What Is Make My Day Law?

What Is Make My Day Law
Make My Day: The Colorado Experiment in Home Protection This article examines the pros and cons of Colorado’s 1985 law, nicknamed the Make My Day law, which gives greater protection to the occupant of a dwelling who uses deadly force against an intruder.

  • After outlining provisions of the Make My Day law, the author summarizes four cases to illustrate the issues involved.
  • The legislature intended to protect the law-abiding homeowner who was confronted in the middle of the night by a stranger/intruder.
  • These cases, however, show that the law has provided defense attorneys with another avenue by which they can ‘get off’ their clients for assault or homicide if the offense was committed in a dwelling.

The Make My Day law is part of a more general attitude that allows the pre-emptive strike by ‘good guys’ against ‘bad guys.’ One alternative is tightening the law’s language to eliminate protection being used in neighborhood disputes and love triangles.

  • Second, traditional self-defense laws could include the provision that in the case of homeowners using deadly force to protect themselves in their home, the presumption is that the homeowner acted reasonably.
  • The State also could create the law of excessive self-defense so that homeowners who act unreasonably are held responsible for manslaughter.

Finally, some States disallow self-defense where the defendant is responsible for creating the conditions of his own defense.9 references. : Make My Day: The Colorado Experiment in Home Protection

What is Texas make my day law?

Listen to this ‘Talk of the Nation’ topic – A man in Texas reportedly sees two people breaking into his neighbor’s house, calls 911, and then grabs his shotgun. In the end, two men lay dead in front of his house, and the shooter claims self-defense under Texas’ “castle doctrine” laws. Basically, castle laws (and similar “make my day” laws) come from the idea that your home is your castle, and you have the right to use deadly force if someone breaks in.

The obvious question in this case: Is his neighbor’s house also his castle? The courts will decide this case, but your rights to self-defense change depending on which state you’re standing in. In some places, you have to try to get away before opening fire; shooting is only a last resort. In other states, you can not only shoot to kill in your home, but also in your car or office.

It’s a confusing mix of legal and ethical mazes, and we’ll try to work through them on the show today. How far should the right to self-defense extend?

Can you shoot an intruder in CT?

Advocates of a “stand your ground” bill meant to broaden Connecticut’s self defense law called it empowering, but opponents labeled the proposed legislation vague and hazardous, especially to minorities. Considered by the legislature’s judiciary committee as one of several proposals to fight car crime, the bill and recent fatal confrontations in East Hartford and Litchfield offer a broad view of issues around use of deadly force in defense of person and property.

The bill added motor vehicles to Connecticut’s “castle doctrine,” which says a person may use deadly force and is not required to retreat when confronting a home or workplace intruder. Supported by dozens of gun owners and gun rights advocates in a marathon public hearing in March, the proposal did not make it to a vote in the last session.

In part, the bill said a person could use deadly force “to the extent that he reasonably believes such to be necessary to prevent or terminate an unlawful entry by force into his motor vehicle.” Testimony before the committee showed widely different views on the need for the amendment.

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In support of the bill and another that would have removed the “duty to retreat” when facing intruders in houses of worship, Lauren E. LePage, state director of the National Rifle Association’s Institute for Legislative Action, said “both pieces of legislation place the risk of initiating a criminal assault or other attack back on the criminal aggressor.” ” The current crime wave has the potential to put more and more citizens in dangerous situations without police protection,” Republican Sen.

Rob Sampson, a co-sponsor of the “stand your ground” legislation whose district includes Cheshire and Waterbury, testified, “Our laws should reflect their natural right to protect themselves without fear of prosecution.” Opponents, however, said the bill was vague and unnecessary.

Both the Criminal Justice Division and the Office of Chief Public Defender opposed adding motor vehicles to the castle doctrine law. In written testimony, state prosecutors said existing self-defense laws and jurisprudence “more than adequately ensure that only those whose belief regarding the necessity of using deadly physical force is unreasonable, or who ignore a known avenue of safe retreat, will be held criminally accountable for such use of force.

Moreover, human life, even one engaging in criminal activity, is more valuable than a motor vehicle.” Public defender’s office representative Nicole Van Lear wrote, “the language is so broad that this law would create a danger rather than act as a protective tool.” “The logical purpose of the castle doctrine is to enable the use of physical force to defend your home when you are inside of it and cannot safely retreat,” Van Lear wrote.

  1. This bill defies that logic and creates a scenario where a person may be justified in using deadly force to stop an unoccupied car theft.” “The language of this proposal does not limit the use of force to a carjacking situation,” she continued.
  2. As written, the proposal, if enacted, could allow the use of deadly force during non-violent and unoccupied car thefts.

Car thefts, unlike carjackings, are not inherently violent endeavors. Allowing the castle doctrine to apply to a theft of an unoccupied motor vehicle will have unintended consequences.”

Can you shoot someone for trespassing in Georgia?

Under the above premises, you cannot shoot someone just because they are on your property. There must be an active threat toward your life or another’s life in order for any use of force, especially deadly force, to be justified. If you have been charged with a violent crime while defending yourself, the jury will need to determine whether your fears were ones that a reasonable individual would have likewise had and that type of force used reasonably fit the situation.

  • Since there is no universal standard for what is reasonable, this is entirely subjective.
  • The jury will take a look at the specific circumstances of the case and determine whether your decision to use deadly force was justified.
  • Understanding the exact circumstances that led to the attack can be difficult, however, especially in murder or manslaughter cases where the only other witness is no longer alive.
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As your attorneys, The Law Ladies will utilize their extensive resources to gather evidence that can support your reasonable self-defense argument. If it is proven that your decision to shoot was justified to protect yourself and/or others, then you will most likely be acquitted of the charged crime under Georgia’s self-defense laws,

Is Colorado a no retreat state?

Enter The Stand Your Ground Law – Stand Your Ground laws across the country – have dramatically expanded the circumstances under which people are permitted to use deadly force. Truly, the stand your ground law is a radical departure from traditional self defense principles.

  1. In a state that has enacted a “Florida” type version of the law, a person has NO obligation to de-escalate confrontations or walk away from a fight as an alternative to using deadly force.
  2. Simply put – there is no duty to retreat from a self defense situation before resorting to deadly force and, unlike Colorado’s Make My Day law – the location of the altercation is no longer relevant.

It is not limited to your property (your home, your office, your car etc.). Variations Of Stand Your Ground Laws Have Been Enacted In At Least 30 States As Of 2016 What Is Make My Day Law Colorado is not listed – and as noted, while Colorado does not require a duty to retreat, Colorado limits the use of deadly force and is not a “Stand Your Ground” state.

Can you flip off police in Texas?

Can I Legally Flip off the Police? – Wirth Law Office – Tulsa Video Transcribed: Hello, this is, Brian Jackson. I want to talk about this kind of a funny story, but there’s a point to it. There is actually a case out of upstate New York that is a federal case.

It was a federal First Amendment case involving a gentleman who gave a cop the finger and got arrested for assault for flipping a cop off. Now, this is kind of a dumb ass thing to do, and I surely do not endorse this behavior for a variety of reasons but, ultimately, the case went up to the Federal Supreme Court and the Supreme Court came back and said, “No, that’s protected speech.

You cannot arrest a person for giving a cop the finger.” You do, in fact, have a legal right under the constitution and First Amendment free speech, you have a right to give the cops the finger. I don’t recommend doing it. I think it’s a dumb idea, but you can do it.

  • And I want to tell this story less to talk about First Amendment issues, but it’s kind of a lead-up to a point I want to make.
  • Don’t make shit personal with the cops.
  • If you are getting a ticket or you’re getting arrested, or you have an unfavorable encounter with law enforcement of any kind, don’t make it personal, especially on little piddling crap.
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If you’re getting ticketed, don’t make it personal because here’s the thing, the cops First of all, most of those tickets end up being referred to the municipal court in Oklahoma. And the cops, especially in small towns, talk to the prosecutors, and it may also get back to the judge, and it can make mean the difference between getting a deferral or getting hammered for full fines and costs and getting points on your license or getting your license yanked if they got you for something serious.

It’s stupid to mouth off and be disrespectful. Yes, you have a right to do it and if all you’re doing is running your mouth and being disrespectful, that’s not a crime. Assuming, of course, you don’t end up admitting to anything else, they shouldn’t arrest you for that. But you’re going to make it personal with the cop.

If they know you’re breaking some kind of law and it’s some little petty crap, and it’s discretionary on them if they want to write it or not or they want to arrest you or not, if you’re a disrespectful fool, they’re going to bust you for whatever they can get you for.

And I’m here to tell you if a cop really wants to arrest you or they really want to write you a ticket, they can probably come up with some excuse to do it. You may very well beat that in court later and, certainly, you get a good lawyer, I’m sure you will beat it because the lawyer is going to show the court what it is, that you went and made it personal with a cop, so of course, they busted you.

But you know what happens when you do that, is you get to pay someone $1000 or more dollars to go do that for you. That middle finger, that snarky remark, that cuss word just cost you a boatload of money. And that’s a cop who, if they do have you dead to rights on something, he’s going to show up to court and make sure you get hammered.

  • The long and short of it is, don’t be disrespectful to cops.
  • It’s stupid. It is.
  • It’s really stupid.
  • It’s a good way to make an unpleasant experience a hell of a lot worse.
  • A lot of people that get popped for criminal charges on things like public into, it’s because they were being an asshole.
  • It’s because they were disrespectful.

Don’t act that way. Most cops got better things to do than mess with you if you’ve had a few too many at the bar and you’re walking home. When you get in trouble for that is because you were being a jerk. I can’t say it enough. Don’t be disrespectful to cops.