German exchange student shot in Montana for entering man's open garage.

[Kasz216]

Kane1389 said:

Kasz216 said:

German protests have focused on Montana's self defense laws in regards to home invasions.  When they have the same laws.

It is a home invasion case.  The big difference is that he invited the home invasion.

Which is why I'd EXPECT he'd get convicted assuming the prosecution presnts the evidence well..

Though that will rely mostly on the purse I imagine.

 

You can't really convict someone for planning to shoot home invaders, as that's why people buy guns for self defense.   You can't really convict someone for leaving their garage door open.

 

It's the purse and the haidressesrs comments that they intentionally left it there as a lure that will be the big evidence pieces.

 

Without that, shooting someone on your property there to steal something, vs shooting someone who is activly fleeing you...

 

You can shoot home invaders, but there is a difference between a home invader and a tresspasser. Home invasion is violenty storming a person's home, and thus posing a direct leathal threat to the home owner. Tresspassing is simply being on a property for which you dont have a permission to be on, it doesnt justify shooting someone over that,  because it doesnt register as an 'unlawful attack on a person's life'

That is largely incorrect.  In the general sense a home invasion is simply entering someones home when there is someone else home... generally a garage is considered part of the home.

At least that's how it's defined when talking about self defense common law.

 

Nowhere that i am aware of defines home invasion as strictly as you are stating.  The strictest definitions of home invasion always include robberty as a motive.

 

Note the above where the old man was let go after shooting fleeing criminals who clearly posed him no violent harm, all they did was rob him, AND they were leaving.

 

 

Even places that have the more stringent version of robbery.  That's basically defacto going to cover everybody you don't personally know on your property.  (Well unless they can prove you were intentionally luring strangers there to kill.)