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George Has Been Having Problems with Someone Burglarizing His Home

Question 20

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George has been having problems with someone burglarizing his home on numerous occasions, especially during Christmas season. The unknown suspects have cost George a considerable amount of money and because he lives in a rural area the burglar alarm system he bought offers no help because the suspects are long gone before law enforcement is able to make the scene. George decides that this Christmas he is going to take matters into his on hands. He creates a spring trap at the front and back doors of his home. The spring action fires a shotgun loaded with buckshot from either location. The only clear access into the home is through the locked garage. George and his family decide to go to the movies. During their absence, the burglars strike again. This time they decide to force entry through the back door. The first suspect is killed instantly, but the other suspect is only wounded. He flees the scene on foot, leaving a blood trail into the wooded area behind George's home. Law enforcement responds because the alarm was tripped when the backdoor was forced open. They circle the house before trying to enter and discover the body of the one suspect still at the scene. They also observe the spring trap left by George. They follow the bloody trail and discover a teenage boy lying in a pool of blood about fifty yards inside the wooded area. He is still alive. The officers call for Care Flight and stay with the boy until the helicopter arrives. What charges will the officers file against the remaining suspect? Will any charges be filed against George? Why or why not? What if George had set the traps to protect his family while he was away on a business trip and the family was home when the suspects attempted to enter the home? What charges would be filed against George, if any? Would George have any defense to prosecution? Would the suspects have any defense to prosecution?

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Self-defense, defense of habit...

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