maybe we should ban swords.....or at least have a 7 day waiting period on the purchase of them.
http://www.abc2news.com/news/local/...-to-Kill-Intruder/-O5uBdWODkOMsx4zLpTS2A.cspx
Confronted by a student wielding a samurai sword, the alleged burglar lost his hand and then he lost his life.
While the student had left his house and had entered a detached garage where he discovered the intruder, police say he still may have been within his legal rights to strike that fatal blow.
"People do have a right to defend themselves,” said Baltimore City Police Spokesman Anthony Guglielmi, “Samurai swords are not illegal here in Baltimore City and it's like going to your garage with a baseball bat."
While it's still early in the police investigation and the case hasn't been handed over to the city state's attorney's office, it certainly raises some interesting legal questions as to whether the victim will be charged or, for that matter, prosecuted.
A University of Maryland School of Law professor and attorney, Andrew Levy, says the law of self defense balances a person’s right to defend themselves without giving them a license to kill. "People are allowed to use deadly force in defense of their home if there's a felony being committed or about to be committed or if they, themselves, reasonable believe that they or a family member are at risk," said Levy.
Levy says the fact the burglar had no weapon shouldn’t matter if he really lunged at the student prompting him to defend himself.
Police are still matching the witnesses’ statements with evidence found at the scene to make sure there are no discrepancies.
"What our guys are trying to do is make sure the incident happened exactly as it did and determine if there's any criminal intent here," said Guglielmi.
http://www.abc2news.com/news/local/...-to-Kill-Intruder/-O5uBdWODkOMsx4zLpTS2A.cspx