Again, I disagree with you. Forget castle doctrine. I go in the house and confront a burglar (felon). I am not creating the threat, it is the burglar that "may" create the threat. In which case I can respond as necessary.
Originally Posted by Ramblinman
Again, I am not creating the threat, the BG may if he so chooses.
Think of it this way, if no one was in the house was anyones life in direct danger? No, but your property might. How could you justify(under the law that is) that your life is in danger when a BG is in your house and no one is home? You are creating the danger by entering when knowing a BG is there!
The points you are stating are relative to mutual combat, not stopping criminal activity.
All self defense laws state that if you create or are responsible for creating the conflict that led to lethal force being used against you, using lethal force is usually not justifiable. You cannot go looking for a fight unless someones life is in imminent danger!
True, unless he presents a threat sufficient to justify lethal force.
For example, if you see someone breaking into your garage at night (assuming it's not attached to your house) you cannot go running out the door with a gun, confront the intruder, and then decide to shoot in self defense!
I am one (retired).
I advise you to talk to a LEO about the above example.
You keep talking about castle doctrine, I am talking about the use of lethal force to confront a threat sufficient to justify it, that was presented during criminal activity.
Many feel that castle doctrine is simple in that if there is a BG in your home you have the right to shoot under any condition and this simply is not true. The devil is in the details. Castle doctrine is defensive in nature. If you know someone is already in your house and you are not there, to go in with the purpose if confronting and possibly shooting him is offensive in nature. The only thing that is threatened in this example is the property, not any persons. If the state allows for lethal force to protect property then by all means go ahead and take on the burglar with a gun. But if the state only allows defense of people, then good luck purposely going into the home with the intent of confronting and possibly shooting the BG since no ones safety or life was at stake.
So you say.
This is an instance where the cops and the DA would say you should have called them, as they lock your cell door and throw away the keys for 10 to 20.