Compare and contrast the police's actions

[draco664]

Homeowner shoots an intruder

Homeowner shoots an intruder

[Rapscallion]

Wow - police operating under different legal systems act differently?

Who'd have thought?

Rapscallion

[bara]

I actually cant fault the UK in their reasoning. So they have them in custody till they know if they should press charges or not. They dont get to hold them very long and at least they cant run away while in custody.

[TheHuckster]

I actually cant fault the UK in their reasoning. So they have them in custody till they know if they should press charges or not. They dont get to hold them very long and at least they cant run away while in custody.

I think the OP is talking about holding the homeowners in custody, too, in the UK article.

On the surface, with the little information each article gives, I don't see any problem with the way both people handled it. If it was very obvious that the homeowner in Kentucky was, in fact, the homeowner and was defending himself with legal arms, then I see no reason to hold him. After all, it's even possible the criminals were stupid enough to admit everything to the police after they were caught.

If police wanted to do due diligence in the UK case and make sure they knew just who was who and got all the facts before making formal charges, then I see no problem with that, either. After all, it's possible the criminals who were caught made a convincing alternate story about the incident and the police want to investigate further to ensure justice is truly served.

I think we need more information about these events before we can really make a judgement on who was right and who was wrong.

[crashhelmet]

The thing that really bugs me about the couple being taken in and held for 2 days is that someone could've gone back to the house and robbed it while no one was there to shoot them.

[Andara Bledin]

I have to wonder why both of the homeowners in the first article are being held when the report states that only one was responsible for the firing of the gun.

In California, and possibly the rest of the US, they have to actually arrest a person within 24 hours of being taken in or they have to let them go. Holding two people for 2 days without any charges is not allowed here, although it still happens sometimes.

^-.-^

[crashhelmet]

I have to wonder why both of the homeowners in the first article are being held when the report states that only one was responsible for the firing of the gun.

In California, and possibly the rest of the US, they have to actually arrest a person within 24 hours of being taken in or they have to let them go. Holding two people for 2 days without any charges is not allowed here, although it still happens sometimes.

^-.-^

When did they change it? It used to be 72 hours. But that's something I didn't think of when i read it. Why both?

[Andara Bledin]

How interesting.

According to direct.gov.uk, you can only be held 24 hours without being charged with a crime. That can be increased to 36 hours by a superintendent at the station. And they can apply to increase it to 96 hours, but it has to be granted by a court.

Considering that the UK case has only one injured intruder, I cannot think that this would be validly considered a "serious crime" worthy of more than the base 24 hours. Regardless, if the report is accurate and the couple was arrested as of the time of the shooting in the "early hours of Sunday" and the report was written on Monday then the "early hours of tomorrow" would have been a full 48 hours in custody, not the 24 or 36 listed on the government's own website.

I can't find the info about California (I had been told this while taking legal classes back in the early '90s), but New York is one state where they only have 24 hours levy charges or release an arrested suspect.

^-.-^

[crashhelmet]

That might be where my confusion is. 24 hours to charge, 72 hours to be arraigned I think?

[s_stabeler]

That's true, but over here, they can keep questioning you after you're charged. ( IIRC, they can keep you for up to two weeks before you can see an actual courtroom, more in a terrorism case)

[Zod]

Third example of 'Home Owner shoots an intruder'

http://www.fratching.com/showthread.php?t=6616

Unfortunately, for whatever reason, the police over here don't always take people at their word.

SOP is to arrest anyone who might be guilty of somthing : take statements, and then work out what to do.

Having got their statements, they're both now free.

http://www.telegraph.co.uk/news/ukne...e-charged.html

[s_stabeler]

Zod, the reason it's SOP to arrest homeowners who shoot intruders is because self-defense is far more limited over here. There is a provision in the law that you can only use reasonable force. It probably explains why they were held for two days, actually-the police needed to figure out exactly what had happened. (best guess is the burglars had a different story as to what happened.)

[draco664]

Wow - police operating under different legal systems act differently?

Who'd have thought?

I didn't see the differences in law as the stark difference. I saw the differences in attitude towards the victims.

Look at the way the cops in Kentucky didn't arrest the guy while they investigated, while the cops in the UK not only arrested both homeowners, they then applied for an extension to their arrest to complete their investigations without having to let them go.

Also:

Guy in Kentucky - called neighbour rather than 911.
Homeowners - called 999 themselves.

[draco664]

Zod, the reason it's SOP to arrest homeowners who shoot intruders is because self-defense is far more limited over here. There is a provision in the law that you can only use reasonable force. It probably explains why they were held for two days, actually-the police needed to figure out exactly what had happened. (best guess is the burglars had a different story as to what happened.)

One guy shot in the hand, another in the arm. And it takes the cops 2 days of questioning to determine that it was reasonable?

Nah, for my money the cops were looking for something to charge them with.

[lordlundar]

So all this thread is is draco declaring that the UK is an oppressive regime compared to the US. Got it.