In general, a person is entitled to use nondeadly force to protect his or her possession of

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• In general, a person is entitled to use nondeadly force to protect his or her possession of property. No more force may be used than is necessary to defend one’s possessory interest in property. Deadly force cannot be used in defense of property.

• People are given considerably more latitude to protect their places of habitation—even with deadly force.

• Some states have enacted so-called make my day laws that sanction deadly force in protection of habitation.

• The difference between the castle doctrine and make my day laws is that the latter are premised on a defense of habitation theory, not a self-defense theory.
• In general, people are not authorized to use spring guns or any other mechanical device of the sort in defense-of-property or habitation situations.

Questions:-

1. How does defense of habitation differ from defense of property?
2. What are “make my day” laws? How do they differ from castle doctrine laws?
3. Is it ever legal to rig a spring gun or a booby trap to prevent someone from breaking and entering your home?

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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