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jtuck004

(15,882 posts)
50. Does the dead person not have a "constitutional right" to life, which you seem
Tue Jul 23, 2013, 06:30 AM
Jul 2013

to think you can remove on just your say-so?

The Fifth Amendment...

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

You seem to be suggesting that your rights are more important than theirs, based only on your testimony or statement. No court or grand jury said that the person's crime, that you, and only you, said they were committing, deserved the death penalty that you, and only you, administered, the need based only on your observation? You say they were trying to take your right to life away - well of course you would say that. Got any bridges for sale?

That one section...

"nor be deprived of life, liberty, or property, without due process of law" - You pulled out your .38 and popped a cap on that person without giving them due process because, well, we are back to you said again, eh?

What due process of law did the person, who is now your victim, have that guaranteed you made any kind of rational, unbiased, unemotional, cold, calculating decision to put a bullet in their head? After you missed with the three others that went various places, because that is the way shootings happen. It's not infrequent that in a real gunfight, not a murder, the intended target doesn't even get hit

Or did you just kill them after you stalked them, because "those assholes always get away, and he must be guilty because he is wearing a hoodie and probably smoked marijuana at some point in his life.

I wouldn't trust you as far as I could throw a feather. A light feather.

If you feel you have a reason to pull your gun and shoot them, in defense of your life, AND ASSUMING YOU DIDN'T PROVOKE THE CONFRONTATION, we have laws that govern self-defense. That's enough for me. I would take advantage of them if I happened to be lucky enough to have mine on me, and had enough time to pull it out and couldn't get out of the situation any other way. Then again, I don't put my gun in my pocket and go hunting for people.

And the state, who speaks for the person that would then be the victim in this case, has the right to question that decision. And I welcome that, because it protects me as well.

And here we go with the court thing - that is called an inquest. It is held by a judge, in front of a jury. They can decide whether criminal charges should be filed and then order your ass hauled into another court and made to defend yourself. Then you can explain how you were "legitimately attacked".

They will file charges based on the evidence, and then you are summoned to another court and must defend yourself. Again. Or, at least, so you say. EVERY shooting, most especially in the event of a death based on only the testimony of a self-serving shooter, should be held up to the light of day and examined thoroughly. So an inquest, for every shooting where some lone individual deprives someone else of their life without due process...sure, I can live with that. And that is a jury.

Should you be immediately arrested, incarcerated? Depends on the facts at the scene. Should an inquest be held, perhaps a grand jury? Without question.

Should you run the risk of criminal charges every time you shoot. Damn right, if you decide, on your own volition, to take away another person's life without due process...as opposed to bullshit laws that try to pre-empt that sort of thing, like saying you can "stand your ground". That gives too much leeway to the ignorant racist, or just plain ignorant, with a gun and perhaps a grudge. Hold an inquest. If criminal charges are brought, you can take your chances on the friends of your defense attorney sitting on the jury. That's the fair way.

On the other subject, it's just ignorant hyperbole to infer that jurors are treated as if they are in jail. Afaik, they don't give pedicures in jail, nor take the prisoners on trips to the museum as happened in the Martin case. The intent is to shield them from outside influence that might cause them to make an unjust decision. Television, friends, people the defense attorney plays golf with, etc are all potential sources of altering that verdict by people who have not seen all the evidence. On the other hand, I suspect Michelangelo's David, or having your toenails cut short and waxed, would not motivate a juror to vote either way. Sequester is not done very much, but if it is done poorly, then that's not justice. For anyone.





Recommendations

0 members have recommended this reply (displayed in chronological order):

Oscar Grant and Rodney King XemaSab Jul 2013 #1
Oscar Grant's killer did time KamaAina Jul 2013 #111
Touche XemaSab Jul 2013 #125
I agree that it's short sighted BainsBane Jul 2013 #2
Absolutely davidpdx Jul 2013 #18
Sounds like a good plan to me. BainsBane Jul 2013 #21
You don't know the Fl Dem Party. HooptieWagon Jul 2013 #28
Maybe so davidpdx Jul 2013 #34
PLUS ONE! Enthusiast Jul 2013 #37
Sorry, DA218 ... Summer Hathaway Jul 2013 #3
Good to know Stevie Wonder isn't part of the real world! Starry Messenger Jul 2013 #53
+1 TheDebbieDee Jul 2013 #82
How many Floridians vote for people like Rick Scott? Gravitycollapse Jul 2013 #4
less than half demwing Jul 2013 #101
Less than half of voters in that election... YoungDemCA Jul 2013 #103
So millions, not a few. Gravitycollapse Jul 2013 #116
you should try being from hfojvt Jul 2013 #5
I'm from Texas. I left and have no desire to go back. I know there are good people in Texas, but liberal_at_heart Jul 2013 #15
I did the same, left Texas much to my family's chagrin...but there are good people there fighting CTyankee Jul 2013 #71
My Wife & I went the OTHER way. bvar22 Jul 2013 #117
what a great post, bvar! CTyankee Jul 2013 #118
Thank You. bvar22 Jul 2013 #119
We drove through Arkansas today. pamela Jul 2013 #127
Boycott an entire state because you don't like a jury verdict is pretty stupid davidn3600 Jul 2013 #6
anytime you kill another human being you should have to prove why it is justified. liberal_at_heart Jul 2013 #8
OK...Let's see... davidn3600 Jul 2013 #10
Oh, give me a break. How is Zimmerman who was stalking Martin and making Martin fear for his life liberal_at_heart Jul 2013 #13
So when I fear for my life... davidn3600 Jul 2013 #16
You are fucking-A right you should have to think about it. Especially if you provoked the jtuck004 Jul 2013 #32
That's not what's being discussed davidn3600 Jul 2013 #43
Does the dead person not have a "constitutional right" to life, which you seem jtuck004 Jul 2013 #50
Well then the next time a woman kills her rapist, she needs to be put on trial too davidn3600 Jul 2013 #52
No use. Igel Jul 2013 #60
Bunch of idiots don't get that you can't make one law for women and one for men. dkf Jul 2013 #70
That would be for the judge and jury at the inquest to decide. n/t jtuck004 Jul 2013 #106
i agree except for one thing . . . i think the state blew the case. eom ellenfl Jul 2013 #113
How long have you been involved in with politics? TM99 Jul 2013 #7
You're making sense. There needs to be something done Cha Jul 2013 #39
Yeah, Alaska sure had to take its lumps Blue_In_AK Jul 2013 #89
Exactly! TM99 Jul 2013 #92
Floridians must learn that they have been bad boys and girls ErikJ Jul 2013 #9
I'm sorry mommy. I promise I won't do it again. n/t L0oniX Jul 2013 #86
If we boycotted every state that had an unjust verdict LittleBlue Jul 2013 #11
Not to mention no place to live... bluedigger Jul 2013 #12
It was the boycott of Arizona that finally made them honor MLK Day holiday. ErikJ Jul 2013 #14
South Carolina has been under boycott BradinSC Jul 2013 #55
you deserve a hug handmade34 Jul 2013 #76
Exactly UncleTomsEvilBrother Jul 2013 #56
Threads like this tend not to end well. Electric Monk Jul 2013 #17
The irony is that Every state has racist bigots. I recall a Harpers article that had a map of the US adirondacker Jul 2013 #19
SPLC has a map too XemaSab Jul 2013 #29
Alas, so much of that map is baloney cali Jul 2013 #41
Look at the temptation. Igel Jul 2013 #62
Excellent point, that I hadn't considered. Thanks. nt adirondacker Jul 2013 #102
Thanks for bringing that to attention. While I can agree that SPLC may "over react" to an individual adirondacker Jul 2013 #97
If I hadn't heard about this pipi_k Jul 2013 #77
Connecticut nil desperandum Jul 2013 #110
Thanks for the verification. There is plenty of creepiness in the Northeast, but also some fine adirondacker Jul 2013 #114
Boycotts work DontTreadOnMe Jul 2013 #20
How is it going to work? BainsBane Jul 2013 #22
Supposedly Stevie Wonder fans will stage a coup de e'tat. HooptieWagon Jul 2013 #24
I don't follow that BainsBane Jul 2013 #25
Poutrage du jour... HooptieWagon Jul 2013 #23
This cordelia Jul 2013 #54
You know what, I love Florida as a place, CC Jul 2013 #26
It's not 'hate'. It's a political protest. HiPointDem Jul 2013 #27
Exactly. I'll spend my vacation dollars in progressive Hawaii. SunSeeker Jul 2013 #30
i think 'hate' is more like when you stalk somebody with a gun & kill them. HiPointDem Jul 2013 #31
It's Not Safe in Florida otohara Jul 2013 #122
I wouldn't worry about a boycott. JoeyT Jul 2013 #33
Those millions who voted Republican brought it on themselves. Spitfire of ATJ Jul 2013 #35
I don't hate Florida. Enthusiast Jul 2013 #36
DarkAngel, none of this people were going to go to FL BainsBane Jul 2013 #38
I still want to see Florida one day. bravenak Jul 2013 #40
Darkangel, I think the problem is Seminole County/Sanford and places like that steve2470 Jul 2013 #42
What about SYG in all the other states in the country? BainsBane Jul 2013 #44
good point, and I don't know how it would work to get a repeal steve2470 Jul 2013 #45
When I asked some questions in another thread BainsBane Jul 2013 #46
people are very angry right now, and I do understand steve2470 Jul 2013 #47
It is reductive of the truth in a discussion of law and policy to pretend it is all the Bluenorthwest Jul 2013 #78
As a Floridian I agree RockaFowler Jul 2013 #48
Right! What's not to love? Divernan Jul 2013 #49
So much of the tourist economy comes from Ghost of Tom Joad Jul 2013 #51
Darkangel, if it's any consolation, I don't believe this boycott, LuvNewcastle Jul 2013 #57
Why does the boycott or cause never match the initial problem madville Jul 2013 #58
It's emotionally satisfying. Igel Jul 2013 #65
Such calls for boycotts are shortsighted. MineralMan Jul 2013 #59
to a point, I agree, but states can and do take steps to try harder and do better. CTyankee Jul 2013 #64
Boycotts can work when they are directed towards MineralMan Jul 2013 #69
If enough people in the state feel the shame of what happened, it CAN have a psychological CTyankee Jul 2013 #75
We have to hold criminal states accountable. ErikJ Jul 2013 #61
"... mistakes of a few." It seems like more that a few Floridians are making bad political ladjf Jul 2013 #63
Thanks to the Zimmerman case, FL is now the symbol. backscatter712 Jul 2013 #66
I love vacationing in FL. Been 6 times. Will again. But get a D gov. and legislature in there. RBInMaine Jul 2013 #67
I blame LeBron...That is still entirely Florida's fault... Blue_Tires Jul 2013 #68
I'm still waiting for the CA boycott over the OJ verdict ksoze Jul 2013 #72
^^^^this^^^^ L0oniX Jul 2013 #87
People don't realize how Florida is really 3 distinctly different places. My suggestion to all is... stevenleser Jul 2013 #73
They won't think about it. Trust me. I'm a Native Texan. kentauros Jul 2013 #74
Ah, Texas! Along with Florida another of the 29 States in which it is legal to discriminate Bluenorthwest Jul 2013 #80
Thankfully, I don't care what you think. kentauros Jul 2013 #81
It's not opinion it is fact, discrimination against LGBT people is legal in Texas. Fully. Bluenorthwest Jul 2013 #88
"You think I somehow OWE Texas my money and presence?" kentauros Jul 2013 #94
Last time I looked Floridians were United States citizens. nt rrneck Jul 2013 #79
kick Puzzledtraveller Jul 2013 #83
Don't blame DUers or outsiders who boycott. Blame your fellow Floridians who choose to be kestrel91316 Jul 2013 #84
The Dem votes from Florida are not wanted? OK. L0oniX Jul 2013 #85
I will still go to visit my family that moved there Florida really doesn't come off any more fucked Arcanetrance Jul 2013 #90
I stand with you on this. William769 Jul 2013 #91
I think these boycott ideas are dumb. bigwillq Jul 2013 #93
As a woman who grew up in MS and LA I appreciate your pain. It's so easy to broad brush. nolabear Jul 2013 #95
The governor and state legislature are not "the mistakes of a few" cthulu2016 Jul 2013 #96
The whole point of a boycott is to put pressure on Florida's businesses. backscatter712 Jul 2013 #98
I don't see... UncleTomsEvilBrother Jul 2013 #105
awww. nt La Lioness Priyanka Jul 2013 #99
I have such mixed feelings, and I definitely appreciate HardTimes99 Jul 2013 #100
How does one even "average out" any state, let alone one of tens of millions of people? YoungDemCA Jul 2013 #104
Your state sucks. Apophis Jul 2013 #107
Nonsense. nt darkangel218 Jul 2013 #108
the only people who can boycott every state where racial injustice is prevalent carolinayellowdog Jul 2013 #109
didn't enjoy it for CA and prop H8, but agreed it was right NuttyFluffers Jul 2013 #112
I was born in Philadelphia, but grew up in Miami from the age of 6. RebelOne Jul 2013 #115
It has to start somewhere. Unfortunately, the "face" and initiation of SYG is FL. nt live love laugh Jul 2013 #120
To borrow a phrase from the RW "It is time for FL to take some 'Personnel Responsibility'" Whey Vincardog Jul 2013 #121
Some people aren't good with ambiguities. aikoaiko Jul 2013 #123
I have to admit, I don't understand all this state loyalty stuff LadyHawkAZ Jul 2013 #124
how would you suggest people express their displeasure with the Doctor_J Jul 2013 #126
I agree with you. Beacool Jul 2013 #128
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