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sir pball

(5,341 posts)
39. DTR and "reasonable" are generally unrelated.
Sat Jul 6, 2013, 10:28 PM
Jul 2013

New York has Duty To Retreat and their standard for lethal force is still "reasonable man*". SYG isn't actually a particularly new concept; when I got my first CCW in CT in 2001 the classroom instruction covered this - even then, quite a few states didn't codify DTR, and it was generally assumed that if you resorted to lethal force, the "reasonable man*" test already covered it. In other words - shoot if you have to, it's sensible and reasonable. Hell, California has had Castle Doctrine and SYG for forever. PA has SYG in 2003 when I got my permit there.

The problem (as I understand, I haven't taken a class nor studied the law) with Florida particularly is that their self-defense laws say that if the situation prima facie is legal SD, law enforcement is barred from investigating. THAT is stupid and reckless to the nth degree...any "good shoot" should be investigated thoroughly. If I ever had to take a life in defense, be it with a gun, a knife, or my hands, I would both expect and be willing to have a grand jury review my actions.

* - "Reasonable Man Standard" is a very old, established legal construct.

Immediate edit - I realized as I was hitting "post" that there are a LOT of fuckfaces out there who don't think like me, who don't regard force as a last resort. A lot of dickfaces go out looking for fights looking to shoot (like I think Zimmy was), and that should probably be codified in the law. Not like FL, or even PA, which say respectively "You can start a fight but if you reasonably feel in danger of your life you can kill" and "You can start a fight as long as you don't intend on using lethal force" - there should be strong legal language to the effect of "If you carry, you better damned well do your best to avoid ANY fight". God knows, I've let people cut me in line, apologized for bumping into them, even moved my car once, because I was carrying and de-escalating is always foremost in my mind when I am.

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There's another thread today where the exact opposite is said to be justification, and vehemently. maxsolomon Jul 2013 #1
By Florida law you can... dkf Jul 2013 #2
That's what this whole thing is about, the horrible law that makes murder legal. Kablooie Jul 2013 #5
That's not true cthulu2016 Jul 2013 #9
subjective meaning. it is a horrible law. if you don't admit that Pretzel_Warrior Jul 2013 #11
Learning some law would help you here cthulu2016 Jul 2013 #15
"Reasonable" seems to have different values base on the races involved and court's locality. Kablooie Jul 2013 #24
Zimmerman should also have heeded your advice also LanternWaste Jul 2013 #27
If it's a "horrible" law, so is every single other state's law. They *all* say "reasonable". sir pball Jul 2013 #21
I concede "horrible" was a poor choice of adjective. Kablooie Jul 2013 #28
It does, but I don't think there's a better answer unless sir pball Jul 2013 #37
The traditional definition of civilian self-defense has a "duty to retreat" component. Kablooie Jul 2013 #38
DTR and "reasonable" are generally unrelated. sir pball Jul 2013 #39
Reasonable Just Saying Jul 2013 #30
This is likely what Trayvon was doing. Just Saying Jul 2013 #6
Since the "reasonable belief" that you were in danger of death or great bodily harm is really no_hypocrisy Jul 2013 #7
if no one is around… you don't even have to "start losing". If it's just 2 people you can initiate a KittyWampus Jul 2013 #18
This is where it is hard to believe Zimmerman had a reasonable belief of him imminent death treestar Jul 2013 #22
Horrible law. Lizzie Poppet Jul 2013 #41
Actually you can. Go read the Florida statutes on self defense. nt hack89 Jul 2013 #3
"You cannot initiate the confrontation, start getting your ass kicked, and then decide to shoot.." etherealtruth Jul 2013 #4
Making up laws as you imagine them is a rather silly hobby cthulu2016 Jul 2013 #8
May I assume your belief is that the law was designed to apply to a situation such as this? etherealtruth Jul 2013 #14
Ahhh....some one is grumpy! Nap time for you! Here is picture for you.... Logical Jul 2013 #31
Post removed Post removed Jul 2013 #10
Based on that post, you seem to be on precisely Zimmerman's moral level cthulu2016 Jul 2013 #12
no. I don't carry a loaded weapon and walk around looking for trouble Pretzel_Warrior Jul 2013 #13
FWIW, I see that hidden post as predicting the future, not hoping for someone to die. uppityperson Jul 2013 #19
That was a silly hide treestar Jul 2013 #25
So you are advocating for the murder of another human being. You are a real class act. n/t Lurks Often Jul 2013 #16
Whoops, premium Jul 2013 #20
So, are you advocating for the murder of Zimmerman? premium Jul 2013 #17
He initiated the confrontation by stalking him. Warren Stupidity Jul 2013 #23
Zimmerman's story does not hold up Gothmog Jul 2013 #26
There is certainly reasonable doubt as to whether Zimmerman initiated the confrontation. Vattel Jul 2013 #29
Yes, only because no one saw him do it. n-t Logical Jul 2013 #32
Okay, but the keep in mind that the prosecution Vattel Jul 2013 #33
I 100% agree with you. It just sucks there was not a witness. n-t Logical Jul 2013 #35
I agree with the OP. HooptieWagon Jul 2013 #34
stated as such, sure you can. it all depends on the facts unblock Jul 2013 #36
It depends on what you mean by "initiate" NickB79 Jul 2013 #40
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