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Thread: "Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others"

  1. #1
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    "Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others"

    http://wisconsincriminallaw.blogspot.com/

    Quote Originally Posted by Wisconsin Criminal Law
    Here, for those who care, is the basic Wisconsin law on when you may use deadly force - hell, when you can shoot an intruder - in self defense, defense of others, and defense of property. This discussion is drawn right from the approved Wisconsin Jury Instructions on these issues. Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others


    1. You reasonably believed that someone was actually harming or about to harm you or others (technically, called "interference with your person").
    Be in reasonable fear of bodily harm.
    Quote Originally Posted by Wisconsin Criminal Law
    2. You reasonably believed that deadly force (force which is either intended to kill or likely to kill) was needed to prevent great bodily harm to you or others.

    3. Your belief is reasonable if it is what any average Joe would also believe under exactly the same circumstances; not how a Madison jury of hand-wringers might later feel you should have acted, but viewed strictly from your standpoint in the face of danger.
    Use sufficient force only to deliver oneself from evil.
    Quote Originally Posted by Wisconsin Criminal Law
    4. In Wisconsin you have absolutely no legal duty to retreat from the threat, although if it was possible to beat a safe, fast retreat that can be considered by those jurors later as one of many circumstances you, the average Joe, faced at that very moment.
    Attempt to withdraw.

    Note the absence of "Be innocent of instigation." That may be because Wisconsin has provisions for 'imperfect self-defense' in its law.

  2. #2
    Founder's Club Member springfield 1911's Avatar
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    Cool

    Thank You Doug, Ever think of compiling all your sources for Wi. into book form?
    I'll bet you already have one.

  3. #3
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    You're welcome, but no thanks.

    This, for instance, was ripped from WCI's new law firm, as a thumb in the eye of my arrantly errant quibblers.

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    Nice post Doug

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    Regular Member Interceptor_Knight's Avatar
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    This was not actual legal advice. This was interjected with attempts at humor while deamonizing a group of people whether or not they deserve it. This was not an actual excerpt nor is it a reasonably accurate synopsis from/of jury instruction. This is an interpretation of jury instruction. This is not actual jury instruction. This does not cite properly to source.

    939.48 Self−defense and defense of others. (1) A person
    is privileged to threaten or intentionally use force against
    another for the purpose of preventing or terminating what the person
    reasonably believes to be an unlawful interference with his or
    her person by such other person. The actor may intentionally use
    only such force or threat thereof as the actor reasonably believes
    is necessary to prevent or terminate the interference. The actor
    may not intentionally use force which is intended or likely to cause
    death or great bodily harm unless the actor reasonably believes
    that such force is necessary to prevent imminent death or great
    bodily harm to himself or herself.

  6. #6
    Founder's Club Member protias's Avatar
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    If someone is in my home, I'll make sure to call the police.

    Yes, I did leave that vague on purpose.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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