Originally Posted by SgtScott31
I have no issues with broader legislation involving use of force as you guys have pointed out in KY. I would just not want to be the attorney for a defendant if the plaintiff was the family member of the decedent (the D shot) who wouldn't leave his buddy's house during a superbowl game or the purse snatching suspect who was shot multiple times and had no weapon or failed to display/advise of a weapon during the snatching. It appears the CO statute only outlines deadly force when the person made any unlawful entry to the house or remains in the house after an unlawful entry. That seems to be on point with the castle doctrine.
We all know that every case is very fact-specific when a court/jury comes to the conclusion that it does. I just would not want those specific scenarios in a wrongful death action. It appears in those limited circumstances that citizens have more latitude when it comes to deadly force than LEOs do.
Could be tricky, but we also have immunity from suit for shooting burglars in KY and the plaintiff has to pay for our attorney and all costs, lost pay, etc., if they sue and the court rules that the shooting was justified.
The person who has nothing for which he is willing to fight, nothing … more important than his own personal safety, is a miserable creature [with] no chance of being free unless made and kept so by the exertions of better men …. John Stuart Mill