Friday, March 23, 2012

KATKO V. BRINEY case brief

KATKO V. BRINEY
• D sets up spring-gun trap in his boarded up house (not actually a resident of the house) as self defense of property (D has been repeatedly robbed and victimized and wanted to keep people out
• P breaks into the house to rob it and is shot by the spring gun
• D says he did not mean to cause serious harm or death – majority does not buy this – it was a spring gun! Of course it is going to inflict serious bodily harm.
• The spring gun is disproportionate to the right to protect property
• Higher value of human life than property

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