Bullwinkle, I have something you can suck bro.
The law states you have every right to protect yourself, and your family, as you should. Having just read about multiple home invasions where people are injured, is enough for any not drunk lawyer to show that people are in danger, as they are in HPP and Puna.
Clint Eastwood reference infers that you think people want to go out and seek revenge or be gun happy, which is never the case in protecting your home and family. Thats why its called protection and not hunting.
Again, we can argue ALL DAY, but the law is very clear. If you even THINK you are in danger, you can protect yourself.
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Demographics it is, enjoy your stay - always wise to rent.
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Oneself,
Did you come here from Florida? Because as someone who has lived in both states, Hawaii's laws on defense of self and property are VERY different from Florida's, in fact they are probably the opposite ends of the spectrum. State laws on these kinds of things can vary a lot, federal law stays the same wherever you are, and if you fight it all the way to the US Supreme Court, the US Constitution (as interpreted by the court) trumps all earlier opinions.
Since I've lived here at least one person on this Island has been prosecuted and convicted for shooting someone who was stealing from their property, because the prosecutor proved they used greater force than the intruder (I think it was gun vs machete, but I could be wrong) and had the ability to flee instead of shooting. Shooting is pretty much only considered self defense if you do it in response to gunfire from your attacker.
Please note: I am not taking a pro or con position on this, just stating how the law in Hawaii has worked in the past in these cases, so I would appreciate it if no one trolls me on this.
Carol
Carol
Every time you feel yourself getting pulled into other people's nonsense, repeat these words: Not my circus, not my monkeys.
Polish Proverb
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Oneself clearly does not know HAWAII law. NO brother, you can't "protect", shoot, hurt, maim if you only THINK your family is in danger. The Hawaii law sucks, but it is what it is. You must prove that your life was in danger and you could not flee the premises.
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A look at Hawaii's self-defense laws -- KITV News- ABC: Hawaii laws state deadly force is only allowed when a person believes it is the only way to prevent death, serious injury, kidnapping, rape or sodomy.
"If you can safely retreat, you don't have the right to use deadly force," said attorney William Harrison.
"In Hawaii, you are not required to safely retreat when you are threatened in your home or workplace."
"If someone breaks into your home in the middle of the night, you don't know what they have in their hands, and they are an aggressor you may be entitled to use deadly force," said Harrison
http://m.kitv.com/news/a-look-at-hawaiis...s/20894262
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The legal theory weighing the value of a life vs the value of property. Most of the world holding that view as well not really a new concept - maybe a hold over from our colonial and royall history. (Kingdom of Hawaii and England)
Its the mainland U.S. that is the major exception to that doctrine.
Cops wont shoot one for trying to escape under that code as well. In France and most of Europe its considered a human right / nature to try to escape if confronted by the police or jailed (innocent until proven guilty - suspects are innocent by definition - hence no capital punishment for eluding an officer in pursuit) - no added punishment if one is successful. (Napoleonic code)
The Local slam dunk case I remember is where the burglar was found with round in his back..... adrenalin and guns just do not mix...so much can happen so quick - out here its better to let them have the stuff - keep a good replacement insurance policy in place to replace the items is my play.
One or two 70lb plus dogs underfoot doesnt hurt either - maybe this also explains the propensity towards the many pit bully's on island as well -
Sorry but I disagree. And you are very wrong about the laws here -
(Act 97) is SB0532 SD1 HD1 CD1 RELATING TO LIMITING CIVIL LIABILITY. Also known as the “CASTLE DOCTRINE”, and originally introduced by Slom, the version that passed was sponsored by Senate Judiciary Chairman Brian Taniguchi (D-Manoa), By Request. Current Hawaii law requires a homeowner to “retreat” from his or her own home when invaded by a criminal engaging in a felony. The new law establishes provisions relating to owner to felon; limited liability. Provides that any owner of any other interest in real property shall not be liable to any perpetrator for any injury or death that occurs upon the real property during the course or after the commission of certain felony offenses. — Section Affected: 663- (1 SECTION) OWNER TO FELON.
Slom said of this bill, “It represents common sense and confirms in Hawaii the old adage, “A man’s (or woman’s) home is his (her) castle.” It should put potential criminals on notice that they no longer can break in, commit a felony, threaten the owner and escape with no risk of personal harm. Both laws are about taking back our individual, Constitutional rights”
Pretty clear cut to me.
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Both side are kinda right.
Yes what you say can come back to haunt you in a trial. It would be unwise to say anything that could reflect poorly on your intent.
Yes, my non-lawyer (AKA layman) understanding is that you do not have to flee from your actual residence.
No, according to my layman understanding, you don't have to prove your life was in "actual danger". You must have a "reasonable belief" your life, etc was in danger. Not the same.
I would imagine the machete incident occurred outside the actual home. Otherwise, according to my layman understanding, the suspect with the machete would be extremely shootable, if inside the home.
I don't claim I'd shoot anyone, even if armed with a machete, etc, that unlawfully enters my residence, in Florida or Hawaii, but they have certainly put themselves in jeopardy, based on my "reasonable beliefs" regarding the safety of my family and myself.
Practically speaking, in Florida, my layman understanding is that if you break into someones residence you are totally at the resident's mercy.
I personally will use care as I've been on too many calls where it turned out that the person "breaking in" was some shlt faced drunk who thought he was breaking into his own house. By the way, almost always illegal immigrants from Central America (just to mesh with current events), but it could also just be the neighbor's pie-eyed kid. However, he (could be she but not likely) will likely be looking at the wrong end of a .45 caliber when the light comes on.
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As for descriptions, they are reasonably accurate the majority of (as in more than 50%) the time. A good investigator (to include the initial responding officer) will not just ask how old or what height but use comparisons as in "taller or shorter than me?" "Older or younger than him (other officer or whoever is handy)?", you get the idea.
If a description is given out on the radio, etc you don't look for the exact thing but anything similar. Red ford escort? Look for anything in the red end of the spectrum, even if two toned and anything a notch bigger and smaller than the escort, in any flavor. Same idea with people.
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Edit to add that I just read Bull's link and I think I covered that. Not in the residence? Probably chargeable in Fla too. It would kinda depend on the greenhouse, inside/outside, time, etc. If unlawfully inside what would be considered structure, at night, probably not charged. Shot in the back, not in a residence, well illuminated or day, no "reasonably belief" he was in danger? Then not looking good for him.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
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and stash a couple of hundred grand for your defense team - white guy shooting a local doesnt play well out here - be forewarned ....some of us have actually spent some time here to learn the ropes - and trying to help you along despite your name calling and attitude - hope you find your center - aloha
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