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Posted: 7/22/2008 2:18:02 PM EDT
Im moving back to wisconsin soon, but dont know the answer to this one.

If someone breaks in your house, do you have the right to use deadly force to protect yourself/family?

I know that most states in the south have a law that addresses this and basically says its ok, but what about wisconsin?
Link Posted: 7/22/2008 2:54:29 PM EDT
If you are defending yourself and your family (and can prove it to a liberal jury) then you are good to go against criminal prosecution (civil is another matter). You will probably spend at least a couple of days in jail but that kinda comes with the having committed a homicide (whether it is justifiable or not is a moot point at particular junction).
Link Posted: 7/22/2008 4:40:57 PM EDT
[Last Edit: 7/22/2008 7:15:45 PM EDT by HKMP5A2]
Only if you are in fear of your or family's life.
Over Property NO!
I believe you are talking about the castle doctrine I don't think we have It in Wisconsin yet
Im sure one of our resident LEOs will chime in.
www.cga.ct.gov/2007/rpt/2007-R-0052.htm
Link Posted: 7/22/2008 6:19:16 PM EDT
No castle doctrine in Wisconsin.

You must have reasonable fear that you or another are in imminent danger of death or great bodily harm. If someone kicks in your door while armed, I think you could make an argument those criteria are met.

Shooting over property is expressly prohibited.
Link Posted: 7/23/2008 11:16:12 AM EDT
No body no crime.
Link Posted: 8/8/2008 8:02:49 PM EDT

Originally Posted By plan_b:
No body no crime.


Wrong. You don't need a body for a homicide case to be brought.
Link Posted: 8/9/2008 5:56:49 PM EDT

Originally Posted By colt100:

Originally Posted By plan_b:
No body no crime.


Wrong. You don't need a body for a homicide case to be brought.



Joke.
Link Posted: 8/12/2008 1:32:17 AM EDT
[Last Edit: 8/12/2008 1:33:02 AM EDT by Pita_146]

Originally Posted By colt100:

Originally Posted By plan_b:
No body no crime.


Wrong. You don't need a body for a homicide case to be brought.


But it's pretty damn hard to prove homicide without a dead body.

Glenn covered the rest of the question.

Speaking of Glenn, I'm mad at you. Come right through town and you don't even look me up.
Link Posted: 8/12/2008 7:28:06 AM EDT
The trick (which is the same whenever you are talking to the cops about having just shot or shot at someone) is..... " I will cooperate fully once I speak with a lawyer".


Guy kicks in your door at 3 am and you shoot him, How many witnesses are there to say what really happened, probably only 2. And one of them was commiting a felony in your house (and may be dead). The only way anyone is going to know he DIDN'T say " I am going to kill you" and reached in his pocket is if YOU tell them that.
Link Posted: 8/12/2008 12:22:32 PM EDT
height=8
Originally Posted By Pita_146:
height=8
Originally Posted By colt100:
height=8
Originally Posted By plan_b:
No body no crime.


Wrong. You don't need a body for a homicide case to be brought.


But it's pretty damn hard to prove homicide without a dead body. Especially with the additional complication of anyone knowing where said criminal was at the time of his disappearance would probably be seen as complicit in the home invasion, and not likely to testify. Of course, you would still be better off reporting it.
Link Posted: 8/12/2008 1:13:06 PM EDT

Originally Posted By WI_Peter:

Originally Posted By Pita_146:

Originally Posted By colt100:

Originally Posted By plan_b:
No body no crime.


Wrong. You don't need a body for a homicide case to be brought.


But it's pretty damn hard to prove homicide without a dead body.



Especially with the additional complication of anyone knowing where said criminal was at the time of his disappearance would probably be seen as complicit in the home invasion, and not likely to testify. Of course, you would still be better off reporting it.


Absolutely.
Link Posted: 8/13/2008 2:33:37 AM EDT
[Last Edit: 8/13/2008 2:39:18 AM EDT by glenn_r]

Originally Posted By Pita_146:
Speaking of Glenn, I'm mad at you. Come right through town and you don't even look me up.


Hey, after scheduling the arfcom dinner on the one weekend I couldn't make, I'm not sure you should throw rocks.



Even considering not reporting a shooting--much less a homicide!!--is incredibly, outstandingly unwise. I can think of a couple of cases that may have been legitimate self-defense, but the defendant panicked & ran, or panicked & hid the body. There's a very strong presumption that "flight = guilt". If it was legitimate, own up to your own actions. If you're concealing what happened, you're probably guilty.

And that 3rd witness, the getaway driver or guy who chickened-out before coming in...guess what? He'll be in trouble again, and will sing like a canary to cut a deal. And information on a homicide is good deal material.

So whether it's out of integrity, or mere fear of the consequences, please stand up for your own actions.
Link Posted: 8/13/2008 3:01:46 AM EDT

Originally Posted By glenn_r:

Originally Posted By Pita_146:
Speaking of Glenn, I'm mad at you. Come right through town and you don't even look me up.


Hey, after scheduling the arfcom dinner on the one weekend I couldn't make, I'm not sure you should throw rocks.



As I do recall, you weren't present at the last one either...
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