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Lack of Castle Doctrine

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Sandhillian:

--- Quote from: ORE45 on July 27, 2015, 05:14:14 PM ---I'm not sure that the sight of a gun from a homeowner gives a trespasser premise to self defense of his life ?  I would not take the sight of a gun as an escalation unless I was the aggressor.   Is this case law in Nebraska ?
--- End quote ---

Take a look at this link to section 28-1409.  The annotations provide several excerpts from Nebraska case law.  Reading the statute and annotations will tell you much of what there is to know about justifiable v. unjustifiable use of force.  Section 28-1409 is about self-defense.  Defense of others is covered by section 28-1410, but the law is essentially the same for both (i.e. you can use force to defend others when you would be justified in using force to defend yourself).

http://nebraskalegislature.gov/laws/statutes.php?statute=28-1409

Kendahl:

--- Quote from: ORE45 on July 27, 2015, 04:02:56 PM ---What else can the police do if there is someone killed by a shooting?   They have NO statute for self defense which the Castle doctrine might provide if the perp entered the home.
--- End quote ---

As AAllen stated, Nebraska does have a Castle Doctrine. When faced with death or serious injury at home, you are not obligated to look for a lesser alternative before resorting to deadly force. If Nebraska had Stand Your Ground, when faced with death or serious injury out in public, you would not be obligated to look for a lesser alternative before resorting to deadly force. As it is, when faced with death or serious injury out in public, you are obligated to use a lesser alternative only if there is one that is completely safe for you. Ninety nine percent safe isn't good enough. In the absence of a completely safe alternative, you may use deadly force. Note that each example contains the phrase "when faced with death or serious injury". Without that, neither Castle Doctrine nor Stand Your Ground gives you the right to use deadly force.

I pay attention to news reports of shootings in the Omaha area. So far, the Douglas County attorney has declined to file charges in every case that looked to me like legitimate self defense. Usually, a spokesman explains that the shooting was self defense. What I can't say is how the defenders were treated before the county attorney made his decision.

AAllen:

--- Quote from: ORE45 on July 27, 2015, 05:47:28 PM ---This family was in a camper, not nearly so safe as your stick built house.  Retreat behind a 1 1/2" wall ??   I don't know the escalation particulars that nite, either.

--- End quote ---

You are correct the camper walls are not as solid as those of my home, and there are others whose homes are even stronger construction.  That does not change the situation.  They would not have been retreating into the camper, they were already there.  If Childs broke into the camper then Campos would have had justification for self defense, but going out (even without a firearm) is an escalation of the situation and at that point Campos became the aggressor.

Dan W:
I think the question here is this...

Did Campos have a reasonable fear of death or grave bodily injury or rape of anyone present inside the camper at the hands if the alleged attacker?

Did the alleged attacker have the ability and opportunity, and did he place Mr Campos in deadly jeopardy?

Without these conditions, deadly force was not the legal response.

Just guessing, but the Police apparently did not find Mr Campos had reasonable justification for the use of deadly force

Gunscribe:
A lot depends on what the shooter told arriving gendarmes as well. Peace Officers do not respond to self defense shootings or suicides. They respond to homicides. The investigation will determine the circumstances of the death. Understand that self defense in most states is defined as justifiable HOMICIDE by a citizen.

The absolute worst thing you can do if you survive a life or death encounter is immediately claim self defense. By claiming self defense you are admitting guilt to what is normally a crime. Now you are no longer innocent until proven guilty. You have confessed to what is normally a crime. The burden to prove the act was justifiable is now on you. Say Nothing except for requesting a lawyer.

No matter what YOU think it is Self Defense is a legally defined term your actions must conform to for society to deem what you did was justifiable.

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