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Major Nikon

(36,925 posts)
31. Feel free to list when "presumption of innocence" was suspended in the US, because I can't find it
Mon Jun 11, 2012, 12:28 AM
Jun 2012
You didn't read the link? Justifiable homicide is not a crime. Under DTR, you are charged with murder, but you use self defense as an affirmative defense. Justifiable homicide includes self defense. Therefore, you have to prove that you are innocent of murder or manslaughter.


You aren't charged with murder unless there is evidence of murder. It's a pretty simple concept really which existed well before the recent laws were enacted. You're simply repeating the same hogwash that was used to justify these fucked up laws in the first place. Where's all the cases where innocent people were being charged with murder? Most, if not all states, had already rejected the "duty to retreat" in all but the most egregious circumstances well before all these ALEC/NRA nutbag written bullshit shoot-first laws were enacted. You also make it sound as if "duty to retreat" is a bad thing. It isn't. A guy in Florida shot an unarmed drunk man who happened to ring the wrong doorbell in the middle of the night. "Duty to retreat" would have required him at the very least to do the sensible thing and go back inside his home. Instead he shot the man AFTER he put his hands up, then got away free thanks to the fucked up law.

Name one. The public outcry was the MSM doing a trial by media, AKA electronic lynching. Much of the MSM's reports were wrong and incomplete. I'll wait for the real trial to decide Zimmerman.


I'll name several.

* Two men argue whether a teenager should be allowed to skateboard in a Tampa park. The fight ends with one man shooting the other dead in front of his 8-year-old daughter.
* A 15-year-old died after two gangs brawled in Tallahassee, leaving no one accountable for his death.
* A man shot and killed two people during an altercation aboard a 35-foot sailboat anchored near Riviera Beach.
* A driver attacked and killed another with an ice pick during a road rage incident.
* The owner of a towing company killed a man he claimed tried to run him over while retrieving his car from an impound lot.
* A car salesman shot another man in a barroom argument over cigarettes.
* A decorated Army veteran and father of two was killed outside his elderly mother’s Cape Coral home after a neighbor mistook him for a thief.
* A drunken Land ‘O Lakes man was shot, but not killed, after he mistakenly tried the door at the wrong house in his neighborhood.
* A man chased and killed a burglar in Miami and successfully claimed self-defense, though he shot the man in the back.
http://floridavoices.com/columns/susan-clary/too-many-deaths-name-self-defense

Care to name any of these cases where innocent people are being convicted of murder? The NRA and ALEC couldn't, so I don't expect you'll have much luck either.

Shoot first was a marketing term used by propagandists over Colorado's Castle doctrine. SYG is the accepted term. It is older than ALEC. California has been SYG 110 years before Florida.


The bullshit call is a pretty easy one to make here. First of all, when a law allows an aggressor to use deadly force, it can no longer legitimately be called "stand your ground", that's why "shoot first" is what the actual law is. Evidently you consider groups like Dailykos, Media Matters, Thinkprogress, Democracynow, and CSGV as "propagandists" while the fruits and nuts like LaPierre and ALEC have it right. Kinda makes you go, hmmmmm.

http://www.dailykos.com/story/2012/03/23/1077185/-Why-Stand-Your-Ground-Is-Actually-Shoot-First-
http://www.csgv.org/issues-and-campaigns/guns-democracy-and-freedom/shoot-first-laws
http://www.democracynow.org/2012/3/20/floridas_shoot_first_law_critiqued_by
http://mediamatters.org/blog/201203230014
http://thinkprogress.org/wp-content/uploads/2012/03/Shoot-First-Backgrounder-Short-Form.doc

Furthermore the Castle Doctrine laws that were on the books prior to 2005 are nothing at all like the Florida law and the virtual carbon copies that were furnished and promoted by ALEC and the NRA. In almost all instances, they referenced the right of self defense inside the home. Most of the fucked up ALEC/NRA bullshit laws that came about after 2005 extend that premise to virtually anywhere and in some cases even protect the aggressor. So if you think these new laws are like the old laws, you probably haven't read or at least understood the differences.




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A link to additional article, below Tx4obama Jun 2012 #1
Long overdue. kestrel91316 Jun 2012 #2
Yes. nm rhett o rick Jun 2012 #3
Finally ~ why the delay on fighting goclark Jun 2012 #10
These Stand Your Groundlaws place the responsibility and privilege of making certain decisions about JDPriestly Jun 2012 #4
Exactly. n/t Hoyt Jun 2012 #5
Absolutely agree. nt chknltl Jun 2012 #7
you think duty to retreat was just? gejohnston Jun 2012 #13
The presumption is that you should not kill anyone, that murder is never justified. JDPriestly Jun 2012 #18
might want to take a second look gejohnston Jun 2012 #27
The prosecutor only files charges if there is a question as to whether the murder was justified. JDPriestly Jun 2012 #28
I didn't coin the term. gejohnston Jun 2012 #30
The correct translation from the Old Testament is "Thou Shalt not murder" ... spin Jun 2012 #33
Yes. I understand the Commandment in those terms and agree with you. JDPriestly Jun 2012 #37
That is your view ... spin Jun 2012 #42
Hogwash Major Nikon Jun 2012 #21
hogwash gejohnston Jun 2012 #24
Feel free to list when "presumption of innocence" was suspended in the US, because I can't find it Major Nikon Jun 2012 #31
why not look up the law? gejohnston Jun 2012 #32
You should have read it yourself before you commented Major Nikon Jun 2012 #35
Did you actually read the two situations where the aggressor hack89 Jun 2012 #38
Did you actually read this thread? Major Nikon Jun 2012 #41
I was just pointing out that the exceptions are very limited. That's all. nt hack89 Jun 2012 #43
The exception is big enough to drive a Mack truck through Major Nikon Jun 2012 #44
No - it says the other guy can't kill you for starting a fist fight or verbal confrontation. hack89 Jun 2012 #46
That's not what it says Major Nikon Jun 2012 #47
No - there is still the reasonable man standard hack89 Jun 2012 #50
So how do you account for the fact that the law doesn't say what you're claiming? Major Nikon Jun 2012 #52
That has been the standard for self defense for at least 15 years hack89 Jun 2012 #53
Did you read the actual law ? hack89 Jun 2012 #51
OK, I've had enough Major Nikon Jun 2012 #54
No problem - interpreting statutes can get complicated hack89 Jun 2012 #56
I did read it. gejohnston Jun 2012 #45
Right. For example, in the Zimmerman case, if the case went to trial, JDPriestly Jun 2012 #40
So rather than trust in the jury system, you'd rather leave it up to police csziggy Jun 2012 #22
actually not true gejohnston Jun 2012 #23
No they don't. AtheistCrusader Jun 2012 #17
You are quite incorrect as to the nature of SYG laws ProgressiveProfessor Jun 2012 #25
They never had unaccountable power. The DA, for one, is usually an elected official, not JDPriestly Jun 2012 #39
FL is unique in that regards ProgressiveProfessor Jun 2012 #48
As for example, when someone is robbing a convenience store at gunpoint. JDPriestly Jun 2012 #49
A possibility for something good to come from Trayvan Martin's ... etherealtruth Jun 2012 #6
From the beginning, it's the only positive outcome I've seen coming from this tragedy. . . Journeyman Jun 2012 #11
The way racism affects SYG, they MUST look at this case: chknltl Jun 2012 #8
From what I have read and heard about it asjr Jun 2012 #9
because you have been ill informed gejohnston Jun 2012 #14
Yup. Exactly what the media wants you to believe ... spin Jun 2012 #34
Finally. jwirr Jun 2012 #12
Maybe they should focus on Texas too ...ya think? L0oniX Jun 2012 #15
Thank Goodness! patrice Jun 2012 #16
K&R. Long overdue. Remember Marissa Alexander. Overseas Jun 2012 #19
No - she got 20 years for leaving the situation and then coming back with a gun. nt hack89 Jun 2012 #55
They need to look at WHO is advancing the passage of SYG. Ford_Prefect Jun 2012 #20
Wonder if they are ever going to look into the ongoing capricious use of hate crime enhancements ProgressiveProfessor Jun 2012 #26
The Unholy Trinity: Koch Brothers, ALEC, and the NRA crunch60 Jun 2012 #29
No bad thing in reviewing and reassessing any piece of legislation... LanternWaste Jun 2012 #36
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