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: Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]Major Nikon
(36,925 posts)46. Your attempts at defending this very bad law are extremely weak
No they don't. The NAACP, Zimmerman's lawyer, the law's author and many others disagree with you. It's idiotic thinking to believe that that's what the law allows.
Did you no even bother to read the link I provided? The cases of so-called "justified" killings in Florida tripled since the law was passed and in the vast majority of cases where it is cited, the person killed wasn't armed. For anyone who looks at the statistics since the law passed, there can be little other conclusion that people are getting off without prosecution in cases with extremely weak self-defense arguments. If you want examples, I'll give you some.
No. If you ran and got cornered after your assailant had killed three other people, you wouldn't be prosecuted. But in many less extreme cases, if you don't run, you face charges, lawsuits, or imprisonment. Of course I'm not saying you'll be convicted 100% of the time, just that you face the possibility.
Actually that's exactly what you said, but what you're saying now is not much better. You're claiming that only in extremely obvious cases will you not be charged, and that's just not within a cab ride of reality. The number of egregious cases is extremely rare. Try coming up with one for a start, in Florida, and then you might have the beginnings of an argument. As yet your assertion is extremely weak and all but completely unsupported.
So you agree that it is right that any criminal can dismiss you from any public place simply by offering you violence, and that you should be required to retreat, every time, as long as you can do so safely?
We do disagree, then.
We do disagree, then.
You're assuming that the person on the receiving end of deadly force is always a criminal, and that is an extremely piss poor assumption. The law is being used to defend those who shoot unarmed people in road rage incidents, bar fights, drunk people who knock on the wrong doors, and people getting shot just for being at the wrong place at the wrong time.
So perhaps you think that making obviously false assumptions strengthens your argument, but quite the reverse is true.
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
97 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
Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]
TPaine7
Mar 2012
OP
That's not true. Most confrontations will not go to "kill or be killed" without graduation.
TPaine7
Mar 2012
#14
I don't think that the Stand your ground law prevents a jury from determining
JDPriestly
Mar 2012
#12
The essential issue in self-defense as I understand it (and I was not a specialist in
JDPriestly
Mar 2012
#61
'Reasonableness' gets evaluated all the way up the legal ladder.. not all go to a jury.
X_Digger
Mar 2012
#63
"These states uphold castle doctrine in general, ... but... may enforce a duty to retreat"
TPaine7
Mar 2012
#24
Do you also believe that the idea of innocent people in prison in cases totally unrelated to this
TPaine7
Mar 2012
#38
The case was from before the 2005 change, so comparing 2005 and 2011 is irrelevant. n/t
TPaine7
Mar 2012
#75
I don't see why everyone who agrees with gun rights is AUTOMATICALLY an NRA member
TeamsterDem
Mar 2012
#37
I am not a member, nor have I ever given them a penny, though I almost contributed after Katrina.
TPaine7
Mar 2012
#39
I think I'll stand my ground and won't allow your made up bullshit and histrionics to make me leave.
TPaine7
Mar 2012
#45
I think Florida's SYG law and even their Castle Law need revision. There also needs to be education
TPaine7
Mar 2012
#51
The duty to retreat is a duty to obey a criminal who orders you to flee coupled with a threat
TPaine7
Apr 2012
#90
The bottom line is that he can dismiss you from any public space, simply by offering you violence.
TPaine7
Mar 2012
#48
Wow! Just Wow! Killing an unarmed teen with no legal ramifications is the "bathwater"?
Major Nikon
Mar 2012
#31
Perhaps you can read, but I'm seriously doubting your ability to comprehend
Major Nikon
Mar 2012
#66
I skimmed over your post and failed to find anything that addresses the examples I gave
Major Nikon
Apr 2012
#95
The false assumption is that without the shoot first law, people go to jail for defending themselves
Major Nikon
Mar 2012
#72
Thanks for your thoughtul response. I agree that the law needs change and that all violent deaths
TPaine7
Mar 2012
#59
Actually I started to say "arrested" but decided that in all cases that is not justified
csziggy
Mar 2012
#65