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jeff47

(26,549 posts)

78. That's why those laws used to have "duty to retreat".

Mon Oct 14, 2013, 12:39 PM

Oct 2013

Retreating meant fewer actual conflicts - one party disengages. If the other party pursues, then it's quite obviously a threat. If they don't pursue, then "cooler heads can prevail".

The number of situations where retreat was dangerous or not possible is rather small. So the "reasonable" test, and errors applying it, would occur in such a vanishingly small number of cases that leaving it "reasonable" is acceptable.

Even SYG, despite the massive misconceptions surrounding it and apparent abuse of it, doesn't let you just blast at every black SUV because one shot at you. If somebody can quote the relevant SC statutes that allow for this I'd like to see them.

Can't be bothered to read the OP, or the other stories about it?

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Man Who Shot Bystander Granted Immunity Under Stand Your Ground Laws [View all] Julian Englis Oct 2013 OP

I can't wait to see some of the usual suspects try to spin this... Blue_Tires Oct 2013 #1

Here's a link to a longer version of the story that the NYT cites Julian Englis Oct 2013 #2

with timeline lunasun Oct 2013 #55

And people say SYG won't be abused sakabatou Oct 2013 #3

irresponsible gun owners= heaven05 Oct 2013 #4

Hit him in the head from across the street with a .380 pistol? AtheistCrusader Oct 2013 #5

Sorry, but no. jeff47 Oct 2013 #19

More complex than that. AtheistCrusader Oct 2013 #20

Which would be why I said "Most". (nt) jeff47 Oct 2013 #21

Ok, I accept the qualifier. AtheistCrusader Oct 2013 #23

You sound like Arkansas. Of course, since it sounds like that guy shot into a public street... moriah Oct 2013 #51

Self-defense laws are all based on "belief", even w/o SYG. sir pball Oct 2013 #76

That's why those laws used to have "duty to retreat". jeff47 Oct 2013 #78

I think you have a rose-tinted ideal of retreat. sir pball Oct 2013 #79

I think you have a rose-tinted ideal of not-retreating. jeff47 Oct 2013 #81

Oh, he should definitely be charged. sir pball Oct 2013 #83

Actually, we only have his word sulphurdunn Oct 2013 #33

Also true. AtheistCrusader Oct 2013 #34

Either he fired a single shot sulphurdunn Oct 2013 #36

Exactly. That's why I wonder about a witness. AtheistCrusader Oct 2013 #40

Holy shit. Unfuckingbelievable.......... neverforget Oct 2013 #6

Fucked up... progressoid Oct 2013 #7

+1 Baitball Blogger Oct 2013 #14

apparently, in SC, WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH, and valerief Oct 2013 #8

all doubleplus good there~!!! lunasun Oct 2013 #56

WTF?! blackspade Oct 2013 #9

Second that DFW Oct 2013 #10

Exactly. malletgirl02 Oct 2013 #49

Well put. DFW Oct 2013 #63

Kicked and recommended. Uncle Joe Oct 2013 #11

This is just WRONG! tosh Oct 2013 #12

No comments from the Gungeon? ThoughtCriminal Oct 2013 #13

Post 5. AtheistCrusader Oct 2013 #17

Negligent? IveWornAHundredPants Oct 2013 #39

Actually, I would call it criminally negligent. AtheistCrusader Oct 2013 #41

oh, I've seen stranger things from a few gungeoneers Blue_Tires Oct 2013 #42

I actually don't know. AtheistCrusader Oct 2013 #43

Perhaps many, if not most of them are gone Blue_Tires Oct 2013 #44

I notice my 'not allowed to serve on juries of your posts' list AtheistCrusader Oct 2013 #45

this is just fucking insane. What states don't have this dumbass law? nt raccoon Oct 2013 #15

my traveling days are over.. stillcool Oct 2013 #16

So if Darrel father shot Scott then can he claim stand your ground? Pakid Oct 2013 #18

If I were Darrel's father, I'd fear for my life from this man. hughee99 Oct 2013 #80

There are no words MynameisBlarney Oct 2013 #22

This is the kind of story Kelvin Mace Oct 2013 #24

idk why someone from his (Darrel Niles) family wouldnt go over and just shoot him claim syg leftyohiolib Oct 2013 #25

can his family sue for wrongful death? noiretextatique Oct 2013 #26

Probably not because it wouldn't be considered a wrongful death. Kablooie Oct 2013 #61

unfortunately not just NC noiretextatique Oct 2013 #68

Excellent question! red dog 1 Oct 2013 #69

That is a guy that I would definitely not avebury Oct 2013 #27

"No evidence indicated Niles was a threat to Scott or his daughter." SunSeeker Oct 2013 #28

During the hearing, Murphy heard conflicting testimony as to whether anyone fired at Scott while he lunasun Oct 2013 #57

In Florida, secondvariety Oct 2013 #29

This kid did not get in the way. The dad AIMED at him and shot him. SunSeeker Oct 2013 #37

Sick and sickening. SoapBox Oct 2013 #30

the 2A crowd rejoices as open hunting authority is granted by "law" makers and courts nt msongs Oct 2013 #31

Should I even bother to research this story to find out the races of the shooter and victim? n/t Jerry442 Oct 2013 #32

I did both are Black azurnoir Oct 2013 #38

WHY does that matter? lunasun Oct 2013 #58

Last time I was in SC on a Sunday sulphurdunn Oct 2013 #35

Anyone have any links to the SC laws related to this? ManiacJoe Oct 2013 #46

Found the links: ManiacJoe Oct 2013 #53

So the rights of inncocent bystanders.... BronxBoy Oct 2013 #65

You would need to ask the lawyers and judge. ManiacJoe Oct 2013 #67

The legal system *always* gives a lot of leeway in self-defense cases Blue_Tires Oct 2013 #77

There is nothing special about SYG laws. ManiacJoe Oct 2013 #82

Sad - I liked visiting the USA ConcernedCanuk Oct 2013 #47

And I immensely enjoyed... awoke_in_2003 Oct 2013 #66

I agree 100% NeoConsSuck Oct 2013 #71

It didn't feel like a big city at all... awoke_in_2003 Oct 2013 #72

Civil Court malletgirl02 Oct 2013 #48

The defendent seems to be protected from civil suits ManiacJoe Oct 2013 #50

Absurd. blkmusclmachine Oct 2013 #52

NRA and gun culture wins again. Hoyt Oct 2013 #54

Statistically Niles has never been safer Doctor_J Oct 2013 #59

This case is even more ridiculous than the Martin-Zimmerman case! agentS Oct 2013 #60

Silent Scope malletgirl02 Oct 2013 #62

If a law leads to nonsensical results like this, it needs to be changed. Comrade Grumpy Oct 2013 #64

Kicked!....Thanks for posting. red dog 1 Oct 2013 #70

The "shoot whoever you like and then claim you were afraid" law: good for gun sales, struggle4progress Oct 2013 #73

Todd Rutherford Democratic state representative who helped write the law warrant46 Oct 2013 #74

This message was self-deleted by its author tabasco Oct 2013 #75