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gejohnston

(17,502 posts)
55. they are more just changes
Fri Jun 15, 2012, 12:14 AM
Jun 2012

because the burden of proof is on the State, where it belongs.

When you change a law, you are either making it more strict or you are making it less strict. It's one or the other. SYG laws are a LOOSENING of strictures. Across the board, they take laws that require DTR or other alternatives to opening fire to be enacted first, and then scrub those out and instead say "go ahead and shoot first"
If I have a right to be someplace, why should anyone give way to some sociopath? What is the definition of reasonable? To some here any self defense or resistance is unreasonable. DTR also puts the burden of proof on the defendant. As for your "go ahead and shoot first", Oliver Wendall Holmes said it best:"detached reflection cannot be demanded in the presence of an uplifted knife" in 1921.
"Stand your ground" governs U.S. federal case law in which right of self-defense is asserted against a charge of criminal homicide. The Supreme Court of the United States ruled in Beard v. U.S. (158 U.S. 550 (1895)) that a man who was "on his premises" when he came under attack and "...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground."[2][3]
Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States (256 U.S. 335, 343 (16 May 1921)), a case that upheld the "no duty to retreat" maxim, that "detached reflection cannot be demanded in the presence of an uplifted knife".[4]

http://en.wikipedia.org/wiki/Stand-your-ground_law
Your automatic assumption is that when the justifiable homicide laws are loosened and there's suddenly a sevenfold increase in homicides ruled justified, that all must be right in the world and nothing could possibly be amiss there. And maybe you're right - there doesn't seem to be any specific data for that. I'm simply pointing out that much as when business strictures are loosened, it may just be a situation where inefficiency is entering the system and increasing the cost to the communities.
Your automatic assumption is that people are getting away with murder. The only to actually know is to go though each court transcript and make that determination. What matters is if they were in fact justified. What is the cost to the community if innocent people go to prison because they could not prove their innocence of murder? Business and Wall Street are not the same as use of force.

Of course, if you're measuring success by how many homicides are ruled to be legally justified - which does seem to be what you're doing - you're not exactly casting yourself or your position in the most positive of lights, y'know?
How so? Since you have the burden of proof that you did not commit murder and that you acted reasonably, that makes DTR fundamentally unjust because it requires you to prove your innocence. I count the success by the number of innocent people not in prison.
B-b-b-b-b-butttttt...... PavePusher Jun 2012 #1
I am ready for some real answers. There has to be someone with a real plan! Logical Jun 2012 #3
I'm sure there is. discntnt_irny_srcsm Jun 2012 #73
The Plan? = "Trickle Down Gun Control" DonP Jun 2012 #79
The plan... discntnt_irny_srcsm Jun 2012 #81
Well, to be fair, rrneck Jun 2012 #2
Once these fail....what is the next step. ileus Jun 2012 #4
Yep, the answer is more guns everywhere for everyone.... rfranklin Jun 2012 #5
And where exactly (links) rl6214 Jun 2012 #11
If you can't see the policies that the NRA is fighting for you need to go to summer school... rfranklin Jun 2012 #70
I asked for links you gave us nada rl6214 Jun 2012 #82
Here you go Mr. Nada... rfranklin Jun 2012 #84
Nice try but not even close to rl6214 Jun 2012 #86
Mr. Nada... rfranklin Jun 2012 #88
I asked for someone to post a link with the following words rl6214 Jun 2012 #89
The sum of their actions proves the statement... rfranklin Jun 2012 #90
So they didn't ever really say that - you just naturally extrapolated it on your own. DonP Jun 2012 #91
Hilarious!!!! bongbong Jun 2012 #92
That's two! discntnt_irny_srcsm Jun 2012 #93
Happy to give you some small amount of joy - you obviously need it. DonP Jun 2012 #94
Every post bongbong Jun 2012 #96
So you don't mind that gun control is off the political radar, that's great ... and very big of you. DonP Jun 2012 #97
WSOW bongbong Jun 2012 #98
Does that "we" include Wayne LaPierre as well? rfranklin Jun 2012 #99
No, but I used to spend a lot of time sitting at a desk in a Ward office in Chicago ... DonP Jun 2012 #100
This message was self-deleted by its author rfranklin Jun 2012 #101
You're dealing with a Colonist- evidence is optional with them: friendly_iconoclast Jun 2012 #105
The "sum" of what "actions"? PavePusher Jun 2012 #95
So your argument is "criminals ignore laws"? Scootaloo Jun 2012 #6
It's "argument" #554 bongbong Jun 2012 #10
Logical DOES NOT LIKE the NRA so rl6214 Jun 2012 #13
Well, that may be, but his argument IS that criminals break the law Scootaloo Jun 2012 #21
The point is that these stupid laws do NOTHING to make people safer! Nothing! Except make people.... Logical Jun 2012 #103
A guy named "Logical" shouldn't froth so much Scootaloo Jun 2012 #104
So having ineffective laws works for you? Not for me! N-t Logical Jun 2012 #107
In my experience... Scootaloo Jun 2012 #108
Ineffective is no gun zones! Read about them! You sound like the one.... Logical Jun 2012 #109
LOL bongbong Jun 2012 #32
Well, technically speaking, the fewer laws, the lower the crime rate, right? Scootaloo Jun 2012 #15
Yes bongbong Jun 2012 #33
I haven't met a religion that WASN'T strange, so I won't just single out the shamans of shootin' Scootaloo Jun 2012 #59
That's because it only exists in your mind rl6214 Jun 2012 #83
LOL bongbong Jun 2012 #85
And another foolish post from the bong section rl6214 Jun 2012 #87
Looks like bongbong's alert on you was not successful: petronius Jun 2012 #102
Dosen't suprise me one bit rl6214 Jun 2012 #106
Dont ask me ask the NRA, they are the ones who want to put a gun in hands,, benld74 Jun 2012 #7
"Your right to drink stops the second someone drives drunk!" TheWraith Jun 2012 #8
I have no moral panic and I was providing my opinion, benld74 Jun 2012 #14
"Your right to financial derivatives stops when you cause the economy to collapse!" DanTex Jun 2012 #18
Probably more than that if you count the SYG by common law states like gejohnston Jun 2012 #9
Fun fact... Scootaloo Jun 2012 #17
I understand that, but gejohnston Jun 2012 #20
yes, yes in fact it does Scootaloo Jun 2012 #28
No, You don't actually understand how the laws work. gejohnston Jun 2012 #34
So then the laws was unnecessary, since it's "just the same"? Scootaloo Jun 2012 #48
they are more just changes gejohnston Jun 2012 #55
Holy shit, you're presenting arguments! Scootaloo Jun 2012 #63
you don't bother to read provided links do you? gejohnston Jun 2012 #74
"BUT your right to own guns stops the second an innocent person gets shot, killed, or worse." Clames Jun 2012 #22
Zimmerman may be standing behind "Stand Your Ground" ... spin Jun 2012 #47
Can you tell me... Scootaloo Jun 2012 #50
You'll probably get an answer... Clames Jun 2012 #57
What do you think Logical means by this, then? Scootaloo Jun 2012 #58
He's advocating for... PavePusher Jun 2012 #61
Freedom of choice? Scootaloo Jun 2012 #64
No, I put it in the message body so I could use the html italics tags for emphasis. PavePusher Jun 2012 #65
I'm not the one pulling "freedom of choice" out of my ass here, chief Scootaloo Jun 2012 #67
How many criminals does one need to enounter before one should be armed? mvccd1000 Jun 2012 #69
One encounter with a violent street criminal is enough to die from. GreenStormCloud Jun 2012 #71
I'm not pulling anything out of my ass. PavePusher Jun 2012 #80
This. Clames Jun 2012 #76
The fact remains that there is still violence in our society ... spin Jun 2012 #75
Naw... If I had nothing to do with the injury/death of the innocent person... PavePusher Jun 2012 #60
Why does MY right to own a weapon for self defense end "the second an innocent person gets shot"? Common Sense Party Jun 2012 #68
You say "Background checks do not prevent criminals from getting guns!" safeinOhio Jun 2012 #12
how well does it work in Canada? gejohnston Jun 2012 #16
DOESN'T COUNT! DOESN'T COUNT! DOESN'T COUNT! Scootaloo Jun 2012 #19
why not? gejohnston Jun 2012 #23
Here, let me show you. Scootaloo Jun 2012 #30
the FBI was not talking about registration gejohnston Jun 2012 #38
I was talking about background checks in that post about safeinOhio Jun 2012 #43
I did? gejohnston Jun 2012 #46
Sorry, I was talking about the original poster. safeinOhio Jun 2012 #52
Fair enough, my mix-up on that Scootaloo Jun 2012 #44
Good idea, lets compare safeinOhio Jun 2012 #24
like I told DanTex gejohnston Jun 2012 #31
Your link is dated 3/5/2000. Bill Clinton was POTUS at that time. spin Jun 2012 #78
I'm sorry, I should have said, safeinOhio Jun 2012 #25
Actually, it works great in Canada. Just look at their homicide rate compared to ours. DanTex Jun 2012 #27
It actually has little to nothing to do with thier homicide rate gejohnston Jun 2012 #29
Of course it does. This is criminology 101. DanTex Jun 2012 #35
you proved my point gejohnston Jun 2012 #41
Could you better explain safeinOhio Jun 2012 #45
I was using these definitions gejohnston Jun 2012 #51
OK lets compare handgun crime safeinOhio Jun 2012 #36
OK compare Thunder Bay with gejohnston Jun 2012 #42
This has been discussed before. safeinOhio Jun 2012 #53
What evidence do you have El Paso has a lot of immigrants? gejohnston Jun 2012 #56
Did their homocide rate drop after they started registration? PavePusher Jun 2012 #62
Registration does absolutely nothing. Clames Jun 2012 #26
WOW bongbong Jun 2012 #37
Once again... Clames Jun 2012 #39
2% denial rate? Logical Jun 2012 #40
I would disagree with you. safeinOhio Jun 2012 #49
"To address issues of increasing VIOLENT CRIME in the country, the NRA called for more prisons, AnotherMcIntosh Jun 2012 #54
Mostly the fact that violent crime is on a steady decrease Scootaloo Jun 2012 #66
It's all they've got. jeepnstein Jun 2012 #72
OK children, guns are bad mKay n/t Spoonman Jun 2012 #77
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