EL PASO -- The recent shooting death of an El Paso man who reportedly was stealing three cinder blocks has focused attention on Texas' rather lenient deadly-force law.

In essence, the law is designed to let juries decide what constitutes justifiable homicide, said Louis Akin, president of the El Paso chapter of the American Civil Liberties Union.

"It doesn't take a whole lot to meet legal tests,' Akin said. "The jury perception is the controlling factor.'

The deadly-force law allows people to protect their property with lethal weapons after dark. It allows deadly force during the daytime to protect life.

"It derives from way back when,' said Bruce Weathers, an El Paso public defender. "In Texas, if a man steals your horse, you shoot him.'

Ambiguities in the law can turn what some might consider justifiable homicide into murder in the eyes of police.

The most recent example happened during daylight hours on Oct. 3, when 18-year-old James Corbett was shot to death while driving away from a mobile home sales lot after reportedly stealing three cinder blocks there.

The lot's owner, Doyal Henderson, was charged with murder.

Strictly speaking, it is legal in Texas to shoot a fleeing thief at night, but police, prosecutors and jurors are encouraged to use common sense.

"If you read the law word for word, you can shoot kids for playing trick or treat on Halloween night,' Akin said.

The law takes into account factors such as the threat to life that a property crime represents; when the crime is committed; the property owner's state of mind; and whether the owner can stop short of killing while retaining his or her possessions and life.

Weathers said the district attorney rarely prosecutes cases involving the deadly-force law unless a violation is flagrant.

During the daytime, it is illegal to use deadly force to prevent the theft of something that is not in someone's physical possession.

But at any hour, Texans who want to protect their property can kill muggers, armed robbers, burglars and anyone trying to commit arson. A mugger is someone who accosts and steals something from a person such as a wallet or watch, and a burglar is an intruder into a home, business or vehicle who intends to commit a felony.

Texans also are allowed to use deadly force at any hour to prevent the escape of someone who has committed those crimes.