

It's no secret Texans like their guns, but the broadness of the law to justifiably shooting someone has some people wondering if it's led to the increase of people feeling the need to use a gun when threatened. If someone were to intrude your home, you have every right to defend yourself without having to worry about being charged criminally. This is where the controversy begins.



Because the law is so broad, the circumstances in which someone could reasonably use deadly force gets a little muddy. Some people are left wondering what type of situations are not considered justifiable and how can you prove shooting someone at home wasn't reasonable?



According to James Farren, Randall County District Attorney, prosecuting someone who was in their own home and resorted to self-defense is almost impossible.



"It makes it almost impossible to prosecute because the jury is going to receive instruction that you're to presume they acted appropriately," Farren said. "How would the state ever overcome that? First we have to prove without beyond a reasonable doubt they committed an offense and number two we have to come under an additional presumption that they acted appropriately."



Farren said the rise in justifiable homicides isn't exactly increasing.



"I don't know that the number of times that someone resorts to deadly force has increased in Texas after the castle doctrine. I think we hear about it more because of the castle doctrine. It has quite a bit of notoriety, and there is a lot of interest in whether or not in fact it is affecting the homicide rates in Texas."



After speaking with many residents, we found most of them felt that with more protection, they felt more comfortable firing a gun at someone in their home because they can't be charged criminally.



"The additional protections provided by the castle doctrine really did broaden the rules quite a bit and especially if you're in your home. The chances of anyone who resorts to force in their own home, being prosecuted for that are very small. If you are away from home or whether you are protecting your own property or protecting yourself, you certainly have more of a defense now than you had before the castle doctrine came into existence."



The law is considerably broad, and doesn't give much leeway to intruders who feel the act was unjustified, which is why some people think a line must be drawn as to what is considered reasonably justified.



Farren said laws like this are constantly being reformed as they go through court cases, however it is hard to tailor the law to every type of situation.



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