Monday, March 2, 2009

Self De"fence" or Self Righteous?

This Rancher took the law in his own hands. Should he have the right to do so? Should he be sued in civil court? Should he be prosecuted?

Here is a similar example...A reservist in Arizona employed his right to "citizen's arrest" when he encountered 7 illegal immigrants. I think a simple phone call would do. It may be different when people are invading your property, home, or trespassing. There are differences and depending on the state. In Texas you can shoot someone breaking into your car, while some states say that you must be threatened in some way, or they must be trying to break into your home. Is there a difference between driving on the freeway, trespassing on your property, or breaking in? Also a citizen's arrest is for a felony. This will be an explanation in a future friendly neighborhood blog.

5 comments:

  1. While I agree that people should be able to feel safe in their homes and on their own land, I do not think that either one of these men were justified in holding these immigrants at gunpoint.I agree that a simple phone call would do. It seems like they went too far. Yes, they may be illegal immigrants, but they are still people!

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  2. This is a tough one. I feel for the rancher, but the lawsuit should be against the US Government and not him. Our ambivalent policy on illegal immigration is what caused this to happen. If the law was clearer, and enforced, I think it wouldn't be such an issue. They do not have the right to cross his property. He does have the right to protect himself. If the government is unwilling to let him protect his family and property and don't want him doing it then the government should be patrolling his land to keep them out. If they wont do that then he needs to be suing them.

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  3. I agree with Lucas, if anything I think the rancher has the right to sue the U.S. government for not providing sufficient border control. I believe he has the right to protect his own property and if people whether legal or illegal are on it he has the right to kick them off or hold them there until he can turn them over to the sherrif.
    Last year during deer hunting season one guy came onto our land and my Uncle sat him down (somewhat forcefully) and kept him there until an officer could get there. Granted no physical abuse should be done. But it is your land and you have the right to protect it, especially if damage is being done.

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  4. It would be helpful if the public even knew the laws these days....they are changing so often, it's hard to keep track of what you can do and what you cannot on your own property. Back in the old days....most people were pretty clear about the ramifications of trespassing. For me the issue here is our out-of-control lawsuit happy system of making easy money!

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  5. I agree, people have the right to protect their property even with the use of guns - I believe both those concepts are stated in the Constitution.

    I think a possible solution would be to make it easier for people to come here legally. I can't blame people for wanting to come here but the whole process is so beauracratic and cumbersome.

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