Can Cindy owns a house that has been burglarized several times in the last 12 months. Cindy
Question:
Can Cindy owns a house that has been burglarized several times in the last 12 months. Cindy suspects John of having broken into her home. Cindy has a rifle and security cameras. Cindy, while driving to the store sees John driving in the neighborhood. Cindy returns home, hits the record button on the surveillance cameras, goes into her basement, unscrews the light bulbs in the basement, sits in a chair, in the dark, with her rifle. 15 minutes later, she hears glass breaking. A few minutes of that she sees a figure (John) coming down the basement stairs, she shoots John twice, John falls to the bottom of the stairs, still alive, and Cindy then shoots John while making taunting remarks in the head killing him. Cindy does not report the break in or the shooting until the next day. Cindy is heard on the recording before the shooting saying "I will have to get a good attorney" and "I may have to shoot them in the head." Cindy is charged with one count of 2nd Degree Murder and one count of 1st Degree murder.
1 - Is the shooting of John justified under the Castle Doctrine?
2 - Would any of Cindy's actions be justified under the Castle Doctrine?
3 - What level of force should an individual be able to use protecting their home? Why?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts