# Killing An Intruder **URL:** \ **Category:** Factual Questions\ **Created:** [April 5, 2003, 6:01pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701 "2003-04-05T18:01:21Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\ **Post date:** [April 7, 2003, 7:15am UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/21 "2003-04-07T07:15:35Z")
As was pointed out to me in another thread. You really need to know what is policy for your local DA. I have suffered from the political nature of the appointed DA system in some pretty horrific ways. You might need to know for a fact that the intruder has to be armed in your DA’s personal opinion or by his prosecution history. No matter the law, the DA can do things that will blow your mind . It is a very corrupt system IMO. Learn your locals. ( ::: In jest might I suggest this rather silly idea. ::::: Might need to have an unregistered gun wiped clean, bullets and all, handy just in case for your intruder to carry. YMMV::🙂 I like Colorado. That is how it should be IMO. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [April 7, 2003, 1:22pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/22 "2003-04-07T13:22:16Z")
Wanna mention two things: 1. In general, you can only use potentially deadly force when you believe you are in imminent danger and your life (or someone else’s life) is threatened. This means, for example, that you _cannot_ shoot someone who is running out of your house with your TV in their arms… 2. You do not shoot to kill; you shoot to _stop the threat_. Any death is incidental. ---
**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\ **Post date:** [April 7, 2003, 2:11pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/23 "2003-04-07T14:11:51Z")
> [@](#): > > \*Originally posted by John Harrison \* > \*\*I believe Susanann was speaking of Commonwealth v. Shaffer, 367 Mass. 508 (1975), in which the court declined “to adopt the majority rule that one assaulted in his own home need not retreat before resorting to the use of deadly force”. I believe she was pardoned by Gov Dukakis, and the legislature passed a “castle doctrine” law (which allows you to stand your ground rather than have to retreat from an assailant who confronts you within your home) shortly afterwards. \*\* Thanks for the update! If that was the same mother who I read about in all the newspapers at the time, then I am glad she was finally pardoned. It could have been 1975, I dont remember the year, but the story was in the Wall Street Journal, the American Rifleman, and all the other papers. I hope you are right that Massachusetts has now changed. All I know is, that I was on the mothers side from the beginning as soon as I heard the story, and if I was on her jury, she never would have been convicted in the first place. ---
**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\ **Post date:** [April 7, 2003, 2:15pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/24 "2003-04-07T14:15:42Z")
> [@](#): > > \*Originally posted by GusNSpot \* > \*\* You might need to know for a fact that the intruder has to be armed in your DA’s personal opinion or by his prosecution history. No matter the law, the DA can do things that will blow your mind . It is a very corrupt system IMO. Learn your locals. ( ::: In jest might I suggest this rather silly idea. ::::: Might need to have an unregistered gun wiped clean, bullets and all, handy just in case for your intruder to carry. YMMV::🙂 > > . \*\* If, when the police arrive on the scene, they find a knife in the hand of the dead intruder, isnt that all they need to know to determine that it was legal to stop an armed attacker/intruder, in any state? ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [April 7, 2003, 2:39pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/25 "2003-04-07T14:39:15Z")
> [@](#): > > \*Originally posted by GusNSpot \* > **Might need to have an unregistered gun wiped clean, bullets and all, handy just in case for your intruder to carry.** Extremely bad advice, not to mention illegal. It only works on TV; in real life, forensic units and detectives are extremely skilled at piecing together what actually happened. If your life is threatened, then by all means do whatever it takes to stop the threat. Then call the cops. When the cops come tell them you were “scared for your life.” And that’s it – do _not_ consent to an interview by a detective. Simply tell them you want to talk to your lawyer and you have nothing further to say. This is especially important when the shooting was justified and you’re 100% innocent. I apologize if we’re getting into IMHO territory. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [April 7, 2003, 2:40pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/26 "2003-04-07T14:40:05Z")
> [@](#): > > \*Originally posted by Lynn Bodoni \* > \*\*From what I understand, Louisiana’s laws are based on Napoleonic code, whereas the other states in America base their laws on English common law. However, IANAL, or even a law student. \*\* That’s correct, **Lynn**. Tulane (and prolly other LA law schools) teach both civil and common law. ---
**Author:** ![Susanann](https://avatars.discourse-cdn.com/v4/letter/s/7ab992/32.png) [@Susanann](https://boards.straightdope.com/u/Susanann)\ **Post date:** [April 7, 2003, 3:05pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/27 "2003-04-07T15:05:29Z")
> [@](#): > > \*Originally posted by Crafter\_Man \* > \*\*Extremely bad advice, not to mention illegal. It only works on TV; in real life, forensic units and detectives are extremely skilled at piecing together what actually happened. > > If your life is threatened, then by all means do whatever it takes to stop the threat. Then call the cops. When the cops come tell them you were “scared for your life.” And that’s it – do _not_ consent to an interview by a detective. Simply tell them you want to talk to your lawyer and you have nothing further to say. This is especially important when the shooting was justified and you’re 100% innocent. > > I apologize if we’re getting into IMHO territory. \*\* You give very good advice(since most people, guilty and innocent, are convicted on their own testimony/statements). But how could forensics possibly prove that an intruder did not grab a knife from your kitchen or your living room table, and then come at you with it. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [April 7, 2003, 3:50pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/28 "2003-04-07T15:50:27Z")
> [@](#): > > \*Originally posted by Susanann \* > \*\*You give very good advice(since most people, guilty and innocent, are convicted on their own testimony/statements). > > But how could forensics possibly prove that an intruder did not grab a knife from your kitchen or your living room table, and then come at you with it. \*\* (Again this is IMHO territory.) Trust me, they’ll figure it out. You will not think of everything and consequently you will mess up in _many_ ways. Not to mention the fact that, after the incident, you will _not_ be thinking clearly, which means you would be in the _worst_ possible state for trying to pull a bluff. As mentioned above, _never_ attempt to change the scene of the crime by planting evidence. Once they figure out you’re lying your credibly will be irreversibly damaged, which will negate any claim that the homicide was justified. Even if you _did_ get away with it (which is extremely doubtful), you will forever be looking over your shoulder. ---
**Author:** ![cornflakes](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@cornflakes](https://boards.straightdope.com/u/cornflakes)\ **Post date:** [April 7, 2003, 3:57pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/29 "2003-04-07T15:57:24Z")
> [@](#): > > \*Originally posted by Daylon \* > \*\*In Texas it’s very simple…we have something called the “He Needed Killin’” Law… > > He breaks in, you shoot him, you tell the judge “Wellsir…he needed killin’” > > Case Dismissed. > > Daylon \*\* (As they say in the West), cite? I’m a Texan (born and raised), and my understanding is that Texas law allows a person to shoot in defense, well, under the circumstances quoted by **xicanorex**. “He needed killin’” isn’t even good grammar, much less good legalese. ---
**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\ **Post date:** [April 7, 2003, 5:16pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/30 "2003-04-07T17:16:20Z")
> [@](#): > > \*Originally posted by Crafter\_Man \* > \*\*Extremely bad advice, not to mention illegal. It only works on TV; in real life, forensic units and detectives are extremely skilled at piecing together what actually happened. > ::: snip::: > > I apologize if we’re getting into IMHO territory. \*\* Does you computer some how automatically delete this combination of words or…?? > [@](#): > > ::: snip ::: Learn your locals. ( ::: In **jest** might I suggest this rather silly idea. ::::: Might need to have::: snip ::: ---
**Author:** ![Daylon](https://avatars.discourse-cdn.com/v4/letter/d/45deac/32.png) [@Daylon](https://boards.straightdope.com/u/Daylon)\ **Post date:** [April 7, 2003, 5:21pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/31 "2003-04-07T17:21:48Z")
that was a JOKE cornflakes…sheesh, I bet you’re a riot at dinner parties… In Texas you can shoot for the following reasons: 1. You believe yours or someone else’s life is in immediate danger 2. To prevent them from stealing or making off with your property So yes, in Texas you _CAN_ shoot them in the back while they run off with your TV. Again, this is in Texas only. When I took my concealed handgun class, advice was shoot to kill, not to wound. That way, there’s only YOUR side to the story… 😉 Daylon ---
**Author:** ![Spiff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiff/32/9852_2.png) [@Spiff](https://boards.straightdope.com/u/Spiff)\ **Post date:** [April 7, 2003, 6:56pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/32 "2003-04-07T18:56:42Z")
Everything I learned about law enforcement I learned from Police Chief Wiggums … **Wiggums:** Oh, yeah. Once you get a man in your house, you can shoot him and the law can’t touch you. **Homer:** Really? ``` [Ned Flanders is seen passing by the open kitchen window] ``` **Homer:** Hey Flanders! Get yer butt in here! **Flanders:** Okalee-dokalee! **Wiggums:** Uh, Homer. It doesn’t work if you invite him in. **Homer:** Oh. ``` Hey Flanders! Screw you! ``` **Flanders:** Okalee-dokalee! ---
**Author:** ![cornflakes](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@cornflakes](https://boards.straightdope.com/u/cornflakes)\ **Post date:** [April 7, 2003, 7:28pm UTC](https://boards.straightdope.com/t/killing-an-intruder/166701/33 "2003-04-07T19:28:33Z")
> [@](#): > > that was a JOKE cornflakes… Yeah, I’ve heard of those things… [Previous page](https://boards.straightdope.com/t/killing-an-intruder/166701.md?page=1)