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Old February 7, 2009, 12:20 PM   #63
jg0001
Senior Member
 
Join Date: October 24, 2007
Posts: 551
There seems to be a general assumption here that if you are tried that you are required to provide witness against yourself. Let's not forget the 5th Amendment. Any good defense lawyer will grill and test his own client before ever letting them take the stand to provide an opening to a prosecutor. Unless you were grossly negligent in some manner, I'd have to imagine that popular opinion would also be greatly in your favor. That may not carry "official" legal weight, but don't think it doesn't help you with a jury.

As for what would I do? Assuming we're talking about a HOME INVASION (since NJ is anti-carry), well, unlike so many here that think they'll be recalling the LAWS during such a crisis period, I think I would be more focused on the safety of my family, laws be damned. For me, it would depend greatly on what the perp did, if they were armed or not, and/or if I felt they would be the type I'd worry about for the rest of my life every time I left the house with my wife & kid by themselves. I'd very much like to see the person either (a) taken away be the police or (b) dead if need be. Again, this is under the assumption the person went to the trouble to break into my house (not just on my property, but IN my house). I don't trust that the police would find someone that escaped. Injured perhaps, but not someone that just ran. Somehow I would feel that it was my CIVIC DUTY to ensure that the person was unable to go off to the next house and try again. Wouldn't you feel guilty if you let someone run off who you COULD have detained, only to learn that they later killed or raped or injured one of your neighbors, OR, god forbid, came back and did the same to one of your own family members when you weren't around? (I'll repeat again that I'm talking about a home invasion situation, not a mugging, not someone just in your yard.)

NJ is an anti-CCL state. That doesn't keep the criminals from carrying. I'd hate to chase someone off only to have to look over my shoulder anytime I ever went outside in the dark again. I'd also be incredibly worried anytime I left my wife & kid alone in the house thereafter. Threat reduction should include concerns about FUTURE possible encounters, affecting my family or someone else's.
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