Guns Be Bad

Weather Man

Persistance Is A Bitch
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People don't defend their lives with guns. It's an urban myth.
 

Machdup1

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Potentially excellent gun control, unless she overreacted and her children were not in danger. I am sure LE will let us know.
 

jbs$

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When the leftist start putting up "Gun Free Home" signs in their front yards, I will believe that they have true convictions. Until then, it is nothing more but political BS.
 

traktrbeam

Oh Noes!
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When the leftist start putting up "Gun Free Home" signs in their front yards, I will believe that they have true convictions. Until then, it is nothing more but political BS.

I might put one of those signs up anyway. Let the intruder be surprised.
 

Blown 89

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Good for her. I had a zero tolerance policy about justifiable defense already but when I became a father it became that much stricter.
 

STAMPEDE3

SAULS BROTHER
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I have a couple questions.

1. the neighbor heard glass break, went look and saw it was the neighbors house but didn't call anyone? Came back inside and did nothing?

2. Why was a 5 and 10yr old home alone and the mother comes home at 1:45AM?

other than that, good shoot and glad she saved the day.
 

Screw-Rice

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More details have been added since I first posted this. Originally sounded like she came home with the kids, but seems they were home the whole time. Not too shocking, could be single parent working a late shift given it doesn't look like a high end area.

The main point is some random dude was in the house (doubt it was the sandman) and very unlikely it was for anything less than nefarious reasons.
 

Screw-Rice

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It might depend on the state, but I'm pretty sure entrapment is a crime. It's unethical at the least.

It's not entrapment.
645. Entrapment—Elements

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government's use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort "that would blind the ordinary person to his legal duties," United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne"); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created "a substantial risk that an offense would be committed by a person other than one ready to commit it").

Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant "was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime." Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: "the ready commission of the criminal act," such as where a defendant promptly accepts an undercover agent's offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.
 

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