Castle doctrine case study
The former Texas lawmaker who wrote the state's "Castle Doctrine" self-defense law said it "wasn't designed" to be used to defend people like former Dallas police officer Amber Guyger , who was convicted of murder Tuesday for fatally shooting an innocent man in an apartment she thought was her own. Former Texas state Sen. Jeff Wentworth, a Republican, told ABC News that he drafted the "Castle Doctrine" 12 years ago to provide protection to citizens who use lethal force to defend themselves against intruders into their own homes. In Guyger's use of the law, which is similar to Florida's "stand your ground" self-defense law, she claimed she believed she was in her own apartment when she mistakenly entered the unit of year-old Botham Jean, who lived a floor above her at the South Side Flats apartment complex in Dallas and shot him to death after wrongly suspecting him of being a burglar. It wasn't designed for this kind of circumstance that existed in this Dallas case," Wentworth, now a justice of the peace in San Antonio, told ABC News following Guyger's conviction on Tuesday.
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The point of arrest is not to be punitive, but to bring the accused before a court of law. The ConCourt came to the conclusion that the use of force in effecting an arrest should only be used in situations where it is necessary to effect an arrest i. Where the force is required, the least amount of force to affect the arrest must be used. All the circumstances must be taken into account when deciding how much force is reasonable and necessary, including the nature of the offence that accused has committed or is suspected of having committed, and the threat of violence that the accused poses to the arrestor or others. The court also had to ensure that what the officer action was when the shots on the moving vehicle was justifiable. The fourth amendment was not violated in this case. The court had to Justified through the law what was the law on pursuing a fleeing suspect.
There have been no studies of the effectiveness of gun laws that have shown any positive effect, yet some studies have shown a negative effect of gun control laws. The obvious effect of gun bans is to deny the law-abiding citizens access to firearms for their defense. If guns were eliminated from the scene, more knives, clubs, axes, pieces of pipe, baseball bats, brass knuckles, or, for that matter even fists would be used to kill people. Homicidal behavior is influenced by drugs, alcohol, socioeconomic factors, and mental state rather than the availability of a firearm.
The most recent case comes from Kalispell, Montana where Brice Harper, 24, gunned down Dan Fredenberg, 40, in his garage. Fredenberg left , 40, was coming over to confront Harper right below about having an affair with his wife, Heather Fredenberg. On Sept. He was unarmed, but Harper shot Fredenberg three times.