shedevil

London, KY

#63 Dec 28, 2012
sister of victim wrote:
It was my brother James Cox...He and Angela,Jesse's wife was having and affair...She said Jesse was mean to her ad she wanted to leave him...I dont think my brother would go there except by force of some kind..He may have not been the best person in the world But he was loved very much..I pray that he did not suffer ad I hope whomever took his life has to beg the way my brother begged for his....
I just find it hard to believe you are his sister.If that was my brother i'd not be online.
Just Wondering

Madisonville, KY

#64 Dec 28, 2012
How old was James? Does anyone know if he ever attended Jesse D. Lay Elementary School? Not trying to be nosey or start any trouble... Just wondering if is the guy I'm thinking of, & went to school with! May God Bless All involved & their Families!
well

Barbourville, KY

#65 Dec 28, 2012
Stunned wrote:
How is this jaynes guy not in jail?? Was it self defense?? Was the cox man armed?? If not something's not right here???
If he wasn't armed and Jaynes was and shot him, that's not self defense. I've wondered why he's not in jail too??
go figure

Barbourville, KY

#66 Dec 28, 2012
Question if my husband and I got into a physical altercation and he was hitting me and I shot him that's self defense right? Or wrong? Because he's not armed... If it were flipped and I was beating him and he a lot stronger than I and he shoots me is that self defense? I'm not sure how this goes. I'm confused here
wise guy

Corbin, KY

#67 Dec 28, 2012
well wrote:
<quoted text>
If he wasn't armed and Jaynes was and shot him, that's not self defense. I've wondered why he's not in jail too??
If he was inside another persons home(without homeowners knowledge or consent) then it doesnt matter if he was armed.
Wicker

Barbourville, KY

#68 Dec 28, 2012
If another man was banging your wife and you caught them then yeah, your gonna get shot!
Boomer

London, KY

#69 Dec 28, 2012
go figure wrote:
Question if my husband and I got into a physical altercation and he was hitting me and I shot him that's self defense right? Or wrong? Because he's not armed... If it were flipped and I was beating him and he a lot stronger than I and he shoots me is that self defense? I'm not sure how this goes. I'm confused here
Yes to your first question. It's called disparity of force. In other words, if a guy is 6'6 260lbs and he's attacking, unarmed, a person much smaller, the small person could shoot the big guy in self defense.
Concerned Citizen

Sheridan, AR

#70 Dec 28, 2012
shedevil wrote:
<quoted text>I just find it hard to believe you are his sister.If that was my brother i'd not be online.
ok lets face it who really knows what happened GOD..I happen to know that Jesse is an upstanding citizen in the community. If you really think about it the questions people should be asking (1) what was that guy doing on the Jaynes' property lurking in the dark shadows of a tree and (2)how did he get up to the Jaynes' residence and (3)what was his intentions? Those are the questions everyone should be concerned about. Jesse is an upstanding citizen of the Barbourville community. If I'm not mistaking the HOTSPOT(owned by Jesse) was the only business that opened his heart and restaurant to the less fortunate children to a Christmas dinner and give out gifts. I'm sure his heart goes out to the victims family as does mine. So let's just keep everyone in our prayers.
Legally

Montgomery, PA

#71 Dec 28, 2012
go figure wrote:
Question if my husband and I got into a physical altercation and he was hitting me and I shot him that's self defense right? Or wrong? Because he's not armed... If it were flipped and I was beating him and he a lot stronger than I and he shoots me is that self defense? I'm not sure how this goes. I'm confused here
if you shoot an unarmed man it's against the law it doesn't matter the circumstances
Legally

Montgomery, PA

#72 Dec 28, 2012
Boomer wrote:
<quoted text>
Yes to your first question. It's called disparity of force. In other words, if a guy is 6'6 260lbs and he's attacking, unarmed, a person much smaller, the small person could shoot the big guy in self defense.
absolutely not true! I'm not trying to be a smart elic but people are le to believe this and it's not so!
lmao

Corbin, KY

#73 Dec 28, 2012
Legally wrote:
<quoted text>if you shoot an unarmed man it's against the law it doesn't matter the circumstances
WRONG !!!! Circumstances mean everything. If I come home and someone is in my house, that I didnt give permission to be in my home, then I can use whatver force I want. Stand your ground law, heard of it ??
Legally

Montgomery, PA

#74 Dec 28, 2012
lmao wrote:
<quoted text>WRONG !!!! Circumstances mean everything. If I come home and someone is in my house, that I didnt give permission to be in my home, then I can use whatver force I want. Stand your ground law, heard of it ??
yes I've heard of it and yes in ky if their in your home you can! But if your jut in a general area and get attacked by an unarmed man and use lethal force then it's against the law! I know this to be a fact! No the circumstances don't matter I just had a judge look me right in the face and tell me...my preliminary trial is coming up and yes I shot an unarmed man who was bigger then me and beat me and did more id rather not discuss...his intent was to kill me and he also plead guilty to the assault the judge didn't care I used lethal force against a man who wasn't armed is all he cared about! Yes it's not fair and no one would believe it but it's the law I promise you that!
Legally

Montgomery, PA

#75 Dec 28, 2012
The circumstances will help at trial but to be charged and to break the law they do not!
hmmm

Corbin, KY

#76 Dec 28, 2012
Legally wrote:
The circumstances will help at trial but to be charged and to break the law they do not!
W are discusg 2 completley different circumstances, from what u have explained, in this case the man shot was an intruder and no charges have been filed and probably never will be. Dead people cant speak on their behalf unfortunalty. Sincerely wish you the Best of luck with your case though :)
hmmm

Corbin, KY

#77 Dec 28, 2012
Sorry for the typos, keyboard is starting to stick.

Since: Jan 12

Lexington, KY

#78 Dec 28, 2012
People talk about laws about deadly force to protect your home and property they need to look up this one law called the CASTLE LAW
CASTLE LAW

Somerset, KY

#79 Dec 28, 2012
Castle doctrine

From Wikipedia, the free encyclopedia

(Redirected from Castle Doctrine)

Jump to: navigation, search

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances use force, up to and including deadly force, to defend against an intruder without becoming liable to prosecution.[1] Typically deadly force is considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to himself or another".[1] The doctrine is not a defined law that can be invoked, but a set of principles which is incorporated in some form in the law of most states.

The term derives from the historic English common law dictum that "an Englishman's home is his castle". This concept was established as English law by 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628.[2] The dictum was carried by colonists to the New World, who later removed "English" from the phrase, making it "a man's home is his castle", which thereby became simply the Castle Doctrine.[2] The term has been used in England to imply a person's absolute right to exclude anyone from their home, although this has always had restrictions, and since the late twentieth century bailiffs have also had increasing powers of entry.[3]

The term "Make My Day Law" arose at the time of the 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home.[4] The law's nickname is a reference to the line "Go ahead, make my day" uttered by actor Clint Eastwood's character Harry Callahan in the 1983 film Sudden Impact.
CASTLE LAW

Somerset, KY

#80 Dec 28, 2012
Conditions of use

Each state differs in the way it incorporates the castle doctrine into its laws, what premises are covered (abode only, or other places too), what degree of retreat or non-deadly resistance is required before deadly force can be used, etc.

Typical conditions that apply to some Castle Doctrine laws include[citation needed]:
An intruder must be making (or have made) an attempt to unlawfully or forcibly enter an occupied residence, business or vehicle.
The intruder must be acting unlawfully—for example, the Castle Doctrine does not give the right to use force against officers of the law acting in the course of their legal duties.
The occupant(s) of the home must reasonably believe the intruder intends to inflict serious bodily harm or death upon an occupant of the home. Some states apply the Castle Doctrine if the occupant(s) of the home reasonably believe the intruder intends to commit a lesser felony such as arson or burglary.
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force.

In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law or aiding or abetting another person in being a fugitive from the law, and must not use force upon an officer of the law performing a legal duty[citation needed].

[edit] Immunity from civil lawsuit

In addition to providing a valid defense in criminal law, many laws implementing the Castle Doctrine, particularly those with a "Stand-Your-Ground clause", also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages or injury resulting from the lawful use of non-excessive force. Without this clause an assailant can sue for medical bills, property damage, disability, and pain and suffering as a result of the injuries inflicted by the defender, or their next-of-kin may sue for wrongful death in the case of a fatality. Even if successfully rebutted, the defendant (the homeowner defender) may have to pay high legal costs as a result of such lawsuits; without immunity, such civil action could be used for revenge against a defender acting lawfully.

Use of force in self-defense which causes damage or injuries to other parties who were not acting criminally may give rise to prosecution and damages.
Legally

Montgomery, PA

#81 Dec 28, 2012
hmmm wrote:
<quoted text>W are discusg 2 completley different circumstances, from what u have explained, in this case the man shot was an intruder and no charges have been filed and probably never will be. Dead people cant speak on their behalf unfortunalty. Sincerely wish you the Best of luck with your case though :)
yeah your right! Thanks! I hope everything turns out justifiably in this case to!
CASTLE LAW

Somerset, KY

#82 Dec 28, 2012
Duty-to-retreat

"Castle laws" remove the duty to retreat before using deadly force when you are in your home or in some states just simply where you can legally be.[5]

[edit] Stand-your-ground

Main article: Stand-your-ground law

In some states in the United States, one can use deadly force in any location one is legally allowed to be without first attempting to retreat. Such laws remove the requirement that the threat must occur on one's own property.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Barbourville Discussions

Title Updated Last By Comments
Bible study rules for public schools proposed (Feb '10) 22 min Wrong again Sparky 131,549
3 sum 43 min Funtime 1
John w bays 2 hr lol 2
Barbourville utilities 3 hr crazt 7
Barbourville High School 5 hr citizen 2
how can a murderer walk the streets!!!! 7 hr BSFan 15
'Harlan's Got Talent' coming next year 7 hr FriedTaters 6
How to make homemade ice melt for steps, sidewa... (Jan '13) Fri Anonymous 48
Barbourville Dating
Find my Match

Barbourville People Search

Addresses and phone numbers for FREE

Barbourville News, Events & Info

Click for news, events and info in Barbourville

Personal Finance

Mortgages [ See current mortgage rates ]

NFL Latest News

Updated 11:22 pm PST

Bleacher Report11:22PM
Titans' Week 12 Preview vs. Eagles
Bleacher Report 4:00 AM
Complete Bengals Week 12 Preview vs. Texans
Bleacher Report 6:00 AM
Week 12 Fantasy Rankings for Sunday's Action
NFL 6:04 AM
Marvin Lewis: Bengals hit 'rock bottom' in Week 10
NBC Sports 7:25 AM
Marvin Lewis: Sometimes you have to hit rock bottom before you go to the top