Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Are SYG laws weapon agnostic? [View all]Major Nikon
(36,925 posts)97. Did you not read what the attorney wrote?
Or are you just being willfully illiterate?
The "Stand Your Ground" Law introduced two (2) conclusive presumptions that favor a criminal defendant who is making a self-defense claim:
The presumption that the defendant had a reasonable fear that deadly force was necessary; and
The presumption that the intruder intended to commit an unlawful act involving force or violence.
The presumption that the defendant had a reasonable fear that deadly force was necessary; and
The presumption that the intruder intended to commit an unlawful act involving force or violence.
The difference is there was no burden of proof on Z to show that he had a reasonable fear that deadly force was necessary. Since Z killed the only witness, that presumption worked decidedly in his favor which is why the bullshit claim managed to become airworthy.
The corner you painted yourself into with your appeal to authority is that when a competent authority contradicts you, you don't get to have it both ways and still claim you're right.
For further reading:
http://en.wikipedia.org/wiki/Petard#.22Hoist_with_his_own_petard.22
Now please do proceed with the rest of your right wing speaking points, but don't expect me to read them as this has been covered quite extensively already and seems quite banal at this point. There's a good reason why I don't venture into the gungeon.
Cheers!
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
107 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Often misunderstood, as you demonstrated just now. Allow me to clarify it some for you.
Electric Monk
Feb 2014
#18
If you really want to see cognitive dissonance, show them the california jury instructions..
X_Digger
Feb 2014
#39
Never mind the actual criminal defense attorneys at DU who said it was straight self-defense.
X_Digger
Feb 2014
#42
Did you mis-read my statement? We have a few criminal defense attorneys who post here.
X_Digger
Feb 2014
#50
You know where I don't seek legal advice? From reporters / bloggers / talking heads.
X_Digger
Feb 2014
#55
I spoke to quite a few. I have family in the business, as well as friends and friends-of-friends.
X_Digger
Feb 2014
#57
So do you think california's jury instructions make similar cases there "SYG"?
X_Digger
Feb 2014
#81
Have anything actually substantive to contribute, or are you just going to snark in passing?
X_Digger
Feb 2014
#82
As I expected. Snark without substance. *sigh* I had such high hopes this time. n/t
X_Digger
Feb 2014
#100
Once again, the revelation of inconvenient truths has caused the ill-prepared to flee
friendly_iconoclast
Feb 2014
#106
He got off because the SYG law changed the definition of self-defense in Florida.
Hoyt
Feb 2014
#102
Maybe I missed it, but I read the FL SYG statute and it does not seem to say that deadly
AlinPA
Feb 2014
#20
Under florida's law you can start a fight and then kill your opponent if you are getting your ass
Warren Stupidity
Feb 2014
#22
nontheless, you can start a fight and then legally kill the person you attacked.
Warren Stupidity
Feb 2014
#31
yes. Some people (here included) conflate syg laws with rkba - but they are separate.
Warren Stupidity
Feb 2014
#13
I can't legally carry a sword, folding baton, etc. But any yahoo can get a gun toting permit.
Hoyt
Feb 2014
#44
Only a nutjob would openly carry a sword in public..... claiming it was for "self defense".
rdharma
Feb 2014
#84
That's the way I feel about gunz. People claim self-defense, but it's usually something else
Hoyt
Feb 2014
#91
Teabaggers would love that option, the whole world is a violent riot in their eyes. Too much TV! n/t
freshwest
Feb 2014
#75
Oh, darned! I thought I could get me some luv from serious gun enthusiasts.......
rdharma
Feb 2014
#96