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)82. You failed miserably at trying to break it down
Cherry picking my statments and then making disengenuous claims regarding them, while completely ignoring other more relevant parts of what I wrote might make you think you're more credible, but actually the reverse is true.
So let me break it down for you using a healthy dose of reality...
I disagreed. The NAACP, the law's sponsor and many others disagree. Given the facts as presented by the media, the Stand Your Ground law did not allow Zimmerman to act as he did.
Since when does "like Zimmerman" mean 'Zimmerman'? Just another example of how you read, but don't comprehend.
I provided you numerous specific examples of obviously dubious self-defense claims where people have gotten away with never being convicted and in many cases were never so much as charged or arrested. So you can disagree all you want, you can pretend others agree with you, and you can pretend I didn't include the specific examples I included. That doesn't change reality.
Furthermore in regards to Zimmerman himself (which I wasn't talking about regardless of how many times you pretend I was), in case you haven't noticed, he has yet to be charged or so much as arrested. The Sanford police chief said the shoot first law tied his hands. Numerous sponsors and those who voted for the shoot first law say it needs to be changed. So no, there isn't the consensus you claim and there's little doubt that without the shoot first law, Zimmerman would have already been arrested and charged, just as he should be. As it is, he will almost certainly get off completely if he's ever charged at all, all thanks to the LaPierre authored law that you support. So you can keep claiming the shoot first law doesn't make a difference with Zimmerman if it makes you feel better. That doesn't change reality.
So let's go over your strawm.. er, points one by one...
So you are wrong several different ways:
1) SYG did not authorize what Zimmerman did, at least not what he did as reported in the national media.
1) SYG did not authorize what Zimmerman did, at least not what he did as reported in the national media.
Kinda hard to be wrong about something I never claimed, no?
I'm going to mark this one as complete bullshit.
2) SYG did not change the law so that you can now shoot unarmed people wheras before you could not shoot unarmed people. You could always shoot unarmed people under the proper circumstances, without any criminal repercussions. (SYG did remove civil repercussions, if I understand it correctly.)
Here we have another instance of you just claiming I wrote something I didn't so you can then refute it. This is known as building a strawman for you to burn down and must also be listed as complete bullshit.
3) The implication that "shooting unarmed people" is something that only an idiotic law would allow is itself idiotic. You should be able to shoot unarmed people with no criminal or legal repercussion, under the right circumstances.
Yes, sure you can. And if I had claimed you can't, you might actually have something there, but I didn't, and you don't. Sorry, but this one has to be chalked up to complete bullshit just like the rest.
Try reading exactly what I claimed, then instead of focusing on the word "unarmed" and inventing strawmen, try actually looking at the specific examples I have provided not once, but twice, which you have completely ignored and pretended didn't exist, not once, but twice. Then tell me again how this law doesn't specifically allow people to shoot those unarmed people in those exact circumstances. Tell me again how those people were "offering violence". Tell me again how this law didn't allow them to get away with murder at worst or manslaughter/aggravated assault at best, not to mention civil charges for the pain and suffering they caused. Again, specific examples which were used to illustrate my point in crystal clarity. Not hypothetical rhetoric you invented, not strawman BS, but specific examples. Try to stay focused. I know you can do this.
And your whole argument about belief is silly. First it's not simple belief, it's "reasonable belief." And if reasonable belief, or what a reasonable person would believe in a given circumstance were so hard to establish, the law as we know it would collapse.
Unless there is some special difference between reasonable belief in SYG and the prudent person standard or reasonable man standard, it's no big deal. Really.
Reasonable belief is not the simple belief that you keep representing it as. it has a well established legal meaning, unless I'm missing something. Didn't think I'd notice the dropped "reasonable" did you?
Unless there is some special difference between reasonable belief in SYG and the prudent person standard or reasonable man standard, it's no big deal. Really.
Reasonable belief is not the simple belief that you keep representing it as. it has a well established legal meaning, unless I'm missing something. Didn't think I'd notice the dropped "reasonable" did you?
I quoted the relevant parts of the exact law, which you claimed to read, but obviously are only vaguely familiar. So I suppose you can pretend I dropped "reasonable" but anyone smart enough to work their way back up the thread can see your claim is bullshit. Pointing out that I didn't include the exact verbiage of the law every single time I mentioned belief, is disengenuous at best and duplicitous at worst.
And yes, there is "some special difference" between reasonable belief in the shoot first law and the "reasonable person" standard. Big difference. Damn big difference. So yes, it is a big deal. A damn big deal in fact.
Your confusion of the "reasonable belief" standard quoted by the shoot first law and the "reasonable person" standard from common law pretty much epitomizes your basic ignorance of jurisprudence and this law in particular. The "reasonable person" standard means a reasonable person would have acted the same under the same circumstances. This is nothing like the "reasonable belief" standard mentioned. Apparently the word "reasonable" is throwing you off because you're completly ignoring the difference between "person" and "belief". Once again this points to your basic comprehension difficulties. If the Florida shoot first law had a reasonable person standard (and it doesn't), this would be a much higher standard. "Reasonable belief" standard is even lower than 'reasonable self-control' and points to what the person in questioned believed. It doesn't matter if they are a complete idiot. It doesn't matter if they were wrong. It doesn't even matter if they behaved irresponsibly and/or irrationally. Their state of mind and what they "reasonably" believed is the only thing that matters, and for a jury or anyone else to guess the mindset of these people in these situations is dubious at best. That's why Zimmerman will almost certainly never be convicted of any state charges once he makes a claim of self-defense. That's why this law is fucked up. That's why people can get away with murder. That's why there is no "baby" in this law. It's all bathwater. If you can't understand that basic point, you have no hope of understanding what's wrong with this law.
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