BamaD
Posts: 20687
Joined: 2/27/2005 Status: offline
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quote:
ORIGINAL: joether quote:
ORIGINAL: BamaD quote:
ORIGINAL: joether quote:
ORIGINAL: TheHeretic quote:
ORIGINAL: BamaD My point is that this would still lead to manslaughter charges. The person who inspired this thread insisted that there would, and should be no legal reproductions. Even the cleanest and most justifiable use of deadly force in self-defense gets a legal review, and that is exactly as it should be. That can include charges being filed, and a trial before the jury. Or it could be an investigator looking at the evidence, and saying, "nice shooting, ma'am. Will your grandkids be picking you up to spend the rest of the night at their house?" But that's just it, Heretic, even the "...cleanest and most justifiable use of deadly force..." is not reviewed often to see if the matter was 'self defense' or not. Its rare to find a court case in which the self defense argument is used, and it was clean and justified. Much more often than not, facts are not present, people say conflicting things, and the scene of the crime is just a jumble of problems. The Zimmerman case is one good example of this. We have a thread on this here forum all about it. And that 'un-moderated' thread only got started because any number of us started over a dozen different threads and the Moderators got tired of policing each one. Political agendas aside, Heretic, that case was not one of 'clean and justifiable'. But serves as an example of the sort of cases in many courts across the nation that are not as well publicized, but equally hard to determine fault. We all have different views on self defense, but I believe we can come to some agreement on common viewpoints, right? We have a couple of people who insist that if you aren't injured and can't prove they shot first it isn't self defense. I think that reasonable people can agree that that is too strict an interpretation. I think we can also agree that you can't shoot someone because of a general feeling that they could be a threat. I agree one should not be allowed to shot and/or injure someone else (be it with arm/leg/foot/hand/head or other object in melee combat), by feeling threaten by another person. There has to be a defining point when 'threat' becomes 'violent'. How does a society establish that 'moment' of time between 'self defense' and 'acting out in a criminal fashion'? Since that would allow for general warfare at any political event. The OWS crowd stumbling into the Tea Party Rally would end in a blood bath that makes the Boston Massacre look timid in comparison. Which in my view is the fallacy with the 'Stand Your Ground' laws in existence. Opens a door that allows this behavior to erupt; were as a more restricted view helps a self defense argument in a court case. Rather than vague and widely open to interpretation on 'self defense', the rules of self defense are pretty well established. Hence, my original post on this thread seeking clarification and definition. The US Military has 'rules of engagement' that are pretty well defined. Its set up to cover problem situations that in the past posed problems for the military and/or the nation (and we learned from those past mistakes). I may or may not be disagreeing with you in one thing, BamaD.....I *DONT* want the National Rifle Association (NRA) nor the Brady Against Gun Violence, to be defining self defense for the nation. Such laws and definitions would need to be agreed upon by the majority of Americans, not just the special interest groups. Through laws and or a specific additional amendment. In the 80's a group of left-wing groups held a death to the klan march in NC. They didn't understand that the klan wouldn't take this as a figure of speech, and they didn't believe in guns. They went prepared for a fight, with baseball bats and 2 by 4s. Two lessons 1 Know the enemy 2 Don't go to gun fight with a baseball fact. Many people see SYG as a blank check to shoot people. It is not, it just says you don't have to prove that you tried to run away. Other than that the standard rules of self defense apply. When people have tried to use SYG as an excuse to shoot someone who was annoying or vaguely threatening they have consistently ended up in jail.
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Government ranges from a necessary evil to an intolerable one. Thomas Paine People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.
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