Sunday, June 17, 2018

Murder has no Better Friend than the Castle Law

   The law being what it is, the investigation into the shooting of Makayla Yeaman should be over. Well, if you want to determine if the killing was morally justified, continue to investigate. But, if you just want to know if it was legally justified, the law says it was.
  Morally, you should not kill another person unless it is necessary to do so. If you go by the law, however, death can be administered to anyone who breaks into your home unlawfully and while trying to keep you from knowing they are entering.
  Utah's Castle Law defines when it will be said that someones life is in jeopardy. Rather than requiring that a life actually be in jeopardy, the law says it will be presumed the shooter has reason to fear for their life or fear they will suffer serious bodily injury,"if the entry or attempted entry is unlawful and is made . . . surreptitiously or by stealth."
   Surreptitiously? Look it up. It means, in a way that avoids attracting attention. Stealth? That's an action taken cautiously, secretively, and in hopes of not being noticed. Those are not good ways to go about entering someones home, but do we kill all who enter in such a manner?
  So, the Castle Law is a wide-open window for murder. You can kill anyone who enters unlawfully and while trying to keep it a secret they are coming in. Anyone! Death to all who enter here! Or, at least, death to all who sneak in without a welcome.
   Laws against trespassing are a good idea, but should we kill everyone who violates them? If we're talking trespass of a home, and the homeowner doesn't know you are coming, clearly -- going by the law and by what we teach each other -- we should kill them dead. At least, the law gives us permission to do so.
   It seems obvious that when Makayla Yeaman entered the home in West Jordan, she snuck in. So, lacking legal right to be there, that's the end of it. Case closed. Her death was justified in the eyes of the law.
   It is right that we allow a person to protect themselves and their families, even if it means taking the life of another person. It is wonderful to live in a country that allows us to defend ourselves in such a way. But, we were allowed to protect ourselves this way well before the Castle Law came about.
   Designing men? Did they craft our Castle Law? I certainly wonder at what they were aiming to achieve.
   I called the other day to ask for a police report on what happened in the Makayla Yeaman case. I was told the investigation was still being conducted and, therefore, no information was available. So, it appears there is, indeed, an investigation still going on. Now, while I think that if our laws were written honorably, they would call for an investigation into every such killing, the way they are written leaves no reason to investigate these killings that happen in home invasions.
   Why investigate? By law, the homeowner is always right and justified and the invader is always worthy of death. Murder has no better friend than the Castle Law.

(Note: Blog tweaked 6/17/18)

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