This topic is all too close to home for me... the family of the murdered man in S. London are holding his memorial service today - he's the chap who went to investigate sounds downstairs in his house in the middle of the night, found a man burgling the place, confronted him and was stabbed by the intruder who grabbed a kitchen knife.
It is understood that the murderer had a drug habit to feed... As he wasn't carrying the weapon, it is also understood that he will end up on a charge of manslaughter, not murder,as the defence team will bring in a defence of the intruder acting reasonably to defend himself...
The dead man was an ordinary, everyday bloke. Happily married, two small girls, nice job, nice home, paid his taxes etc etc. No record, not violent.
But because he went downstairs to investigate noises in the middle of the night in his own house, he ended up dead and his murderer will get off with manslaughter and a relatively pathetic sentence.
Sorry but I don't think this IS justice. I'm completely against capital punishment and I don't advocate prison lightly but it is quite easy to see where the grey areas are in this particular matter.
It's all very well but there you are, minding your own business in your own home, away in the land of Nod. Someone - for whatever reason - decides your home is going to be his/her target for ripping off your possessions. They break in, you investigate/retaliate and the intruder comes off worst. What happens next? As far as I can make out, YOU are then entwined in the due legal process. Even it you did use reasonable force, you still have to spend hours - no, days - justifying your actions. You have the stress hanging over you, there has to be expense involved, no doubt your insurance will be on hold or at worst invalidated during the legal process - and if you have a reasonable income, presumably no Legal Aid for you.
Reasonable force should indeed cover cases such as the above but unfortunately, it doesn't seem to and, while I don't condone any blanket 'licence to Murder' (which is too emotive a summing up in itself, James), it does seem that there is a growing need to ensure that truly innocent victims are protected from ending up as not only victims of burglary (or worse) but also from being victims of an unfair legal system.