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hypothetical question - PART THREE, the kicker!

Posted by on Feb. 28, 2014 at 8:34 PM
  • 85 Replies
1 mom liked this

PART ONE (now answered)

Suppose you live in a neighbourhood with several competing drug dealers, who sometimes get into fights with each other.

One day you hear a smash as your front door is broken open, and the teenage daughter of someone you hate (one of the drug dealers) barges in.   You tell her to get out and she refuses, replying that there's someone outside who is shooting at her.

Do you have a legal right to kick her out of your house, or would that make you legally guilty of murder?


I'm not asking what the ethical thing to do is.   I'm asking about the legality of the situation.

ANSWER : People mostly agree it would be legal to force her out, even though she is an innocent child who has done nothing more wrong than flee for her life.


PART TWO (now answered)

Which are the main groups in America currently campaigning to change the law on this point, to at minimum add a "safe refuge" clause?  And which groups are happy with that law remaining the way it is, or even campaigning to strengthen it?


Again, I'm not asking which groups ought to be campaigning in one direction or the other.   I'm merely asking which currently are doing so.

ANSWER : There are a few states in which you are obliged to phone the police to let them know there is a girl in danger, once you've kicked her out, but nowhere where that (in practice) you'll actually get prosecuted for sending her out to die.  And no major parties are significantly bothered by this state of affairs; nobody has heard of any campaigns to change things.


PART THREE 

So the reason why I posted this thread is a picture I saw someone post in a different thread:

In part one I asked about the legality of the situation.

In part two I asked what, if anything, was being done to change that.

Now I'm asking about what ought to be done.   What ought someone to do in that situation?   What ought the law to be - what should people be obliged to do in that situation?   And what ought to be done about changing the law, if anything?


Is anyone going to argue that "Your house.   Not your house.   So not your choice on whether the girl leaves or not" ?

by on Feb. 28, 2014 at 8:34 PM
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Replies (1-10):
lga1965
by on Feb. 28, 2014 at 8:51 PM
2 moms liked this

 going crazyoh hell....that's too complicated. I don't even want to think about it.

 ( And there's no way I would live in that kind of neighborhood....EEEEK)

I'm sure you will get some interesting answers though.

tanyainmizzou
by on Feb. 28, 2014 at 8:53 PM
Yes you can tell her to get out. You have no legal obligation to allow someone in your house.
D-Town
by Silver Member on Feb. 28, 2014 at 9:01 PM

Where I am, if she barged into my house, she would have 2 people shooting at her. the difference is that I would not be breaking any laws by doing so. 


However, being a known drug dealer, it would be assumed that the person shooting at her is a situation of her own making. You have no duty to house her and can't be held liable. 

turtle68
by Mahinaarangi on Feb. 28, 2014 at 9:04 PM

Yes you have a legal right to kick her out.  Well here you do.

turtle68
by Mahinaarangi on Feb. 28, 2014 at 9:07 PM


Quoting lga1965:

 going crazyoh hell....that's too complicated. I don't even want to think about it.

 ( And there's no way I would live in that kind of neighborhood....EEEEK)

I'm sure you will get some interesting answers though.

How do you know your not living in that neighbourhood?  LOL   Where I live (rurally) quiet little middle class facade....yet two meth labs have been found around the corner...not small ones either LOL.

In a wealthy neighbourhood....they have found mass hydroponic set ups.   Do they have the shoot outs ...no.  Doesnt mean it cant :-)

lga1965
by on Feb. 28, 2014 at 9:16 PM
2 moms liked this

 

Quoting turtle68:

Quoting lga1965:

 going crazyoh hell....that's too complicated. I don't even want to think about it.

 ( And there's no way I would live in that kind of neighborhood....EEEEK)

I'm sure you will get some interesting answers though.

How do you know your not living in that neighbourhood?  LOL   Where I live (rurally) quiet little middle class facade....yet two meth labs have been found around the corner...not small ones either LOL.

In a wealthy neighbourhood....they have found mass hydroponic set ups.   Do they have the shoot outs ...no.  Doesnt mean it cant :-)

 Oh rats, I forgot that I know nothing.

Excuse me, I will now leave.

                 "Al Gebra Determined to Strike in US"
tanyainmizzou
by on Feb. 28, 2014 at 9:17 PM
1 mom liked this
Or perhaps you don't know everything


Quoting lga1965:

 


Quoting turtle68:


Quoting lga1965:

 going crazyoh hell....that's too complicated. I don't even want to think about it.


 ( And there's no way I would live in that kind of neighborhood....EEEEK)


I'm sure you will get some interesting answers though.


How do you know your not living in that neighbourhood?  LOL   Where I live (rurally) quiet little middle class facade....yet two meth labs have been found around the corner...not small ones either LOL.


In a wealthy neighbourhood....they have found mass hydroponic set ups.   Do they have the shoot outs ...no.  Doesnt mean it cant :-)


 Oh rats, I forgot that I know nothing.


Excuse me, I will now leave.

turtle68
by Mahinaarangi on Feb. 28, 2014 at 9:20 PM


Quoting lga1965:

 

Quoting turtle68:

Quoting lga1965:

 going crazyoh hell....that's too complicated. I don't even want to think about it.

 ( And there's no way I would live in that kind of neighborhood....EEEEK)

I'm sure you will get some interesting answers though.

How do you know your not living in that neighbourhood?  LOL   Where I live (rurally) quiet little middle class facade....yet two meth labs have been found around the corner...not small ones either LOL.

In a wealthy neighbourhood....they have found mass hydroponic set ups.   Do they have the shoot outs ...no.  Doesnt mean it cant :-)

 Oh rats, I forgot that I know nothing.

Excuse me, I will now leave.

ok

EireLass
by Ruby Member on Feb. 28, 2014 at 10:17 PM
A neighborhood with multiple competing drug dealers?
That is unlikely.
Farmlady09
by Silver Member on Feb. 28, 2014 at 10:28 PM

Legally, you could force her out. If you actually saw someone outside with a gun and did so, imo that would be depraved indifference, not to mention in the struggle to shove her out you would make yourself a target. Of course, allowing her to stay may well make you a target as well, whether they immediately followed her in, or came back later for you.

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