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
MWC man shoots a guy in his house
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="LightningCrash" data-source="post: 1302968" data-attributes="member: 4278"><p>The absolute safety statement is not a modifier there, though. It's just a recognition, a mission statement if you will.</p><p></p><p>You are given the presumption of fear of imminent great bodily harm upon someone breaking into your dwelling. The presumption means that you do not have to prove in court that you held said fear, before you are given the benefit of the protection of the further clauses. The prosecution will then have to prove in its entirety, beyond a reasonable doubt, that you <strong>did not</strong> hold a fear of imminent and great bodily harm. Without the presumption, you have a crap load of work to do and the prosecution has little.</p><p></p><p>If you stroll up and see that someone is inside your otherwise empty home, but you are outside and safe inside your vehicle, you are safe beyond a reasonable doubt at that time.</p><p></p><p>I'm sure most Okies would still no-bill, but who cares? If my family is safe, that's a checkmark next to my first objective. No sense putting that objective at risk by barging into the house.</p></blockquote><p></p>
[QUOTE="LightningCrash, post: 1302968, member: 4278"] The absolute safety statement is not a modifier there, though. It's just a recognition, a mission statement if you will. You are given the presumption of fear of imminent great bodily harm upon someone breaking into your dwelling. The presumption means that you do not have to prove in court that you held said fear, before you are given the benefit of the protection of the further clauses. The prosecution will then have to prove in its entirety, beyond a reasonable doubt, that you [b]did not[/b] hold a fear of imminent and great bodily harm. Without the presumption, you have a crap load of work to do and the prosecution has little. If you stroll up and see that someone is inside your otherwise empty home, but you are outside and safe inside your vehicle, you are safe beyond a reasonable doubt at that time. I'm sure most Okies would still no-bill, but who cares? If my family is safe, that's a checkmark next to my first objective. No sense putting that objective at risk by barging into the house. [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Water Cooler
General Discussion
MWC man shoots a guy in his house
Search titles only
By:
Top
Bottom