Eisboch wrote:
"Boater" wrote in message
...

Reginald P. Smithers III, Esq. wrote:

Eisboch wrote:

About the same in Massachusetts as in Maryland in terms of effect. If
someone breaks into your house in Massachusetts, you can shoot him.

Unfortunately I cannot cite the reference, but there was a talk radio
program out of Boston last week discussing this issue. Apparently it is
not as clear cut as Section 8A implies (which was the basis of the
discussion). According to the MA attorney general, who was a guest on
the show, the court system treats a daytime break in differently than
one occuring at night.

Eisboch


If the DA believes unreasonable force was used by the homeowner, and if
it goes to court with a jury, the jury will decide if the gun owner
acting in a reasonable manner. Just because someone is in your house and
you shot him, does not necessarily mean the occupant used reasonable
means to defend himself.

Oh...what would you do with an intruder in your house who was threatening
you? Call Eisboch for a consult? :)



Don't call me, I haven't a clue.
But I think we were discussing the "right" to use deadly force. The
statutes don't clearly identify when one has that right other than a
"reasonable" act of self defense or defense of another occupant.
Who defines "reasonable".

The Courts.

That's what we are talking about, not a god given right to blow an
intruder's head off.
What if the intruder is indoxicated? A kid? Half your size and unarmed?

In MA, the courts apparently view the "reasonableness" differently in the
night/day justification to use deadly force because at night you may not be
able to determine some of the details.

Eisboch



In FL the laws actually favor the "victims". Here's WIKI's take on it:

http://en.wikipedia.org/wiki/Castle_Doctrine