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Hank owns a farm in a rural county. He has many valuable family items in the farmhouse but has been plagued by a series of
Hank owns a farm in a rural county. He has many valuable family items in the farmhouse but has been plagued by a series of burglaries. Of necessity he is often out in his fields and local thieves take the opportunity to force open his doors and steal valuable items. The police have been no help. Finally, a frustrated Hank rigs up "trap guns" (shotguns) trained on the front door and back door. If anyone opens the door improperly the guns will go off. Jethro, a local thief, decides to burgle Hans home while Hank is away. Jethro goes to the back door and forces it with a screwdriver and hammer. As he enters the gun goes off killing him. Hank is charged with Manslaughter in the death of Jethro. Under modern will he be found "guilty" or "not guilty" and why or why not? Hank will be Found Not Guilty - He had experienced a pattern of crime and had a right to defend his property. Hank will be Found Not Guilty - Thieves must "take their chances" when they burgle a home and they "deserve what they get." Hank will be Found Guilty - A "trap gun" is a deadly device that can kill. Nobody else is present. There is no right to use deadly force in defense of "mere" property. Hank will be Found Guilty - Trap guns such as this are perfectly legal but Hank should have posted a "Warning - This Property Protected by Trap Gun" notice to Jethro a fair warning
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