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

D

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
"Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others"

http://wisconsincriminallaw.blogspot.com/

Wisconsin Criminal Law said:
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").
Click to expand...
Be in reasonable fear of bodily harm.
Wisconsin Criminal Law said:
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.
Click to expand...
Use sufficient force only to deliver oneself from evil.
Wisconsin Criminal Law said:
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.
Click to expand...
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.
 
Interceptor_Knight

Interceptor_Knight

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May 18, 2007
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Location
Green Bay, Wisconsin, USA
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.
Click to expand...
 
P

protias

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Dec 18, 2008
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SE, WI
If someone is in my home, I'll make sure to call the police.

Yes, I did leave that vague on purpose.
 
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