Lad breaks into a house and is killed...
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Soldato
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Door open, go in to check the owner isn't hurt/injured/incapacitated as a good samaritan?
By your arguments, the homeowner should still be able to shoot me as I'm leaving...
Man of Honour
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Maybe it is in a state of disrepair and you think you'll explore without realising that it is occupied, maybe the door was open and you wandered in without really thinking about it, maybe you went inside and then had a change of heart before deciding to leave etc etc.
The possibilities are limited mainly by your imagination or therein lack of it. I'd love for life to be clear black and white as so many people seem to think it is but it simply isn't, there are myriad shades of grey involved. If life was always black and white I could display the moral certitude that others seem to find so easy but sadly I cannot without dismissing the fact that circumstances vary according to the situation.
Soldato
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And all of the above are still trespassing and illegal.
But as has already been pointed out several times, one illegal act does not excuse another. If you aren't using reasonable self defence, you are also committing an illegal act.
Why are you so anti some illegal acts while refusing to acknowledge the illegality of another?
AHH.. Nice fella you are.
Jesus, open your eyes, or your brain.
What is there to defend if it was an ERROR
And to someone else, taking your property while you sleep seems 'reasonable' because you are likely to have insurance.
Fortunately, the law is more rational than both of those positions.
That's no argument at all.
It's a perfectly valid one. Your position is that because you think an act is reasonable, it should be legal. My position is that fringe views on what is reasonable should not be taken as a good legal guide.
Man of Honour
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We've got rather different laws on trespassing in Scotland anyway but irrespective of that, in most situations for a crime to be committed and a person held accountable you need both action and intent (the mens rea or guilty mind in a loose translation). In at least a few of those scenarios you have action but no intent ergo no sanction attributable to the crime committed unless it is a strict liability offence (and I am unsure if trespassing is).
As has been pointed out though attacking someone who is presenting no threat to you is not and should never be considered self-defence. Defend your property as you see fit but understand that you will also be committing an illegal action when your response is not proportionate.
Okay, we've had it with your sensible replies.
Thank you for the compliment.
Should farmers be allowed to shoot children in their fields? It's their property, after all, and apparently merely being on it somehow causes damage.
Soldato
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While the law, (admittedly this is by my very limited knowledge of it, so feel free to prove me wrong) only allows for property, be it house or field, I think this is something that needs to change.
If a boy has gone into a field, there is a fair chance he's trying to recover a lost ball or something. if a guy is in your 3rd floor apartment at 2 o'clock in the morning, he's hardly trying to recover a lost ball
