06-05-2012, 12:37 AM
Black wrote:
[quote=swampy]
I guess if the bad guy is in your house you can shoot him anywhere you want to.
If the bad guy is in your house can you also shackle and torture them like in a horror movie? Is there an online resource that spelles out the protocol? Thanks.
As I understand it, under most "castle" laws there's a presumption that an uninvited intruder (a "burglar" by most definitions) poses an imminent peril of death or bodily injury to you or your family. By shackling the intruder, you're supervening the underlying crime, essentially "inviting" the intruder to stay... So shackling them is probably not covered.
OTOH, some kinds of torture would probably be okay. For example, flaying the intruder, dousing the intruder in boiling oil or slicing off a few of the intruder's fingers... up to the point where a reasonable person would be certain that the danger from the intruder has passed.
Disclaimer: This is not to be construed as legal advice. Laws and responsibilities vary by state. An attorney who is qualified to practice in your state is best qualified to provide legal advice for you and I strongly urge you to seek legal counsel from an attorney before committing to a course of action based upon the information and discussion in this thread.