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EvC Forum Side Orders Coffee House Castle Doctrine

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Author Topic:   Castle Doctrine
Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


Message 46 of 453 (573304)
08-10-2010 7:35 PM
Reply to: Message 42 by jar
08-10-2010 7:09 PM


It is not a property crime, it is an invasion.
That still isn't a crime against the person, is it?
It is not substituting suspicion for proof, the person broke into someones home.
But the laws only allow lethal force if you suspect that they're there to commit a felony.
It is not uniting in one person the office of plaintiff, prosecutor, judge, jury, and executioner ...
What can I say but --- oh yes it is. That's exactly what it is.
And yes, the parents of that kid did feel bad and I'm sure that even the person that shot the boy felt sad, BUT as happened in that case, the only crime committed was breaking into someones house.
No, in that case the only crime committed was walking up someone's driveway and ringing his doorbell. But because Peairs suspected for no reason whatsoever that the kid might be going to commit a felony, he shot him and the law was on his side. Is that a good law?

This message is a reply to:
 Message 42 by jar, posted 08-10-2010 7:09 PM jar has replied

Replies to this message:
 Message 47 by jar, posted 08-10-2010 7:42 PM Dr Adequate has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 47 of 453 (573306)
08-10-2010 7:42 PM
Reply to: Message 46 by Dr Adequate
08-10-2010 7:35 PM


Dr. A writes:
No, in that case the only crime committed was walking up someone's driveway and ringing his doorbell. But because Peairs suspected for no reason whatsoever that the kid might be going to commit a felony, he shot him and the law was on his side. Is that a good law?
I can't say whether the ruling (judgment/verdict) was right or not. The law seems fine to me.
And breaking into someone else house is the crime, regardless of why someone breaks in.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 46 by Dr Adequate, posted 08-10-2010 7:35 PM Dr Adequate has replied

Replies to this message:
 Message 50 by Dr Adequate, posted 08-10-2010 8:19 PM jar has replied

  
Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 48 of 453 (573307)
08-10-2010 7:45 PM
Reply to: Message 45 by Hyroglyphx
08-10-2010 7:26 PM


Well, to a degree you are right. But you also need to think about it in an actual context. Think of it from the homeowners perspective. The homeowner is going to have no clue as to the intentions of the intruder, particularly if they are armed, nor is he going to be provided time to figure it out.
If the intruder is armed their intention is obvious although it could be a police officer. I would also think that it would be important to determine what the actual intentions are before dispatching someone.
citizens have every conceivable right to protect themselves, their family, and their property.
Absolutely. That protection should not employ more than the minimum necessary force.
Edited by Dogmafood, : I used the wrong words

This message is a reply to:
 Message 45 by Hyroglyphx, posted 08-10-2010 7:26 PM Hyroglyphx has replied

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onifre
Member (Idle past 2981 days)
Posts: 4854
From: Dark Side of the Moon
Joined: 02-20-2008


Message 49 of 453 (573317)
08-10-2010 8:15 PM
Reply to: Message 39 by crashfrog
08-10-2010 6:31 PM


Nah, just "see a gun." It works great, especially if you're white and the intruder was of color.
Niceeee, the serious crashfrog has made an edgy joke. Well done, sir.
I don't think people should feel like breaking into someone else's house doesn't put their lives at risk. And I kind of think the physical risks of engaging in crime should be borne by the criminals, not by the victims.
In principle, I agree. But split-second decisions are not the best. Many trained law enforcement people have made the wrong choice and "though" they saw a gun, only to find out they shot, in many cases, an innocent person. In some cases it has even been a kid.
So AE's point about shooting someone before you know whether they have a gun or not, is not a good way to react. And, in many cases, has landed the shooter in jail... where they get intruded, in the butt.
- Oni

This message is a reply to:
 Message 39 by crashfrog, posted 08-10-2010 6:31 PM crashfrog has replied

Replies to this message:
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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(1)
Message 50 of 453 (573318)
08-10-2010 8:19 PM
Reply to: Message 47 by jar
08-10-2010 7:42 PM


And breaking into someone else house is the crime ...
No, walking up a guy's driveway and ringing his doorbell was the crime. And being suspected of criminal intent without a shred of evidence.

This message is a reply to:
 Message 47 by jar, posted 08-10-2010 7:42 PM jar has replied

Replies to this message:
 Message 51 by jar, posted 08-10-2010 8:22 PM Dr Adequate has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 51 of 453 (573320)
08-10-2010 8:22 PM
Reply to: Message 50 by Dr Adequate
08-10-2010 8:19 PM


I have said I don't know the specifics of the case and it could well be a miscarriage of justice as well as poor judgment.
BUT, I still don't see the problem with the Castle doctrine.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 50 by Dr Adequate, posted 08-10-2010 8:19 PM Dr Adequate has replied

Replies to this message:
 Message 52 by Dr Adequate, posted 08-10-2010 8:40 PM jar has seen this message but not replied

  
Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


Message 52 of 453 (573324)
08-10-2010 8:40 PM
Reply to: Message 51 by jar
08-10-2010 8:22 PM


I have said I don't know the specifics of the case and it could well be a miscarriage of justice as well as poor judgment.
BUT, I still don't see the problem with the Castle doctrine.
That it legalizes Peair's actions, amongst other injustices.

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 Message 51 by jar, posted 08-10-2010 8:22 PM jar has seen this message but not replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 53 of 453 (573334)
08-10-2010 9:58 PM
Reply to: Message 49 by onifre
08-10-2010 8:15 PM


I take your point about needless shootings. But, you know, I'm not sure that people who are intruding in someone else's home deserve to be afforded the extreme benefit of the doubt. There's a certain allowance to be made for the possibility of honest (or drunk) mistake, but it's violates the fundamental principle of not expecting the victims to shoulder the burden and risk of criminal decisions to expect a home defender to exercise excessive due diligence.
Of course, people who exercise no diligence at all are just as bad and shouldn't own firearms.

This message is a reply to:
 Message 49 by onifre, posted 08-10-2010 8:15 PM onifre has replied

Replies to this message:
 Message 54 by onifre, posted 08-11-2010 8:28 AM crashfrog has replied
 Message 60 by Dr Jack, posted 08-11-2010 12:12 PM crashfrog has replied

  
onifre
Member (Idle past 2981 days)
Posts: 4854
From: Dark Side of the Moon
Joined: 02-20-2008


Message 54 of 453 (573382)
08-11-2010 8:28 AM
Reply to: Message 53 by crashfrog
08-10-2010 9:58 PM


There's a certain allowance to be made for the possibility of honest (or drunk) mistake, but it's violates the fundamental principle of not expecting the victims to shoulder the burden and risk of criminal decisions to expect a home defender to exercise excessive due diligence.
I get that, and I do believe people should be allowed to protect themselves and their home/family/property. But shoot to kill without evidence of a weapon, I personally don't think I could.
In fact, I'd rather unplug and hand someone my flat screen TV then have to shoot them in the chest and kill them over it. I would still have sympathy for an intruder (having been one once when I was about 17). People fuck up and make mistakes in their lives and they don't deserve to die over it.
- Oni

This message is a reply to:
 Message 53 by crashfrog, posted 08-10-2010 9:58 PM crashfrog has replied

Replies to this message:
 Message 58 by crashfrog, posted 08-11-2010 11:49 AM onifre has replied

  
Hyroglyphx
Inactive Member


Message 55 of 453 (573398)
08-11-2010 9:16 AM
Reply to: Message 40 by Dr Adequate
08-10-2010 6:36 PM


Melodrama
Is there a problem with:
(a) imposing the death penalty for crimes against property
Don't be so melodramatic. It isn't imposing a death sentence, it is protecting oneself, which is more a law of nature than it is an abstract, punitive concept.
(b) substituting suspicion for proof;
There's not a whole lot of leeway. If you are in someone else's home because you broke in, you aren't there as the welcoming committee.
(c) uniting in one person the office of plaintiff, prosecutor, judge, jury, and executioner?
So by your rationale, if someone ran up to with a knife and you defended yourself, you are the judge, jury, and executioner, provided the assailant was killed in the process.
You are turning the victim in to the victimizer, and the victimizer in to the victim. What a back assward concept.... er... ass backward concept.
Edited by Hyroglyphx, : No reason given.

"Reason obeys itself; and ignorance submits to whatever is dictated to it" -- Thomas Paine

This message is a reply to:
 Message 40 by Dr Adequate, posted 08-10-2010 6:36 PM Dr Adequate has replied

Replies to this message:
 Message 226 by Dr Adequate, posted 08-13-2010 4:43 AM Hyroglyphx has replied

  
Hyroglyphx
Inactive Member


Message 56 of 453 (573403)
08-11-2010 9:37 AM
Reply to: Message 48 by Dogmafood
08-10-2010 7:45 PM


If the intruder is armed their intention is obvious although it could be a police officer. I would also think that it would be important to determine what the actual intentions are before dispatching someone.
And how do you suppose to gather the intentions of your assailant? Ask them?
Woman asks, "Are you here to rape me?!"
Intruder replies, "No, of course not" (as he's slipping a condom on)
Something tells me that someone willing to break in to your house might have no compunction with lying to you.

"Reason obeys itself; and ignorance submits to whatever is dictated to it" -- Thomas Paine

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caffeine
Member (Idle past 1054 days)
Posts: 1800
From: Prague, Czech Republic
Joined: 10-22-2008


Message 57 of 453 (573416)
08-11-2010 10:18 AM
Reply to: Message 22 by Jumped Up Chimpanzee
08-10-2010 9:39 AM


Re: The case of Tony Martin
I’m no lawyer and don’t know the exact legislation, but I believe in the UK you are allowed to use sufficient force in self-defence. That could include lethal force, if necessary. (Obviously, it’s down to the authorities and jury in the luxury of their own time to decide what constitutes sufficient force.) I understand you can only do this for personal defence, not for defence of any property. I.E. If you attack someone simply for the fact that they broke into your house or your car, when there was no immediate risk to anyone’s safety, then you can and almost certainly will be prosecuted for that.
English Common Law does allow for the use of force in protecting property as well as persons, or simply in preventing a crime. The concept was codified into statue law in the 1967 Criminal Justice Act:
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."
So if someone tries to steal your TV, or invades your home, your entitled to use a reasonable level of force to stop them. You’re just forbidden from engaging in any punitive violence - only what is necessary to prevent the crime or protect yourself, others around you and your property.

This message is a reply to:
 Message 22 by Jumped Up Chimpanzee, posted 08-10-2010 9:39 AM Jumped Up Chimpanzee has replied

Replies to this message:
 Message 62 by Jumped Up Chimpanzee, posted 08-11-2010 12:23 PM caffeine has replied

  
crashfrog
Member (Idle past 1497 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 58 of 453 (573428)
08-11-2010 11:49 AM
Reply to: Message 54 by onifre
08-11-2010 8:28 AM


But shoot to kill without evidence of a weapon, I personally don't think I could.
I don't know that I could either, and I own no firearms so really I guess I can't.
And, you know, I've had people open my front door and walk into my apartment by mistake. Obviously I didn't immediately leap up and gut them with a sword.
In fact, I'd rather unplug and hand someone my flat screen TV then have to shoot them in the chest and kill them over it.
If I thought that would be the safest, fastest resolution of the situation I would too. If I thought that the safest, fastest resolution of the situation was to attack with a weapon that's what I'd do. Ultimately what we're agreeing on is that the most important tool in personal defense isn't a firearm or training - it's your own ability to arrive at an accurate judgment about the tactical situation you're in. And you can't pre-judge something like that.
People fuck up and make mistakes in their lives and they don't deserve to die over it.
Probably not. But if someone is going to die as a result of their mistake - which often happens when the "mistake" is aggressive, armed criminality directed at others - I would rather it was them. No offense.

This message is a reply to:
 Message 54 by onifre, posted 08-11-2010 8:28 AM onifre has replied

Replies to this message:
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jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 59 of 453 (573430)
08-11-2010 11:55 AM


On using a firearm for defense.
I think I need to point out one thing that is a basic in every self defense class I know of.
The goal, whether it is martial arts, shooting, knife fighting is NOT to kill someone, it is to stop the threat.

Anyone so limited that they can only spell a word one way is severely handicapped!

  
Dr Jack
Member
Posts: 3514
From: Immigrant in the land of Deutsch
Joined: 07-14-2003
Member Rating: 9.2


Message 60 of 453 (573434)
08-11-2010 12:12 PM
Reply to: Message 53 by crashfrog
08-10-2010 9:58 PM


If you're given the special privilege of owning a firearm I think it's not at all unreasonable to also expect you to exercise additional diligence when deciding where you point that firearm before pulling the trigger.

This message is a reply to:
 Message 53 by crashfrog, posted 08-10-2010 9:58 PM crashfrog has replied

Replies to this message:
 Message 61 by crashfrog, posted 08-11-2010 12:18 PM Dr Jack has replied

  
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