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Friday, February 06, 2009

Ind. Law - "It's the Law -- 'Deadly force' can be justified against burglars, carjackers"

Ken Kosky's NWI Times' "It's the Law" column for Jan. 19th, which the ILB somehow missed, looks at deadly force:

If someone breaks into your house or tries to carjack you, you can use "deadly force" to protect yourself and the people you are with.

Indiana law is clear on the matter, stating it is legal for a victim to use deadly force against a perpetrator, and that the victim does not have a duty to retreat "if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage (property) or occupied motor vehicle."

Porter County Prosecutor Brian Gensel said the thought that "a man's home is his castle" is well established, and he's not aware of any states that restrict a person's right to defend it. Indiana law is perhaps stronger than some states, since it doesn't require a person to "retreat" when faced with a burglar, Gensel said.

"The law is fairly clear -- you're justified in the use of deadly force," said Porter County Prosecutor Brian Gensel.

Gensel said homeowners and car owners must, however, keep in mind that their force must be reasonable.

For example, it is reasonable to use deadly force against a burglar in your home or someone trying to forcibly carjack your car from you, Gensel said.

But you can't shoot a burglar who is on the street, running away from your home. And you can't shoot someone who is cutting through the corner of your yard. And if you leave your car running while you go in a gas station to pay for gas, you can't legally fire shots at the thief who is driving away with your car, Gensel said.

The "reasonable" argument also carries over to matters like fights. The law generally allows a person to use equal force or one level of force greater to protect themselves. So a person attacked with a knife could use a gun against the perpetrator, but a person who is shoved by someone could not legally shoot them.

"The response generally has to be commensurate with the threat," Gensel said.

And although Indiana law eliminates criminal liability if someone acts responsibly in using deadly force, the person could possibly be sued in civil court. Gensel said the burden of proof is less in a civil case and a jury could find the act of deadly force to be unreasonable.

For more, see this Oct. 1, 2008 ILB entry, headed "When deadly force is justified."

In addition, the ILB has been following a case in Jeffersonville invloving alleged "road rage." The most recent entry is here, from July 22, 2008. See also this entry from June 21st and related linked.

Posted by Marcia Oddi on February 6, 2009 10:17 AM
Posted to Indiana Law