Gun Control & RKBA

fightthegoodfightnow

(7,042 posts)

48. Two Defenses When One Would Do

Reply to ProgressiveProfessor (Reply #47)

Thu Nov 8, 2012, 10:18 PM

Nov 2012

It's simple.

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Judge denies 'stand your ground' motion in retired OPD officer's shooting of son [View all] SecularMotion Nov 2012 OP

Sounds like the law is working, trial forthcoming.nt Eleanors38 Nov 2012 #1

Sounds like the judge is working. Starboard Tack Nov 2012 #5

That doesn't even make any sense glacierbay Nov 2012 #6

Which demonstrates my point. Starboard Tack Nov 2012 #10

It surely didn't confuse the judge glacierbay Nov 2012 #11

Exactly! Judge made a good call. Starboard Tack Nov 2012 #16

Wow! Are you against all motions by defense or just any using SYG? aikoaiko Nov 2012 #7

No, I would have made the same motion. Starboard Tack Nov 2012 #12

Why does it need rewriting? ProgressiveProfessor Nov 2012 #20

Quite simple. No DTR. Starboard Tack Nov 2012 #22

the burden of proof should always be on the Crown/State you prove that a crime was committed by gejohnston Nov 2012 #23

Absolutely. And it is. Starboard Tack Nov 2012 #26

no, because gejohnston Nov 2012 #31

Only when there is evidence to the contrary. Starboard Tack Nov 2012 #39

unless there is political pressure gejohnston Nov 2012 #42

DTR would be a repeal, not a rewrite ProgressiveProfessor Nov 2012 #24

I agree with the Illinois law Starboard Tack Nov 2012 #30

it still involves having to prove your innocence. gejohnston Nov 2012 #37

As is any affirmative defense ProgressiveProfessor Nov 2012 #46

how is the law not working? gejohnston Nov 2012 #8

How does that example relate to anything? Starboard Tack Nov 2012 #13

my point was gejohnston Nov 2012 #14

You know what my problem with the law is. Starboard Tack Nov 2012 #17

that is not actually true either gejohnston Nov 2012 #18

Illinois Law is not the same. There is a duty to retreat outside the home. Starboard Tack Nov 2012 #19

that is castle doctrine, there is a difference gejohnston Nov 2012 #21

Look at it again. Starboard Tack Nov 2012 #25

that would involve having to prove yourself innocent of a crime gejohnston Nov 2012 #29

Wrong! The onus is always on the prosecution. Starboard Tack Nov 2012 #34

So at least it is clear you do not support Castle Doctrine either ProgressiveProfessor Nov 2012 #40

Even under DTR, shouldn't the burden be on the state to prove that you failed to retreat? petronius Nov 2012 #41

Actually any claim of SD is effectively an affirmative defense ProgressiveProfessor Nov 2012 #44

Perhaps I'm mistaken, but I thought that to succeed with a claim of self-defense, the shooter petronius Nov 2012 #49

You are quite correct, they are separate issues before the court ProgressiveProfessor Nov 2012 #50

The poster has a long history of conflating the two and calling it SYG ProgressiveProfessor Nov 2012 #38

Not these lies again ProgressiveProfessor Nov 2012 #28

You want to travel the ugly path of personal insults? Starboard Tack Nov 2012 #32

Sometimes the facts are ugly. Your continued posting of clear misinformation needs countered ProgressiveProfessor Nov 2012 #35

Wow! n/t TPaine7 Nov 2012 #9

The accused try to "hide" behind any law they think will work in their favor. Eleanors38 Nov 2012 #52

Very true. Meanwhile, we'll await the next guinea pig. Starboard Tack Nov 2012 #53

Isn't this why we have a justice and court system? Remmah2 Nov 2012 #2

Video is inconclusive sarisataka Nov 2012 #3

The system seems to be working the way it is supposed to. ManiacJoe Nov 2012 #4

Sounds like SYG is working. ileus Nov 2012 #15

Sounds Like Stand Your Ground Laws are Used to Defend Themselves Against Criminal Charges fightthegoodfightnow Nov 2012 #27

Its called an affirmative defense ProgressiveProfessor Nov 2012 #33

Unnecessary fightthegoodfightnow Nov 2012 #36

Absolutely Necessary ProgressiveProfessor Nov 2012 #43

Clarified Nothing fightthegoodfightnow Nov 2012 #45

Actually it did, often codifying what was precedent in many states ProgressiveProfessor Nov 2012 #47

Two Defenses When One Would Do fightthegoodfightnow Nov 2012 #48

If it was that simple, there would not have been the need for CD nor the whining over SYG ProgressiveProfessor Nov 2012 #51