Yeah not sure what they are thinking, but I don't think you will ever convict on beyond a reasonable doubt when that guy is inside a persons home.
Yes, but lacking clear legal authority on the part of the homeowner, it leaves way too much discretion in the hands of a liberal prosecutor, who may already have a bias against citizen self-defense and/or handguns, and allows the possibility of prosecution of the homeowner. That's why the "presumption" of a threat of deadly force is so important for the homeowner. There is nothing in the various Castle Doctrine laws that prevent investigation and prosecution if there is sufficient cause or evidence. But the act of self defense and the use of deadly force cannot alone be the genesis of deeper investigation.
Agreed. I would extend this beyond that into "defense of self or defense of others". OG and I had a discussion about this regarding the guy who killed his girlfriend with the shotgun...think he beat her to death. Had the average armed citizen with a firearm and the knowledge, intervened, would he/she have been protected under the law at that time? People watched this happen. When does the Castle Doctrine become blurred. Whos to know what a criminal will do next?
I recall a recent case in my hometown of Texas. During a home invasion two criminals broke in and the homeowner confronted and killed one and mortally wounded the other, who was found dead later (shot on the way out of the home). The prosecutor based his case on that the second was fleeing the scene (down the stairs) and tried to prosecute based on that. He was shot in the act of a home invasion and the state found in the homeowners favor given the guy was a repeat felon and this was his operating pattern. There were relatives downstairs and the homeowner had reasonable doubt that the individual would not attempt to harm them. I don't personally seen the "repeat felon" as a contributor.
The last thing any LAW ABIDING CITIZEN EXERCISING HIS 2ND AMENDMENT RIGHT to defend his home, property and family when it counts in the middle of the night/day is legal impacts to come. Plain and simple, he doesn't want himself or his family to get injured or killed. This goes back to the days before firearms when swords were the weapon of opportunity and are the foundations this country was built on and is perfectly NATURAL to any human. Our forefathers had this right...not sure where it gets so blurred that we as a society cannot understand this. Most that would argue against this have never been or had a family member in this situation.
The right by the law seems to be on homeowners side regardless. The burden is on the state to prove it. The Castle Doctrine is not perfect, but is much better than "hide and call the police" By my check, most CD shootings turn out in the victims favor based on the circumstance and location. There is the exception, but I prefer to have this law on my side if it would happen to my family. Regardless, I know what the outcome would be at my home.
Not disagreeing with you 2A...just dropping my .02

Thoughts?