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Armed Homeowner Confronts Intruder in Racine

HankT

State Researcher
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The charge is "Criminal trespass to dwelling". An element of all crime is intent, mens rea, that is arguably absent in a drunk.

If you don't know Wisconsin Statutes well enough to know that yourself then you can MYOB until it pleases me to train you up.

"Arguably absent" in a drunk???

Earlier, Doug, you said:

"Being drunk removes the criminal element of intent from § 943.14 ..."

Yer backpeddlin', counselor . . . .
 

Doug Huffman

Banned
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Jun 9, 2006
Messages
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Washington Island, across Death's Door, Wisconsin,
A brief explanation since Henrietta T-troll is a newbie to this forum version

A brief explanation since Hank T is a newbie to this forum version.

Settings | My Settings | My Account | Edit Ignore List works really well, even bringing Tukhus Petard to heel.

You two can chat between yourselves without me because you have joined my Ignore List of thirteen now of similar character. Putting me on your iggy-list will save you a lot of frustration.
 
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MKEgal

Regular Member
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Jan 8, 2010
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4,383
Location
in front of my computer, WI
§ 943.10(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.

Since a private home is almost never "open to the general public", that doesn't apply.

As someone else pointed out, my leaving my front door open so the cats can watch the front door channel on big-screen kitty TV is in no way an invitation to anyone walking by to come on in. (Not that they could anyway, at least without some struggle, since the storm door is locked.)
 

HankT

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Messages
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A brief explanation since Henrietta T-troll is a newbie to this forum version.

Settings | My Settings | My Account | Edit Ignore List works really well, even bringing Tukhus Petard to heel.

You two can chat between yourselves without me because you have joined my Ignore List of thirteen now of similar character. Putting me on your iggy-list will save you a lot of frustration.


So, uhm, do you believe that Singstock will be found not guilty of this charge, counselor?

Uhm, again, er, you wouldn't happen to be a . . . betting man, now woudja, Master Doug?
 

oak1971

Regular Member
Joined
Jun 8, 2008
Messages
1,937
Location
Wisconsin, USA
Ahh, well, that's what I get for believing the "news". Singstock is actually charged with § 943.14 and § 947.01, and not burglary that was obviated by the open door, arguably an invitation to passers-by.

Being drunk removes the criminal element of intent from § 943.14 but the catch-all § 941.01 disorderly conduct will get him.

So, will Singstock bring a civil action? Will the newspaper publish a correction?

Enlighten us please... At what point does one become so intoxicated that they are no longer capable of forming intent? Seems highly subjective. Is this your opinion or fact. If fact please cite.
 

HankT

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Doug Huffman said:
Ahh, well, that's what I get for believing the "news". Singstock is actually charged with § 943.14 and § 947.01, and not burglary that was obviated by the open door, arguably an invitation to passers-by.

Being drunk removes the criminal element of intent from § 943.14 but the catch-all § 941.01 disorderly conduct will get him.
So, will Singstock bring a civil action? Will the newspaper publish a correction?
Enlighten us please... At what point does one become so intoxicated that they are no longer capable of forming intent? Seems highly subjective. Is this your opinion or fact. If fact please cite.


I also asked Doug the same pertinent question about his legal opinion.

I'm sure he'll answer it. Positive. After all, someone just yesterday had this to say about Doug:


...Suit yourself but if you need an accurate answer to a law, with proper citations, you won't someone else quite as helpful as Doug.

Ole "helpful Doug" . . . will come through. I just know it!
 

hardballer

Regular Member
Joined
Jul 16, 2009
Messages
925
Location
West Coast of Wisconsin
I could use some enlightenment here too.

It was my understanding that trespass occurred at the boundary of the property. Step over the line and you are trespassing. Right?

The door open or closed should be irrelevant. Shouldn't it?

No invite. An open door certainly is not implied consent in my mind but perhaps in black law it is. Who knew?

I mean, really, how many here would enter a home of which they did not know the owner, open door or not?
 

paul@paul-fisher.com

Regular Member
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May 24, 2009
Messages
4,049
Location
Chandler, AZ
Enlighten us please... At what point does one become so intoxicated that they are no longer capable of forming intent? Seems highly subjective. Is this your opinion or fact. If fact please cite.

I am not Doug and I do not know his particular reasoning, however, someone knowingly getting drunk and then driving and then hitting someone and causing their death is usually charged with involuntary manslaughter, so, if you take the car out of the equation, it could be argued that a drunk person cannot have intent.
 

JerryD

Regular Member
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Sep 23, 2010
Messages
120
Location
central Wisconsin
People use being drunk or high as an excuse for bad behaviour all the time sometimes it works for them but thankfully it does not work all the time.
 

HankT

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I am not Doug and I do not know his particular reasoning, however, someone knowingly getting drunk and then driving and then hitting someone and causing their death is usually charged with involuntary manslaughter, so, if you take the car out of the equation, it could be argued that a drunk person cannot have intent.

So, Paul, do you agree then with Doug's legal opinion that in this case, Singstock's "being drunk removes the criminal element of intent from § 943.14?"

Or does your opinion not go quite that far for the subject incident?
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
I also asked Doug the same pertinent question about his legal opinion.

I'm sure he'll answer it. Positive. After all, someone just yesterday had this to say about Doug:




Ole "helpful Doug" . . . will come through. I just know it!

And Ole Hank Troll will continue to ride in the Chariot of the Spartan disrupting every thread he comes across with his negativity in an effort to amuse himself, which I might add doesn't take much.

By the way Hank Troll, remember all the times you complained to John and Mike about Doug harassing you? But now it is OK for you to do the same right?
You cliam to be a "State Researcher," then act like one and start posting some facts instead of this hogwash you always seem to come up with. Or maybe your only a researcher for impression purposes only.
 
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paul@paul-fisher.com

Regular Member
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May 24, 2009
Messages
4,049
Location
Chandler, AZ
So, Paul, do you agree then with Doug's legal opinion that in this case, Singstock's "being drunk removes the criminal element of intent from § 943.14?"

Or does your opinion not go quite that far for the subject incident?

I don't quite go that far. I believe WI is screwed up enough that being drunk removes responsibility for a crime committed while drunk in some situations. They don't take into account that people don't 'accidentally' get drunk. It is usually a willful act.

Don't get me started.
 

Doug Huffman

Banned
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Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Or maybe your only a researcher for impression purposes only.
Surprisingly no one has ever claimed 'credit' for my membership status being changed from 'state researcher' to regular guy.

If you click on the lusername and then 'View Forum Posts' you can view all of the lusers posts on the OCDO forum. You'll be hard pressed to find a new thread topic by abusers.
 
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