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The provision in Illinois law that permits the use of force in defense of a dwelling is fairly permissive.
Kevin's intitial acts, the heated doorknob on the front door and the torch inside the back door, constituted force likely to cause death or great bodily harm.
1/8 https://twitter.com/mvtopic/status/1342269344357748736
Kevin's intitial acts, the heated doorknob on the front door and the torch inside the back door, constituted force likely to cause death or great bodily harm.
1/8 https://twitter.com/mvtopic/status/1342269344357748736
However, these acts were permissible under Section 7-2(a)(2) because he reasonably believed his acts were necessarily to prevent the commission of a felony in the dwelling, ie. Residential Burglary (Class 1 Felony).
2/8
2/8
After those intitial encounters, Harry and Marv expressed an explicit intent to inflict personal violence on Kevin, making Kevin's subsequent acts permissible under 7-2(a)(1).
3/8
3/8
At this point, Kevin's actions were also permissible under 7-1 because his actions were necessary to prevent death or great bodily harm to himself, or the commission of a forcible felony (Residential Burglary).
4/8
4/8
@mvtopic's objection appears to be that Kevin had opportunities to go to the police and therefore, his belief that his actions were necessary was not a reasonable one.
5/8
5/8
While I'm not willing to go on Lexis to research IL law on Christmas Eve, there is persuasive authority to support the proposition that the law should account for the individual's age in evaluating "reasonableness."
6/8
6/8
In JDB v. North Carolina, SCOTUS held that the Q of whether a reasonable person would feel free to terminate an interrogation should nmbe viewed through the lens of a reasonable *juvenile*.
7/8
7/8
Kevin's belief that he had caused his family to disappear and that he alone was responsible for protecting the home without police assistance should be viewed through the lens of a reasonable 8-year-old, and is therefore reasonable.
Merry Christmas, ya filthy animals.
8/8
Merry Christmas, ya filthy animals.
8/8
