The North Carolina General Assembly passed a law that states if you shoot and kill someone who breaks into your home you have the presumption of innocence. Specifically you are presumed to be in fear for you life and the safety of you and your family.
the law included civil law, meaning the family of the burgler could not take you to civil court and prosecute you either.
The arguments were things like "what if someone with alzheimers were to break into your house thinking he was trying to get into his own home."
Good question. I do think it was somewhat retorical since the law does not say you cannot use common sense in your decision to defend yourself, and it does not say you Have to shoot them it simply states that you don't have to prove you are in fear for your life and safety of your home. It also does not say that someone with alzhiemers is always going to be a docile old grandpa who is lost in the neighborhood. I've seen alzhiemers patients become quite beligerant and I've seen manic depresives who were downright violent.
It is almost a stupid concept since you are already innocent until proven guilty right?
Pops
the law included civil law, meaning the family of the burgler could not take you to civil court and prosecute you either.
The arguments were things like "what if someone with alzheimers were to break into your house thinking he was trying to get into his own home."
Good question. I do think it was somewhat retorical since the law does not say you cannot use common sense in your decision to defend yourself, and it does not say you Have to shoot them it simply states that you don't have to prove you are in fear for your life and safety of your home. It also does not say that someone with alzhiemers is always going to be a docile old grandpa who is lost in the neighborhood. I've seen alzhiemers patients become quite beligerant and I've seen manic depresives who were downright violent.
It is almost a stupid concept since you are already innocent until proven guilty right?
Pops
