My question involves criminal law for the state of: Illinois.
Good day all. My area has recently experience increased reports of break-ins (some are violent) and increased hate crimes against minorities. I present two different hypothetical scenarios that potentially could happen to me and my family -- I have two very young kids who are practically defenseless. I am a little Asian guy who has no training whatsoever in combat and a 14 year old white kid could probably beat the crap out of me.
Hypothetical Scenario 1:
Someone breaks into our house in the night. Our state does not have stand your ground laws. Upon a brief search I find that in the state of Illinois, I could only use "sufficient force to subdue the attacker". In addition (rather ridiculous in my view), I must reasonably assess the danger and not use deadly force that could be interpreted as "Imperfect Self-Defense". My question then is, how could I know? If someone puts his hand in his pocket at night, or even holding a banana pretending to have a gun, I could not see clearly in the darkness. Sure, I can turn on the lights and check him out, but what if the intruder indeed has a gun and is spooked by the very act of turning on the lights and shoot me? In addition, in the darkness, I couldn't reasonably assess the age of the intruder, who, may very well be a minor (the fact is I can NEVER tell someone's age at all as the difference between a 16 year old vs a 18 year old is often non-existent). Sure, I'll do my best and shoot his knees to disable him, but hey, I'm not a sharp shooter and I have no military training whatsoever. It could very well be that in all that anxiety and darkness, I accidentally misfired and shot him in the head. So in this case, I feel that I could be easily labelled as the aggressor who shot an "innocent" kid, who may or may not be carrying a deadly weapon. Weeping parents could easily make a case in course and convince the jury that he was a "good kid" and I killed him. Looking at all those cases of police shooting, they get in trouble even after ascertaining that the aggressor had a gun, odds are not in my favor.... So, does anyone know how I can prepare for a situation like this and not having to go to jail just for defending my family?
Hypothetical Scenario 2:
A bunch of youngsters (again, I can't tell age, so unless they are all 12 years old, there's no guarantee I'll know whether they are 18.) attacks my family and I in a public place, calling us by racial slurs and approach my family and I with aggression. Sure, I CAN let them land the first punch, but then again all that anxiety and fear may not allow me to act rationally. The law says I must assess the danger, but I feel that's very unreasonable. It's like asking Sully to assess and calculate whether there's enough time to land the plane in the near by airport when both engines are down --- how do you expect the mind to work logically in such fear? So, let say, upon their approaching with VERBALLY abusive words and treats of bodily harm, I grab the fruit knife from my pocket and stabs the aggressor closest to me -- is that self defense, or is this going too far? How can I reasonably and logically defend myself when fear and anxiety has taken 99% of my mind?
Thanks in advance!
Good day all. My area has recently experience increased reports of break-ins (some are violent) and increased hate crimes against minorities. I present two different hypothetical scenarios that potentially could happen to me and my family -- I have two very young kids who are practically defenseless. I am a little Asian guy who has no training whatsoever in combat and a 14 year old white kid could probably beat the crap out of me.
Hypothetical Scenario 1:
Someone breaks into our house in the night. Our state does not have stand your ground laws. Upon a brief search I find that in the state of Illinois, I could only use "sufficient force to subdue the attacker". In addition (rather ridiculous in my view), I must reasonably assess the danger and not use deadly force that could be interpreted as "Imperfect Self-Defense". My question then is, how could I know? If someone puts his hand in his pocket at night, or even holding a banana pretending to have a gun, I could not see clearly in the darkness. Sure, I can turn on the lights and check him out, but what if the intruder indeed has a gun and is spooked by the very act of turning on the lights and shoot me? In addition, in the darkness, I couldn't reasonably assess the age of the intruder, who, may very well be a minor (the fact is I can NEVER tell someone's age at all as the difference between a 16 year old vs a 18 year old is often non-existent). Sure, I'll do my best and shoot his knees to disable him, but hey, I'm not a sharp shooter and I have no military training whatsoever. It could very well be that in all that anxiety and darkness, I accidentally misfired and shot him in the head. So in this case, I feel that I could be easily labelled as the aggressor who shot an "innocent" kid, who may or may not be carrying a deadly weapon. Weeping parents could easily make a case in course and convince the jury that he was a "good kid" and I killed him. Looking at all those cases of police shooting, they get in trouble even after ascertaining that the aggressor had a gun, odds are not in my favor.... So, does anyone know how I can prepare for a situation like this and not having to go to jail just for defending my family?
Hypothetical Scenario 2:
A bunch of youngsters (again, I can't tell age, so unless they are all 12 years old, there's no guarantee I'll know whether they are 18.) attacks my family and I in a public place, calling us by racial slurs and approach my family and I with aggression. Sure, I CAN let them land the first punch, but then again all that anxiety and fear may not allow me to act rationally. The law says I must assess the danger, but I feel that's very unreasonable. It's like asking Sully to assess and calculate whether there's enough time to land the plane in the near by airport when both engines are down --- how do you expect the mind to work logically in such fear? So, let say, upon their approaching with VERBALLY abusive words and treats of bodily harm, I grab the fruit knife from my pocket and stabs the aggressor closest to me -- is that self defense, or is this going too far? How can I reasonably and logically defend myself when fear and anxiety has taken 99% of my mind?
Thanks in advance!
Homicide: When Can You Legally Shoot an Intruder or Aggressor
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