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

gejohnston

(17,502 posts)
11. the problem I have with duty to retreat
Wed Mar 21, 2012, 03:36 PM
Mar 2012

is as I explained on Thom Hartmann's forum.

On the show, Thom used the example of defending yourself from a violent car jacker under the old law. He was correct in that you would have to demostrate that your life was threatened. What he did not mention was:

you, victim of the car jacking, would be arrested and charged with murder. If the DA decides not to go to trial because it is a clear case self defense, or decides to go to trial (whatever reason) and you are aquitted, your problems are not over. But you are not getting off because of "duty to retreat" which says you should have retreat (often putting you in more danger) and given up your car. In the real world, of Thom's example you go to jail for being a crime victim. Even if it is a clear case of self defense and even if your attackers have extensive felony records, the attacker's family can still sue you for wrongful death. In the end, you are not only a victim of a crime, you are deep in debt due to legal fees and a possible civil jugement even though you did nothing wrong. How is that just? Think that would not happen? I'm old enough to remember a high profile shooting by Bernhard Goetz. All of that happened to him plus the media falsely accusing him and the NY jury of racism even though this was a year after Austin Weeks, an African American subway worker, shot and killed one of two white attackers. The grand jury did not even push the illegal gun charge.


There was a case in Tampa about six or seven months ago where a kid (middle school, IIRC) stabbed a bully to death. The facts of the case was this:
It was a public street
Several bullying complaints were filed with the school, all well documented
bully and several of his friends surrounded the killer and attacked him
victim stabbed bully to death.
Bully's parents were shocked SHOCKED that their innocent child (our boy would never bully or harm anyone, that nerd was just making shit up.) would be struck down in his youth and demanded justice from the state and the civil system. Judge said self defense, bully's parents whined to the media that their little angel was the victim.
Call me jaded, but Zimmerman is the exception, not the rule.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Could "stand your ground" laws be [View all] safeinOhio Mar 2012 OP
This a sad state of affairs Thinkingabout Mar 2012 #1
Zimmerman was not acting as a representative of the state. nt rrneck Mar 2012 #2
no, he acted as a representative of paranoid gun nuts Skittles Mar 2012 #3
Oh, horseshit. rrneck Mar 2012 #34
Damn man, well said! Best reply to that sort of post I've EVER seen!! (nt) eqfan592 Mar 2012 #44
LOL Skittles Mar 2012 #48
dup Skittles Mar 2012 #48
. Skittles Mar 2012 #50
I stand by what I said Skittles Mar 2012 #47
For you to stand by it in any meaningful way rrneck Mar 2012 #54
"...moved more to pity than to fear every time..." discntnt_irny_srcsm Mar 2012 #56
LOL Skittles Mar 2012 #57
They're called complete sentences. rrneck Mar 2012 #60
"No state shall make or enforce any law" safeinOhio Mar 2012 #5
'No state..' X_Digger Mar 2012 #13
We need a safeinOhio Mar 2012 #27
Search westlaw.. X_Digger Mar 2012 #30
I don't think he invoked any law passed by any state. rrneck Mar 2012 #35
Sounds like you've completed your diagnosis, Doc. Starboard Tack Mar 2012 #42
Actually rrneck Mar 2012 #43
Then all self-defense laws are moot. krispos42 Mar 2012 #38
but by banning self defense gejohnston Mar 2012 #40
Hmmmmm.... krispos42 Mar 2012 #46
Only if you think that self-defense laws in general are violations petronius Mar 2012 #4
No, not at all. safeinOhio Mar 2012 #6
But that exact same path was always there, whether the law is 'stand your ground' petronius Mar 2012 #8
the problem I have with duty to retreat gejohnston Mar 2012 #11
I don't think mere CLAIMS are going to be sufficient, nor should they be. Atypical Liberal Mar 2012 #16
Apparently not safeinOhio Mar 2012 #21
Is the problem the law or Sanford PD? gejohnston Mar 2012 #32
"Before this law it was the defendants job to prove self-defense." PavePusher Mar 2012 #37
"This law put it on the prosecution" Oneka Mar 2012 #41
The court always had and always will leave a path for anyone to claim self-defense. krispos42 Mar 2012 #39
How am I abridging the privileges or immunities of any citizen ... spin Mar 2012 #7
I'd be willing to be you'd be okay under normal self defense law rbixby Mar 2012 #9
That is what I see the problem as safeinOhio Mar 2012 #10
is there a third alternative? gejohnston Mar 2012 #14
I'm fine with the safeinOhio Mar 2012 #20
so the family of a felon should be able gejohnston Mar 2012 #23
If it is a clear case of self defense safeinOhio Mar 2012 #25
civil courts have very low gejohnston Mar 2012 #28
Those case of juries awarding money safeinOhio Mar 2012 #31
My honest opinion of OJ is gejohnston Mar 2012 #36
Here are some of the problems from Florida Prosecutors safeinOhio Mar 2012 #15
You hit the problem right on the head. Atypical Liberal Mar 2012 #18
The poorly way this law is written safeinOhio Mar 2012 #19
*sigh* not this shit again.. X_Digger Mar 2012 #12
"No state shall make or enforce any law " safeinOhio Mar 2012 #17
No state.. X_Digger Mar 2012 #22
To enforce this safeinOhio Mar 2012 #24
The state, or enforcement of this law, did not deprive Martin of life. X_Digger Mar 2012 #26
That would be... discntnt_irny_srcsm Mar 2012 #29
^^^this^^^ Tuesday Afternoon Mar 2012 #33
Absolutely fightthegoodfightnow Mar 2012 #45
Read 776.041 Use of force by aggressor Kennah Mar 2012 #51
This is the heart of it. jeepnstein Mar 2012 #52
Get a clue - II trumps XIV in racist GOP shoot 'em up society jpak Mar 2012 #53
Maybe it's a power... discntnt_irny_srcsm Mar 2012 #55
aw aren't you clever Skittles Mar 2012 #58
Thanks :) discntnt_irny_srcsm Mar 2012 #59
Latest Discussions»Issue Forums»Gun Control & RKBA»Could "stand your gr...»Reply #11