Virginia: Home Invasion and Deadly Force
In considering our question of the week, an article from WSET prompted me to think on these thoughts.
If you are inside your home when someone breaks in, do you have the right to use deadly force?
My first thought was certainly yes, if someone breaks into my home, I am going to send him right to his maker. But this WSET article made me think, why would a Virginia Senate panel reject this bill from becoming law?
It revolves around the issue common and case law as opposed to code, what is the concept of self-defense?
Del. John J. Welch III, R-Virginia Beach, was the promoter of the law that would put the theory of self-defense into law. It would make it a slam dunk that if you killed a home intruder, you will be justified by the code of Virginia.
The panel decided otherwise. Based perhaps from the influence of Robert Bushnell ,who represented the Virginia Association of Commonwealth's Attorneys, listen to what he said according to WSET:
"The current law is not bright and clear because the world is not bright and clear. This bill is a license to kill."Case law governing self-defense is built on "experience and reason."
His point, is that a decision needs to be made on each and every circumstance when deadly force happens when someone proclaims self-defense.
So you may wonder what constitutes self-defense in Virginia?
Here is a site that will break it down for you.
So what are your thoughts? Does everyone have the right to kill someone who invades their home?
photo by bob