Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site kontron.UUCP Path: utzoo!watmath!clyde!bonnie!akgua!whuxlm!harpo!decvax!ittvax!dcdwest!sdcsvax!sdcrdcf!trwrb!scgvaxd!pertec!kontron!cramer From: cramer@kontron.UUCP (Clayton Cramer) Newsgroups: net.politics Subject: Re: MAKE MY DAY! Message-ID: <125@kontron.UUCP> Date: Thu, 25-Apr-85 21:14:14 EDT Article-I.D.: kontron.125 Posted: Thu Apr 25 21:14:14 1985 Date-Received: Sun, 28-Apr-85 09:08:35 EDT References: <1297@drusd.UUCP> Organization: Kontron Electronics, Irvine, CA Lines: 31 > > The Colorado Senate approved the "MAKE MY DAY!" bill on Wednesday and returned > it to the lower house for minor corrections. In substance, the bill requires > that the prosecutor prove that the resident was *not* in a life threatening sit- > uation when she or he used lethal force to subdue an intruder in her or his res- > idence. The bill is thought to have enough support to overide any veto. > > Demand is already picking up for those no-tresspassing signs used by ranchers > a year or so ago during the cattle mutilation incidents. They read: > > TRESPASSERS WILL BE SHOT! - SURVIVORS WILL BE PROSECUTED! > > It will be interesting to see if the burglary rate decreases once the thieves > discover that the justice system can no longer protect them. > > - Phil Since January 1st, California law has been quite similar to the so-called "Make my day!" bill in Colorado. Until this year, if someone broke into your home, there was no legal presumption that they intended you great bodily harm. As a result, if you shot a burglar who broke in, you might well have to prove to a court that you had reason to fear for your safety. (This seems like a pretty crackpot idea to me.) The law now says that the presumption is that someone who breaks into your home intends you great bodily harm. The courts now have to *prove* that you did *not* have reason to fear to convict you of a crime. I haven't read a detailed account of the proposed Colorado law (newspapers being long on analysis, and short on facts), but if it is similar to California law, I don't see a problem with it, unless you feel that burglars should be protected from lethal force.