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 General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
139 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The Right to Keep and Bear Arms at its Worst (Original Post) fightthegoodfightnow Mar 2012 OP
Seven years indicates to me a felony comviction. oneshooter Mar 2012 #1
126 posts in this thread, and this post was totally ignored. AtheistCrusader Mar 2012 #128
The anti's don't like my questions, they are too hard to answer. oneshooter Mar 2012 #129
This is a problem with the legal system socialindependocrat Mar 2012 #2
What people? pipoman Mar 2012 #4
The link states that the guy shot thru the front of the house.. socialindependocrat Mar 2012 #8
Do you want the state to enforce your judgement? X_Digger Mar 2012 #11
Is That What Someone Does fightthegoodfightnow Mar 2012 #20
Lol, so now shooting someone is *always* murder? X_Digger Mar 2012 #42
Nah fightthegoodfightnow Mar 2012 #44
I laugh at idiots who wish to pervert our legal system X_Digger Mar 2012 #48
Seems You Don't Know the Law fightthegoodfightnow Mar 2012 #50
Had I said *every* threat warrants deadly force, you might have a point. X_Digger Mar 2012 #52
'Your Ignorance'? fightthegoodfightnow Mar 2012 #53
Kinda of hard to have intelligent conversation when one side isn't. X_Digger Mar 2012 #54
Silly Statements? fightthegoodfightnow Mar 2012 #55
No, like "Judge and Jury" X_Digger Mar 2012 #56
Nah fightthegoodfightnow Mar 2012 #60
OMFG, you still don't get it. X_Digger Mar 2012 #65
Exactly fightthegoodfightnow Mar 2012 #66
Lol, I can't deny you due process (assuming I'm not a judge).. it's physically impossible. X_Digger Mar 2012 #67
The Person Being Shot is Presumably Guilty of a Crime-Otherwise No Need to Shoot fightthegoodfightnow Mar 2012 #68
The 'social contract' between individuals is codified in the criminal code. X_Digger Mar 2012 #76
Social Contract fightthegoodfightnow Mar 2012 #79
I give up. You've obviously got it, yet deny it. X_Digger Mar 2012 #82
And still no argument in there..... fightthegoodfightnow Mar 2012 #83
LOL! You realize you're asking me to prove a negative? X_Digger Mar 2012 #86
Like I Said..... fightthegoodfightnow Mar 2012 #87
No dear, government is a concept, granted power by the people X_Digger Mar 2012 #88
Wow fightthegoodfightnow Mar 2012 #89
One of us has history, our framework of government, our founding documents, and law on our side. n/t X_Digger Mar 2012 #92
According to You fightthegoodfightnow Mar 2012 #95
No, not according to me.. according to our founding documents, USC criminal code, TX criminal code.. X_Digger Mar 2012 #97
Guns Kill...Sometimes the Bad Guys, Sometimes the Good Guys, Sometimes Justly, Sometimes Not fightthegoodfightnow Mar 2012 #99
People kill with guns, yes.. sometimes for good, sometimes not. n/t X_Digger Mar 2012 #103
Just as I thought fightthegoodfightnow Mar 2012 #105
Do you really enjoy trying to educate a stump DWC Mar 2012 #70
Nothing About Guns? fightthegoodfightnow Mar 2012 #74
Lol, I figure if any lurkers have this asinine meme lodged in their head inadvertently.. X_Digger Mar 2012 #77
Possable with the help of a 4lb hammer, otherwise? oneshooter Mar 2012 #78
That's How You Want to 'Educate' Me..... fightthegoodfightnow Mar 2012 #81
At this point, we're talking about fundamental government concepts, not even guns. X_Digger Mar 2012 #84
I was resonding to and asking Oneshooter...not you. fightthegoodfightnow Mar 2012 #85
So, if I am attacked, even in my own home, I should oneshooter Mar 2012 #90
That's NOT What Happened in THIS Case Is It? fightthegoodfightnow Mar 2012 #91
I truly do not know. The trial hasn't happened yet. oneshooter Mar 2012 #93
Disagree fightthegoodfightnow Mar 2012 #94
Slow down and read again. oneshooter Mar 2012 #113
HERE is What the Trial Will Show fightthegoodfightnow Mar 2012 #96
Hopefully the trial will show much more. ManiacJoe Mar 2012 #106
Everyone is Looking fightthegoodfightnow Mar 2012 #107
That would be a sad commentary on you and "everyone" else. ManiacJoe Mar 2012 #117
No one has disputed anything already said fightthegoodfightnow Mar 2012 #118
What "everything"? ManiacJoe Mar 2012 #121
Here fightthegoodfightnow Mar 2012 #122
That is the same lacking list from post #96. ManiacJoe Mar 2012 #127
You mean the part about shadowrider Mar 2012 #124
'a reasonable fear of grievous bodily harm'. Starboard Tack Mar 2012 #130
Yes, a person with a knife, chasing you around your vehicle. Fucking duh. n/t X_Digger Mar 2012 #133
An acquittal is an acquittal pipoman Mar 2012 #13
With a few exceptions? fightthegoodfightnow Mar 2012 #21
Pardons and such.. pipoman Mar 2012 #23
Right fightthegoodfightnow Mar 2012 #26
Oh, and no, pipoman Mar 2012 #14
Right fightthegoodfightnow Mar 2012 #51
No, I may report him..as is what seems to have happened.. pipoman Mar 2012 #59
So Not Every Threat is Equal fightthegoodfightnow Mar 2012 #62
If a reasonable person would believe pipoman Mar 2012 #112
Do You Think the Kid Shot and Killed fightthegoodfightnow Mar 2012 #75
Apparently the kid shouldn't have been shot.. pipoman Mar 2012 #98
In General Terms.....No fightthegoodfightnow Mar 2012 #100
In most places, the State can not use gejohnston Mar 2012 #102
True fightthegoodfightnow Mar 2012 #104
Generally agree pipoman Mar 2012 #108
Sorry to Hear That fightthegoodfightnow Mar 2012 #109
Oh... fightthegoodfightnow Mar 2012 #101
As a self proclaimed civil libertarian pipoman Mar 2012 #110
Agree fightthegoodfightnow Mar 2012 #111
Did you even read the article you linked to? pipoman Mar 2012 #3
7 years is a felony conviction. X_Digger Mar 2012 #5
He Got Away with Murder fightthegoodfightnow Mar 2012 #6
Please tell me next week's lotto numbers.. X_Digger Mar 2012 #7
Right fightthegoodfightnow Mar 2012 #10
Yeah, damn that Due Process shit.. X_Digger Mar 2012 #12
The number of people who really don't care for the Constitution at all... Common Sense Party Mar 2012 #32
Due Process Indeed fightthegoodfightnow Mar 2012 #41
So there are no killings without 'swords'?!? X_Digger Mar 2012 #43
"A slayer without a sword can't slay." PavePusher Mar 2012 #57
You are responding to your own post fightthegoodfightnow Mar 2012 #120
So maybe we should do away with due process rl6214 Mar 2012 #114
Really? What part of "acquittal" don't you understand? pipoman Mar 2012 #9
You Defend a Convicted Felon fightthegoodfightnow Mar 2012 #17
I have defended hundreds of convicted felons pipoman Mar 2012 #18
Good for You fightthegoodfightnow Mar 2012 #19
No, that isn't what the article says at all.. pipoman Mar 2012 #22
Right fightthegoodfightnow Mar 2012 #24
I'm not an attorney. pipoman Mar 2012 #25
LOL fightthegoodfightnow Mar 2012 #28
Your punctuation is as pipoman Mar 2012 #30
Anything else? fightthegoodfightnow Mar 2012 #31
This thread isn't about guns pipoman Mar 2012 #33
Nonsense fightthegoodfightnow Mar 2012 #34
The only actual gun in the story pipoman Mar 2012 #38
Don't you hate it when someone says they are going to shoot you? fightthegoodfightnow Mar 2012 #136
I've been threatened many times pipoman Mar 2012 #139
Did he have a gun or not? AtheistCrusader Mar 2012 #131
Do you know whether he had a gun? fightthegoodfightnow Mar 2012 #135
I've already answered your question once. AtheistCrusader Mar 2012 #138
No fightthegoodfightnow Mar 2012 #36
Was there a gun or not? AtheistCrusader Mar 2012 #132
Was there of threat of a gun? fightthegoodfightnow Mar 2012 #134
Yes, there was a threat. AtheistCrusader Mar 2012 #137
Sorry for Dupe in Response fightthegoodfightnow Mar 2012 #37
Guns, don't you have anything to say about guns? rl6214 Mar 2012 #116
people love to hate attorneys pipoman Mar 2012 #27
Right fightthegoodfightnow Mar 2012 #29
You really do have pipoman Mar 2012 #34
Right fightthegoodfightnow Mar 2012 #46
"used a gun to intimidate someone after the trial." Oneka Mar 2012 #49
Someone CHARGED with murder, not CONVICTED of murder. rl6214 Mar 2012 #115
Correct fightthegoodfightnow Mar 2012 #119
So what's your opinion of Don Siegelman? krispos42 Mar 2012 #123
Was his gun legal in DC? gejohnston Mar 2012 #15
Don't Disagree fightthegoodfightnow Mar 2012 #16
If he wasn't guilty, he wouldn't have been charged, right? Callisto32 Mar 2012 #40
Perhaps he did. You should get your evidence to the DA as sson as you can. n/t PavePusher Mar 2012 #58
Double Jeopardy Applies fightthegoodfightnow Mar 2012 #61
Can be waived with sufficient evidence. So provide it. n/t PavePusher Mar 2012 #63
No It Can't fightthegoodfightnow Mar 2012 #64
O.K., it appears you are correct, not sure what I was thinking of. PavePusher Mar 2012 #69
Correct and True fightthegoodfightnow Mar 2012 #71
I don't like being wrong.... PavePusher Mar 2012 #72
None of Us Do fightthegoodfightnow Mar 2012 #73
Thank you, too. n/t PavePusher Mar 2012 #80
Al Capone went to prison for tax evasion not rackateerring or murder. Remmah2 Mar 2012 #125
Because some people abuse a right does not mean the right should eliminated. GreenStormCloud Mar 2012 #39
another example of why guns need banned. ileus Mar 2012 #45
I can't decide which editorial I like best. Tuesday Afternoon Mar 2012 #47
A "gesture" not indicate a firearm was used. Remmah2 Mar 2012 #126

oneshooter

(8,614 posts)
1. Seven years indicates to me a felony comviction.
Sat Mar 17, 2012, 11:12 PM
Mar 2012

That means that under Federal Law he will no longer be able to posses a firearm, and those he currently owns must be disposed of.
So this "But heh, he's still keeps his gun to intimidate people." is wrong.

Oneshooter
Armed and Livin in Texas

socialindependocrat

(1,372 posts)
2. This is a problem with the legal system
Sat Mar 17, 2012, 11:33 PM
Mar 2012

The article says, "after he was acquitted of the 2008 fatal shooting "

It doesn't say how or why he got aquitted.

The law says that people who use a gun during the commission of a crime will automaticall serve 2 years on top of whatever sentence is metered out for the crime. This is usually the first thing that is plea-bargained away. The laws are there but the legal system doesn't use the laws it has.

You need to find out why he was aquitted in the first place.

No one wants these people on the streets.

 

pipoman

(16,038 posts)
4. What people?
Sat Mar 17, 2012, 11:55 PM
Mar 2012
No one wants these people on the streets.

What people is that? People who are acquitted of a criminal charge? Generally people on DU approve of the whole innocent until proven guilty concept. This guy was not proven guilty apparently..

edit..not guilty of murder anyway..and he won't be on the streets for a while..

socialindependocrat

(1,372 posts)
8. The link states that the guy shot thru the front of the house..
Sun Mar 18, 2012, 12:10 AM
Mar 2012

Now, even tho he was aquitted of murder...

doesn't it strike you as a little odd that the guy would shoot at the front of an occupied house?

My safety training says that that is an absolute no-no and therefore I say that the person has shown that he shouldn't own a gun.

X_Digger

(18,585 posts)
11. Do you want the state to enforce your judgement?
Sun Mar 18, 2012, 12:19 AM
Mar 2012

By what legal justification would his rights be removed? (I'm talking about the period of time before the second trial and subsequent conviction, of course.)

That pesky due process, getting in the way of some good authoritarianism. eta: just in case someone misses it.

fightthegoodfightnow

(7,042 posts)
44. Nah
Sun Mar 18, 2012, 10:17 AM
Mar 2012

Only when an armed man shoots an unarmed man whose only 'crime' was being in the wrong place at the wrong time.

That killing was wrong.
That killing was not 'self defense.'
That killing was murder.

Have a good laugh at that as you seem to be.


X_Digger

(18,585 posts)
48. I laugh at idiots who wish to pervert our legal system
Sun Mar 18, 2012, 11:06 AM
Mar 2012

By supporting the state removing someone's rights without a conviction.

Judges and juries - the trappings of due process are between the state and an individual.

I do not owe you a trial, a judge, nor a jury if you threaten me. Your obvious lack of knowledge about this fact must be the basis for your bleating 'judge and jury' repeatedly.

I suggest picking up a constitutional law primer. (It might even help with your repeated utterances regarding representation, too.)

fightthegoodfightnow

(7,042 posts)
50. Seems You Don't Know the Law
Sun Mar 18, 2012, 11:52 AM
Mar 2012

Apparently not every threat warrants using deadly force.

But heh.....my 'lack of knowledge' is something you could learn from.

Tell me would the person being threatened by the man using a hand gesture be justified in pulling out a gun and shooting him?



X_Digger

(18,585 posts)
52. Had I said *every* threat warrants deadly force, you might have a point.
Sun Mar 18, 2012, 12:16 PM
Mar 2012

But since I didn't, you don't.

Your ignorance is nothing to be proud of.

In most states, the standard is some variation of, 'a reasonable fear of grievous bodily harm'.

fightthegoodfightnow

(7,042 posts)
53. 'Your Ignorance'?
Sun Mar 18, 2012, 12:45 PM
Mar 2012

Tell me how many times do you have to refer to my ignorance before you consider yourself worthy enough to have a respectful and intelligent conversation about guns?

Maybe I confused your post with Pippo. If I did I apologize.

X_Digger

(18,585 posts)
54. Kinda of hard to have intelligent conversation when one side isn't.
Sun Mar 18, 2012, 01:03 PM
Mar 2012

But seriously- if you'd actually look into something, rather than just repeating some silly statement ad nauseum, I'm more than happy to get into a discussion.

fightthegoodfightnow

(7,042 posts)
55. Silly Statements?
Sun Mar 18, 2012, 01:22 PM
Mar 2012

You mean like 'you're ignorant.'

Seriously, what were you saying about one side doesn't want a serious conversation?

I'll look into it.

X_Digger

(18,585 posts)
56. No, like "Judge and Jury"
Sun Mar 18, 2012, 02:12 PM
Mar 2012

The whole supposition, that defending oneself with a gun deprives the attacker of due process- something not owed a person by another person- is downright silly.

fightthegoodfightnow

(7,042 posts)
60. Nah
Sun Mar 18, 2012, 04:38 PM
Mar 2012

Not going to happen.

A gun is just that. There is no due process. It decides guilt or innocence in a nano second. There is no innocence until proven guilty. The judgment is swift and final. No appeals. Oh and in this case, there was no 'defending' oneself. Just a vigilante who got it wrong.

X_Digger

(18,585 posts)
65. OMFG, you still don't get it.
Sun Mar 18, 2012, 04:55 PM
Mar 2012

"Due process" is a burden that exists between the state and a person.

Due process does not fucking exist between two people.

Geezus, man, educate yourself.

fightthegoodfightnow

(7,042 posts)
66. Exactly
Sun Mar 18, 2012, 05:13 PM
Mar 2012

Thanks for making my case.

A gun killed not only the person but the opportunity for an individual to have due process with the state.

No need for profanity or insults. Just makes you sound angry, frustrated and unpersuasive.

X_Digger

(18,585 posts)
67. Lol, I can't deny you due process (assuming I'm not a judge).. it's physically impossible.
Sun Mar 18, 2012, 05:27 PM
Mar 2012

At this point I have to assume you actually do understand, and are just being intentionally obtuse. (Hint, it's not working, you're just looking silly.)

But on the off chance, let me try again.

Due process is what the state has to do before it can restrict a person's rights.

There is no obligation on a citizen with regards to due process as it pertains to interactions with other citizens. There are two parties in a due process claim- the state, and an individual.

If the family of an attacker who was killed by his intended victim could raise a due process claim, don't you think someone would have done so in the last 220 fucking years?!?

That asinine 'judge and jury' shit is laughable. Do stop embarrassing yourself, and pick up a text on the subject, please?

fightthegoodfightnow

(7,042 posts)
68. The Person Being Shot is Presumably Guilty of a Crime-Otherwise No Need to Shoot
Sun Mar 18, 2012, 05:52 PM
Mar 2012

Whether justified or not, when a gun is used to kill someone it is denying him a voice to make his case he is innocent. There is always a social contract between the state and the individual. It is a violation of due process when an individual obstructs that. It is final and often not necessary particularly when the other person is unarmed and the shooter was at no risk of danger since he could have remained in the car.

Here's another take on it:

http://www.mediaite.com/online/the-murder-of-trayvon-martin-is-not-a-black-problem/

Contrary to what you may think, your use of 'shit' and 'fuck' doesn't further civil and respectful discourse nor does it demonstrate intellectual superiority. I'd be a little less worried about how stupid you think I am.

X_Digger

(18,585 posts)
76. The 'social contract' between individuals is codified in the criminal code.
Sun Mar 18, 2012, 06:53 PM
Mar 2012

There is no 'due process' charge that one person can levy against another person. There is no criminal code for one person violating another's due process.

The criminal code says that deadly force is justified / excusable / etc when the person reasonably fears imminent grievous harm. That is the standard.

If there were this magical violation of due process when one person uses deadly force against their attacker, where is the case law supporting it? Where is the criminal charge? What section of federal or state code can you cite to support your bullshit claim?



*crickets*

Thought so.

fightthegoodfightnow

(7,042 posts)
79. Social Contract
Sun Mar 18, 2012, 07:23 PM
Mar 2012

See...the key word in 'social contract' is social. It's a contract with each other.

When someone violates someone's civil rights or due process, the government represents the people.

As for 'reasonably fears imminent grievous harm', he will have due process to defend himself against any criminal charges. The unarmed defenseless kid killed will not. His due process was denied by the shooter.

X_Digger

(18,585 posts)
82. I give up. You've obviously got it, yet deny it.
Sun Mar 18, 2012, 08:06 PM
Mar 2012

Next time, I'll draw stick figures, just to show how silly your intentional ignorance appears to those who don't know that you're working hard not to get it.

In the meantime, find that section of code yet?

fightthegoodfightnow

(7,042 posts)
83. And still no argument in there.....
Sun Mar 18, 2012, 08:17 PM
Mar 2012

....no reference to guns or the law.

Let's recap: we disagree. One respectfully and one prone to personal attacks, insults and profanity....in other words not so respectfully.

DU has an ignore feature if you truly 'give up'. I'm not banking on it.


X_Digger

(18,585 posts)
86. LOL! You realize you're asking me to prove a negative?
Sun Mar 18, 2012, 08:30 PM
Mar 2012

eta: and by that, I mean, you won't find a law that says that due process doesn't apply to individuals. By that same token, you won't find a law that says shoes may not be green, or that apples may not be over 6 ounces in weight. That does not mean the converse is true. Derp.



This isn't about guns, this is about fundamental government concepts.

Let's start simple.. what is the purpose of the Bill of Rights?

Well, let's read the instruction book- the preamble:

[div class='excerpt']The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers *1*, that further declaratory and restrictive clauses *2* should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.

Now class, pop quiz.

1. Who is the 'it' in 'abuse of its powers' above?

2. 'restrictive clauses' are levied against whom?

If you answered 'the government' to both questions, you got the right answers.

Moving on..

[div class='excerpt']
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Who does the restriction highlighted in Amendment V above apply to?

That's right, class, the government. Gold star!

Word problem:
Johnny steals Jake's wallet. Jake goes to the police and asks the officer to file a claim that he has been deprived of property without due process of law. The officer laughs at Jake. Explain why.

Bonus question: You get an instant 'A' in any class, ever, if you can find a section of federal, state, or local law that says individuals owe each other due process.

fightthegoodfightnow

(7,042 posts)
87. Like I Said.....
Sun Mar 18, 2012, 08:55 PM
Mar 2012

I'm not banking on it.....indeed......it took all of what less than a hour for you to retreat from your statement that you 'give up.' Apparently, I can't take you at your word.

When you say government, are you referring the people? Guns that kill people falsely accused by the shooter of a crime are denied the ability to clear their name.....much less keep their life......and whether you agree with me or not, that's a denial of 'due process' and everything else that is just and right.


X_Digger

(18,585 posts)
88. No dear, government is a concept, granted power by the people
Sun Mar 18, 2012, 09:21 PM
Mar 2012

You know, the whole 'deriving its just power by the consent of the governed'.

It's not me you have to convince. You can keep any silly idea in your head you want.

But for it to actually have any weight, you'd have to get a court to not throw you out on your ear, laughing. (None have done so in the 220 odd years since the passing of the fifth amendment.)

fightthegoodfightnow

(7,042 posts)
89. Wow
Sun Mar 18, 2012, 09:51 PM
Mar 2012

Your patronizing, vulgar, insults and personal attacks have no power in or out of court and carry no weight with me.

Guns are sometimes used unjustly to kill innocent people denying them life, liberty and the pursuit of happiness .... And yes due process of the law because the shooter thinks incorrectly he is above the law or is the law.

We disagree.

X_Digger

(18,585 posts)
97. No, not according to me.. according to our founding documents, USC criminal code, TX criminal code..
Sun Mar 18, 2012, 10:36 PM
Mar 2012

(I'll save you the listing of states who do NOT have a criminal offense for abrogating someone's due process- it's all of them.)

fightthegoodfightnow

(7,042 posts)
99. Guns Kill...Sometimes the Bad Guys, Sometimes the Good Guys, Sometimes Justly, Sometimes Not
Sun Mar 18, 2012, 10:39 PM
Mar 2012

Can we agree on that?

Oh right. Cigarettes don't cause cancer.....just smoking.

 

DWC

(911 posts)
70. Do you really enjoy trying to educate a stump
Sun Mar 18, 2012, 06:10 PM
Mar 2012

or are you just "in to" self abuse???

Semper Fi,

X_Digger

(18,585 posts)
77. Lol, I figure if any lurkers have this asinine meme lodged in their head inadvertently..
Sun Mar 18, 2012, 06:55 PM
Mar 2012

maybe I can dislodge it.

fightthegoodfightnow

(7,042 posts)
81. That's How You Want to 'Educate' Me.....
Sun Mar 18, 2012, 07:47 PM
Mar 2012

....with a 4lb hammer?

Not funny. Not even defensible. Good luck with that 'possibility'. I guess some make bad jokes when that's all they have.

Anything to say about guns?

X_Digger

(18,585 posts)
84. At this point, we're talking about fundamental government concepts, not even guns.
Sun Mar 18, 2012, 08:19 PM
Mar 2012

We had to take a few steps back because you (apparently) didn't actually understand that 'Due Process' doesn't apply to individuals.

Now that we know it's just a ruse, we can all just get a chuckle.

fightthegoodfightnow

(7,042 posts)
85. I was resonding to and asking Oneshooter...not you.
Sun Mar 18, 2012, 08:24 PM
Mar 2012

Joking about using a hammer to educate me is not taking a few steps back.

Anything about how guns can kill not only an individual but their right to a trial that includes due process and a presumption of innocence particularly for an unarmed kid?

oneshooter

(8,614 posts)
90. So, if I am attacked, even in my own home, I should
Sun Mar 18, 2012, 09:53 PM
Mar 2012

cower in fear and pray my attacker will not remove my life without a trial? I will be not allowed to defend myself less I injure the attacker, less he get hurt without a jury saying that it is all right to do so?

If attacked I will defend myself and my family with whatever force I believe necessary at that time. Upto and including deadly force. As for you, I don't believe I should raise a finger to help you, as you apparently don't believe in harming an attacker and I respect your beliefs enough to not do so.

Oneshooter
Armed and Livin in Texas

oneshooter

(8,614 posts)
93. I truly do not know. The trial hasn't happened yet.
Sun Mar 18, 2012, 10:08 PM
Mar 2012

Although you seem to have him convicted and hanging by his toes over a slow fire.

Untill the trial and all the evidence is shown I will reserve judgement.

Anything about how guns can kill not only an individual but their right to a trial that includes due process and a presumption of innocence particularly for an unarmed kid?

Is ignorant on it's face.

Oneshooter
Armed and Livin in Texas

fightthegoodfightnow

(7,042 posts)
94. Disagree
Sun Mar 18, 2012, 10:18 PM
Mar 2012

I'm betting the prosecution disagrees.

And the pretense of being neutral in the case until trial is over is disingenuous at best.

Calling me 'ignorant' because I believe guns can kill not only an individual but their right to a trial that includes due process and a presumption of innocence particularly for an unarmed kid may make you FEEL good but it's not persuasive. Is there any situation were a gun was ever used to unjustly kill someone who was indeed not a threat?

Assuming the facts as we currently know them and as limited as they are, was killing the kid justified?

Right...you don't know.

oneshooter

(8,614 posts)
113. Slow down and read again.
Mon Mar 19, 2012, 08:56 AM
Mar 2012

I said that the IDEA was ignorant, as in ignorant of the law and the way it works.
Not you.

Oneshooter
Armed and Livin in Texas

ManiacJoe

(10,136 posts)
106. Hopefully the trial will show much more.
Sun Mar 18, 2012, 11:14 PM
Mar 2012

For the facts presented on that page are very lacking in the answering of key questions.

ManiacJoe

(10,136 posts)
117. That would be a sad commentary on you and "everyone" else.
Mon Mar 19, 2012, 07:29 PM
Mar 2012

The first glaring question is: What actually happened?

ManiacJoe

(10,136 posts)
127. That is the same lacking list from post #96.
Tue Mar 20, 2012, 04:58 PM
Mar 2012

Given the rate of reporting, we may have a good idea about what happened in about a week.

shadowrider

(4,941 posts)
124. You mean the part about
Tue Mar 20, 2012, 07:06 AM
Mar 2012

the guy screaming "help" was zimmerman? If you haven't seen that yet, it's being seriously downplayed. Unless and until I hear from different witnesses AND hear zimmermans version of what happened, I'm reserving judgment.

Starboard Tack

(11,181 posts)
130. 'a reasonable fear of grievous bodily harm'.
Wed Mar 21, 2012, 01:48 PM
Mar 2012

Like a homeless guy with a knife asking for some change? Oh, yeah! Time to get the bazooka out of the truck and stand my ground, rather than get in the truck and drive away. But he looked scary, your honor and he had a knife.
Nothing like getting a little perspective on things.

 

pipoman

(16,038 posts)
13. An acquittal is an acquittal
Sun Mar 18, 2012, 12:21 AM
Mar 2012

innocent until proven guilty, if one is acquitted of a crime, they are legally not guilty therefore no punishment...we don't punish or remove rights in the US without due process...(usually)

The guy received a felony conviction on another charge, so won't be eligible to own, possess or evn touch a firearm forever (with a few exceptions)

 

pipoman

(16,038 posts)
23. Pardons and such..
Sun Mar 18, 2012, 01:33 AM
Mar 2012

I generally oppose pardons unless it is because of a mistake in conviction or some act of amazing heroism or humanity worthy of reward.

Oh, and expungements and people who apply for reinstatement..

I believe people's rights should be restored in their entirety at some point after their 'debt to society' is paid.

fightthegoodfightnow

(7,042 posts)
26. Right
Sun Mar 18, 2012, 01:41 AM
Mar 2012

Someone is convicted of murder with a firearm whose done their time is entitled to that 'right'? Wonder if the victims feel that way.

Heck, do you even support the notion they have to apply?

 

pipoman

(16,038 posts)
14. Oh, and no,
Sun Mar 18, 2012, 12:27 AM
Mar 2012

the link states he was accused of shooting through the front of a house. Somebody apparently couldn't convince a jury that the person who shot through the house was, in fact, the accused..not guilty..

fightthegoodfightnow

(7,042 posts)
51. Right
Sun Mar 18, 2012, 11:56 AM
Mar 2012

So would you shoot him if he made a shooting gesture with his hand?

After all that's a threat unless you disagree with the second jury.

 

pipoman

(16,038 posts)
112. If a reasonable person would believe
Sun Mar 18, 2012, 11:43 PM
Mar 2012

they are in immediate danger of death or bodily harm is the general basis for justifiably taking physical defensive action...a finger gesture does not constitute an immediate threat of great bodily harm. If I had killed every person who verbally or implied death on me, there would be quite a few dead people in my past. As it is, after carrying daily for 15+ years, I never shot anyone, only pointed my gun at 3 people (which likely saved my and my co-workers/clients lives), all of whom had I shot them I would not been charged. My midlife career change was (in part) because I was tired of defending myself and having to carry a gun every day.

fightthegoodfightnow

(7,042 posts)
75. Do You Think the Kid Shot and Killed
Sun Mar 18, 2012, 06:47 PM
Mar 2012

...should be afforded the same presumption of innocence until tried and convicted by a jury?

 

pipoman

(16,038 posts)
98. Apparently the kid shouldn't have been shot..
Sun Mar 18, 2012, 10:37 PM
Mar 2012

in general terms, if someone reasonably fears death or bodily injury from an assailant, and in the process of defending themselves or others, kills or injures the assailant, no the assailant does not get the presumption of innocence. The "reasonable person" standard has been in place for a very long time in the US as a benchmark for determining guilt or innocence of people claiming self defense. If a person points a gun at a police officer, that person will likely not get their Miranda rights read to them, nor will they be receiving a verdict from a jury of their peers..

I answered yours.

In another scenario, someone is threatened by a person (unknown to them) with a gun, or knife, or any other potentially deadly weapon...the person being attacked responds with force which results in the death of the threatening person. Should the person who responded to the threat be charged with a crime?

fightthegoodfightnow

(7,042 posts)
100. In General Terms.....No
Sun Mar 18, 2012, 10:48 PM
Mar 2012

In General Terms.....No.

Unless there was a history of felony crimes, violence, drug use, improper alcohol use, psych issues, the weapon was illegal, not registered, or other similar considerations.

Agree?


gejohnston

(17,502 posts)
102. In most places, the State can not use
Sun Mar 18, 2012, 11:00 PM
Mar 2012

history as evidence in any other case, why would this be an issue?
If the gun was not legally owned or possessed, the person would be charged with that separately.

fightthegoodfightnow

(7,042 posts)
104. True
Sun Mar 18, 2012, 11:12 PM
Mar 2012

It can be used in deciding if someone should be charged if not in trial.
Sometimes it's a factor in sentencing.
Sometimes it's admissible and sometimes it's not.

I am more inclined to not charge someone whose judgment is not impaired, but someone who is drunk or on drugs is fair game as force may or may not have been necessary....that's for a jury whether force was necessary.

Agree on the weapon's charge/point, but then if someone's judgement is that poor, so maybe what their judgement of what constitutes a threat.

 

pipoman

(16,038 posts)
108. Generally agree
Sun Mar 18, 2012, 11:24 PM
Mar 2012

if any of the things you mentioned was a factor in the case at hand. If the 'reasonable person' standard is considered and the person defending themself was determined to act based on a reasonable fear of death or injury, the past shouldn't be a factor. If the weapon used was possessed illegally, etc. that could be grounds for other possible criminal prosecution.

I have worked on the defense of 2 people who obviously defended themselves, were not associated with the assailant, in one case killed the assailant, in the other case the assailant was permanently disabled. In the case of the death, the person defending theirself was charged with manslaughter. One year later, after being fired from his job, mortgaging his home, and selling out his 401k, he was acquitted..he lived, but will never recoup his years of saving and probably is still paying on his mortgage some 15 years later.

Circumstances of each case should be considered. No chasing a burglar down the street and shooting them, no killing a person stealing the stereo out of an unattended car, etc. There should be protection from criminal prosecution and civil liability for victims in cases of clear self defense.

fightthegoodfightnow

(7,042 posts)
109. Sorry to Hear That
Sun Mar 18, 2012, 11:30 PM
Mar 2012

There is nothing worse than an innocent person being charged with a crime except perhaps an innocent person being killed. And the damage done can be life changing.

You write 'Circumstances of each case should be considered. No chasing a burglar down the street and shooting them, no killing a person stealing the stereo out of an unattended car, etc. There should be protection from criminal prosecution and civil liability for victims in cases of clear self defense.'

I don't disagree but it's seldom that clear.

 

pipoman

(16,038 posts)
110. As a self proclaimed civil libertarian
Sun Mar 18, 2012, 11:32 PM
Mar 2012

there are certainly lines for protection of the civil liberties of people accused of crimes and people who are innocent victims. Every case is different and laws cannot account for every single scenario. People who use any force against another better be pretty sure they are not being over zealous.

 

pipoman

(16,038 posts)
3. Did you even read the article you linked to?
Sat Mar 17, 2012, 11:48 PM
Mar 2012
He gets off for murder.

True...wasn't convicted by a jury of his peers, that is the way the justice system works in these parts. Some goof keyboard commando can't convict someone of something simply because he thinks the guy is guilty. Proof is essential, I like it that way. I think your way is, well, lets just say not well thought out...

But heh, he's still keeps his gun to intimidate people.

Where, oh where did you get this info? You made it up didn't you? You simply made it up..what is the definition of a lie?

Gets convicted for that but not murder.

Gets convicted for what? Did you forget a sentence? What the hell does this mean?

Does anyone really want to defend that?

Defend what? Damn dude, are you suffering sleep deprivation or something? Maybe an edit so your OP is at least in English might be good, no?

X_Digger

(18,585 posts)
5. 7 years is a felony conviction.
Sun Mar 18, 2012, 12:01 AM
Mar 2012

And under federal statutes, he can't so much as touch a single round of ammunition.

In other words, you're wrong.

Care to retract?

X_Digger

(18,585 posts)
7. Please tell me next week's lotto numbers..
Sun Mar 18, 2012, 12:09 AM
Mar 2012


Do you actually want a fascist state where people who haven't been convicted of a crime nevertheless lose their rights?!?

fightthegoodfightnow

(7,042 posts)
10. Right
Sun Mar 18, 2012, 12:19 AM
Mar 2012

...you do the lottery.

I'll be fighting what I consider a grave injustice.

Too bad you simply could not admit it was and call it a day.

But heh....you and him have a lot more in common to defend.......both of you defend your use of guns.

fightthegoodfightnow

(7,042 posts)
41. Due Process Indeed
Sun Mar 18, 2012, 08:25 AM
Mar 2012

Is that what the victim of gun violence got? Due process?

A slayer without a sword can't slay.

fightthegoodfightnow

(7,042 posts)
120. You are responding to your own post
Mon Mar 19, 2012, 07:54 PM
Mar 2012

I have no idea what you are asking me explain since it appears to have nothing to do with what I wrote.

 

pipoman

(16,038 posts)
9. Really? What part of "acquittal" don't you understand?
Sun Mar 18, 2012, 12:16 AM
Mar 2012

Do you favor ex parte summary convictions?

acquittal n. what an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.


http://legal-dictionary.thefreedictionary.com/acquittal
 

pipoman

(16,038 posts)
18. I have defended hundreds of convicted felons
Sun Mar 18, 2012, 12:45 AM
Mar 2012

accused of crimes they didn't commit..civil libertarianism is a passion.. Again, do you wish for no system of justice? How progressive..

fightthegoodfightnow

(7,042 posts)
19. Good for You
Sun Mar 18, 2012, 01:16 AM
Mar 2012

What nobility......and such a well framed question....Would it also be true you defended a lot of guilty people who got away with felonies like murder?

Your point is well taken.....but it doesn't diminish the fact that someone charged with murder used a gun to intimidate someone after the trial.

 

pipoman

(16,038 posts)
22. No, that isn't what the article says at all..
Sun Mar 18, 2012, 01:29 AM
Mar 2012
In addition to sending threatening online messages to the woman, prosecutors said Jones made a gesture threatening to shoot her on one occasion and nearly ran her over with his car on another.


No mention of actually using a gun.

Would it also be true you defended a lot of guilty people who got away with felonies like murder?

No. Usually the guilty ones received convictions. Most civil libertarians .and just people on the streets, would rather 5 guilty went free than one innocent be convicted..

fightthegoodfightnow

(7,042 posts)
24. Right
Sun Mar 18, 2012, 01:38 AM
Mar 2012

I bet you are a very good attorney. LOL.

Point and clicking with a finger....nah......he didn't have a gun......really he didn't.

As for defending the guilty, I'll let the finality of your 'no' followed by 'usually' speak for itself. When is it 'unusual'? Just with other attorneys?




.

 

pipoman

(16,038 posts)
30. Your punctuation is as
Sun Mar 18, 2012, 01:49 AM
Mar 2012

screwed up as the English in your OP if you are actually trying to convince anyone you meant what you are now claiming to have meant..LOL indeed..

 

pipoman

(16,038 posts)
33. This thread isn't about guns
Sun Mar 18, 2012, 01:56 AM
Mar 2012

never was. It's about your desire to jail people for crimes for which they have been acquitted.

fightthegoodfightnow

(7,042 posts)
34. Nonsense
Sun Mar 18, 2012, 02:05 AM
Mar 2012

it's about a violent threatening person who was acquitted of murder and later convicted of making threats about shooting someone.

Leave it to you to say it's not about guns.


 

pipoman

(16,038 posts)
38. The only actual gun in the story
Sun Mar 18, 2012, 02:11 AM
Mar 2012

was the gun used to shoot the victim that the defendant in question was acquitted of using. Unless there is more to the story (and I'm sure there is), this article has not one thing to do with guns, unless you count this as a gun.

 

pipoman

(16,038 posts)
139. I've been threatened many times
Wed Mar 21, 2012, 10:42 PM
Mar 2012

some credible, some not. I carried a gun every day for 15+ years. Making a credible threat on someone's life is a crime. Guess what? This guy in question was convicted of threatening someone and is going to jail for it. You however continue to insist he got away with murder even though he was acquitted by a jury of those charges..(Remember? Acquitted=A finding of Not Guilty) He went through the justice system and was found not guilty. Nobody is saying the guy is a choir boy, or even that he wasn't a credible threat.

AtheistCrusader

(33,982 posts)
138. I've already answered your question once.
Wed Mar 21, 2012, 09:39 PM
Mar 2012

No more, either answer my question in good faith, or have a nice day.

fightthegoodfightnow

(7,042 posts)
36. No
Sun Mar 18, 2012, 02:08 AM
Mar 2012

It's about a violent person acquitted of murder who threatened to kill someone with a gun and was convicted of threatening to kill someone with a gun.

But heh....leave it to you to say it's not about guns.

 

pipoman

(16,038 posts)
27. people love to hate attorneys
Sun Mar 18, 2012, 01:43 AM
Mar 2012

until they or someone they love needs one. I bet if you flattened the neighbor kid as you pulled out of your driveway you would not terry in hiring one of those vermin, huh? If you haven't ever hired an attorney you are a rare breed..

 

pipoman

(16,038 posts)
34. You really do have
Sun Mar 18, 2012, 02:05 AM
Mar 2012

a huge problem with reading comprehension don't you. How about you quote where I said you hate anyone.

Oneka

(653 posts)
49. "used a gun to intimidate someone after the trial."
Sun Mar 18, 2012, 11:09 AM
Mar 2012

And was convicted of his crime and sentenced to 7 years in prison. What was the problem again?

krispos42

(49,445 posts)
123. So what's your opinion of Don Siegelman?
Mon Mar 19, 2012, 11:47 PM
Mar 2012

Are you fighting his appeals? Cheering on the Alabama State Attorneys?

Will you be upset if his conviction is overturned?

gejohnston

(17,502 posts)
15. Was his gun legal in DC?
Sun Mar 18, 2012, 12:34 AM
Mar 2012

I'm betting not, and I'm betting that has been plea bargained away. Since neither one of us was sitting in the jury box, we don't know what the reasonable doubt was.
Either way, when he gets out, being caught touching a gun will send him to federal prison for at least five years.

 

PavePusher

(15,374 posts)
69. O.K., it appears you are correct, not sure what I was thinking of.
Sun Mar 18, 2012, 06:06 PM
Mar 2012
http://en.wikipedia.org/wiki/Double_Jeopardy_Clause

But, depending on evidence discovered, it seems the person in question could be charged with a different crime, like Second degree murder if previously aquitted of first degree.

 

PavePusher

(15,374 posts)
72. I don't like being wrong....
Sun Mar 18, 2012, 06:19 PM
Mar 2012

...but unfortunately, I'm pretty good at it. Lots of practice.

But it hardly ever happens any more....

GreenStormCloud

(12,072 posts)
39. Because some people abuse a right does not mean the right should eliminated.
Sun Mar 18, 2012, 06:16 AM
Mar 2012

Legal gun owners rarely abuse the right.

 

Remmah2

(3,291 posts)
126. A "gesture" not indicate a firearm was used.
Tue Mar 20, 2012, 10:03 AM
Mar 2012

"Shortly after Jones was released from jail, prosecutors said he “embarked on a campaign to threaten and harass” two witnesses, a woman and her child, who testified against him during the murder trial. In addition to sending threatening online messages to the woman, prosecutors said Jones made a gesture threatening to shoot her on one occasion and nearly ran her over with his car on another."



Specifically: "Jones made a gesture threatening to shoot her". Was a firearm used or did he point his finger?

I can't find anything in the article that indicates he was a legal firearm owner, let alone owned a firearm as part of his gesture intimmidation. He used a car to attempt to run her down. Was he a licensed driver? Why wasn't his license revoked and his car confiscated?

How does the second amendment guarantee this felons right to keep his guns? No such statement was made in the article.

Personally I hope the dolt goes away for another 20-40 years. The article has nothing to do with the second amendment or firearms, it's about bastardized justice.



Latest Discussions»Issue Forums»Gun Control & RKBA»The Right to Keep and Bea...