Forums
New posts
Search forums
What's new
New posts
New media
New media comments
Latest activity
Classifieds
Media
New media
New comments
Search media
Log in
Register
What's New?
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Navigation
Install the app
Install
More Options
Advertise with us
Contact Us
Close Menu
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Forums
The Water Cooler
General Discussion
‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff
Search titles only
By:
Reply to Thread
This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Message
<blockquote data-quote="Dave70968" data-source="post: 3138059" data-attributes="member: 13624"><p>Misdemeanor battery is still not a capital offense. If the battery didn't rise to the level of causing a reasonable man to fear for his life, the shooting isn't justified.</p><p></p><p>Look, in my criminal law class, I'm the smartarse who, when discussing the Felony Murder Rule, and the prof said "there's no such thing as misdemeanor murder," said "sure there is; misdemeanor murder is when the value of the life of the decedent does not exceed $20." A few in class snickered; the prof shot me a dirty look (he was from Massachusetts; he also didn't appreciate me knocking the Frogman of the Chappaquiddick a couple of times).</p><p></p><p>I get that society is probably better off without him. But there are rules for the use of lethal force in self defense, and "he needed killin'" isn't it. And, again, his prior behavior, unless known to the shooter at the time of the incident, can't be used to justify the shooting, as it can't affect his state of mind at that time.</p><p></p><p>I'd say that the prior arrests, if unknown to the shooter, are still irrelevant. <em>However</em>, the tox screen becomes highly relevant, though circumstantial: they don't actually <em>prove</em> he was more violent, just suggest a predisposition. Circumstantial evidence is admissible, though.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3138059, member: 13624"] Misdemeanor battery is still not a capital offense. If the battery didn't rise to the level of causing a reasonable man to fear for his life, the shooting isn't justified. Look, in my criminal law class, I'm the smartarse who, when discussing the Felony Murder Rule, and the prof said "there's no such thing as misdemeanor murder," said "sure there is; misdemeanor murder is when the value of the life of the decedent does not exceed $20." A few in class snickered; the prof shot me a dirty look (he was from Massachusetts; he also didn't appreciate me knocking the Frogman of the Chappaquiddick a couple of times). I get that society is probably better off without him. But there are rules for the use of lethal force in self defense, and "he needed killin'" isn't it. And, again, his prior behavior, unless known to the shooter at the time of the incident, can't be used to justify the shooting, as it can't affect his state of mind at that time. I'd say that the prior arrests, if unknown to the shooter, are still irrelevant. [I]However[/I], the tox screen becomes highly relevant, though circumstantial: they don't actually [I]prove[/I] he was more violent, just suggest a predisposition. Circumstantial evidence is admissible, though. [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Water Cooler
General Discussion
‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff
Search titles only
By:
Top
Bottom