@Irishk,
Irishk wrote:David...does the Castle Doctrine include baseball bats?
It does. It contemplates the use of violence in defense of the victim, regardless of lethal effect upon the predator,
and it repeals any (liberal) legal duty to
retreat.
The philosophy is that when a citizen becomes the victim of predatory violence,
that is
BAD ENUF already, and government shoud not make it even worse
by threatening the victim nor plaguing him with tortious nor criminal litigation,
costing the victim
more for his lawyer's fees that the criminal woud have stolen.
Irishk wrote:Mr.Irish probably would have given that intruder a concussion...
we could still be sued in most states.
Yes. Meritless litigation abounds. If u
DON 'T give him any concussion,
nor even threaten to do so, he can still sue u anyway,
telling any number of lies against u. Not all criminals are honest.
A concussion, of itself without more, is
not necessarily a horrible effect.
If Mr. Irish or u merely shake your fist at him,
in the law of torts that is an assault,
whose definition at common law was putting a man
of ordinary bravery in fear of an imminent battery.
To batter him is to hit him. If u swing your fist or your bat at him
and u miss him, that is an assault,
if he saw the gesture or movement.
David