Legalized Killing examines the self-defense laws of America,
especially the so-called castle laws of states like Texas and
Oklahoma, where citizens can use deadly force even if they merely
think they are threatened, which in hindsight might not be true.
These laws supposedly protect citizens from prosecution if they
injure or kill an intruder in self-defense, and they also disallow
civil lawsuits against the one defending. But there is an inherent
weakness in these laws, which can be found in the answer to a
simple question: was it genuine self-defense, where the choice was
shoot or die, or was the incident suspicious, clearly not necessary
or related to a dispute between the individuals involved? Applying
this question to real life incidents finds that many so-called
self-defense shootings were not true life or death necessities, yet
the one doing the shooting was nevertheless protected by the castle
law. These laws could be in conflict with other laws and
constitutional provisions. There is no statute of limitations for
murder; do these laws create an exception? Is the denial of legal
redress to survivors even constitutional? In some states deadly
force can be used almost anywhere, e.g., on the road, at a park, at
the workplace, etc -- any place a person has a right to be. These
laws no doubt protect some who are forced to defend their lives,
but they also pose a hazard to other individuals; they almost
invite murders and a trigger-happy mentality from certain elements
of society. Meter readers and children who wander into a neighbor's
yard are put at risk. Legalized Killing takes note of the
variability of justice, as evidenced by examples where the laws
apparently worked correctly and others where they failed miserably.
Legislators, members of the legal and law enforcement communities
and private citizens alike share in the substantial ignorance of
what can or cannot be done in a self-defense situation, or better
stated, what should or should not be done. Misconceptions of what
is allowed thus create the dangers. Very few citizens actually know
what the statutes contain, and that has led to unwarranted
shootings. For example the use of deadly force to defend property
is not allowed. A couple in Texas killed a seven year old boy who
was going to the bushes to urinate, thinking that the Texas law
allowed it Awareness of such dangers, a hopeful outcome of this
book, can actually save lives by steering individuals away from the
castle law situation, because there are ways to get into it in
total innocence (and very quickly). Similarly, if those who think
the castle laws give them a license to kill are caused to realize
that a court's decision of justifiable homicide is not a sure
outcome, perhaps better judgment will be used. There are many books
devoted to the subject of using weapons in self-defense, but
Legalized Killing focuses on the problems posed by the castle laws.
Only two chapters of Legalized Killing examine the reasons why
people own guns along with the nature of the criminal intruder and
the actual use of a gun. The book would not be complete without a
consideration of those issues. The other eight chapters examine the
main focus: failures of the castle laws, the factors that cause the
self-defense situation, a comparison of self-defense laws
state-by-state and a forum of quotations that reveals the level of
ignorance that exists in 2011. The book's emphasis is upon
avoidance of trouble and using good judgment. It is well worth
knowing about these laws because they have the potential to affect
everyone, young or old, rich or poor, innocent or criminal-minded,
often with fatal consequences.
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