I read the question as I believe it was intended - "Is shooting an intruder in your home justified". Defining "intruder" as a forced-entry, yes, it is justified, so I answered "No" to the poll.
Will the homeowner be arrested?--Most likely, he/she will be taken into custody until the investigation is completed and the DA has reviewed the evidence. It will be the DA that will determine if charges can/will be filed and if an offense has been committed.
Depends on the circumstances, of course. If someone captures a BG, forces him to lay face down, then kills him with a shot to the back, well then ... time to speak with an attorney. However, if defending against an oncoming intruder or if the BG refuses to immediately comply with one's commands to go limp and passive, to my way of thinking that's a much simpler problem.
I don't really agree that a homeowner should have to give commands to go limp and passive. I wouldn't give up that kind of tactical advantage if the guy doesn't know I'm there. If I catch an intruder in my house (intruder meaning someone illegally entering it w/o my permission), I'm shooting first and not worrying about asking questions later. That's my home and thankfully my state views it as my castle.
Those who enter my home in the light (With good intentions, and my permission.) shall be treated respectfully as welcome guests. Those who enter my home in the dark (With bad intentions, and without my permission.) shall pay the ultimate price.
As of August 28, 2007, Missouri has the Castle Doctrine.
If the alarm goes off and someone is stupid enough to continue their entry I have no intention of asking for an ID. The Sheriff's Deputies will have plenty of time to go through the deceased's pockets later.
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