyond dialing 911.
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Old 05-09-2014, 02:56 PM   #130
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If I have to shoot someone, and they're still alive but, no longer a threat. I'm not lifting a finger to help them. Beyond dialing 911.
When dealing with any of these types of situations you must be completely flexible!!

There are VERY FEW 'always' and 'nevers' in the REAL world.
There are just to many variables to have true absolutes if you want to survive.
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