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On the surface this sounds like a good thing. I can, though, see a possible down side if some take it as justification to shoot when the circumstances clearly call for another course of action. It will be interesting to see how it plays out.
 
Every single state should have "stand your ground" laws... Time that victims
of crimes were given the judicial and lawful upper hand against the criminal element...

Perhaps then, just maybe, criminals would think twice before committing their dirty deeds...
 
We as the gun community need to take back the vocabulary of these arguments as the existing terms have been tainted to the public by the liberal media.

Stand Your Ground conjurers up images of George Zimmerman and the Popcorn Shooter. The terms "Self Defense Immunity" and "Protection From Frivolous Civil Lawsuits" sound more reasonable. How about "No Arrest In Absence of Probable Cause"? The SJW's would be down with that cause. The term "Castle Doctrine" may not ring true with today's millennials who pay $1000 a month for a 600 sqft box. Call it the "Safe at Home Law" because everyone should feel safe from being victimized twice by a burglar. Sprinkle in some Recovery of Attorneys Fees and Trial Expenses If Unjustly Prosecuted or Civilly Sued and we have a ballot measure.
 
I can, though, see a possible down side if some take it as justification to shoot when the circumstances clearly call for another course of action.

I don't like the idea of prosecutors getting to decide what the proper course of action is when self defense is called for. IMO Duty to run really sucks. I might agree that someone should have just run, but I wasn't there and I wasn't the one highly stressed and in danger. That said, it is true that some boneheads have no situational awareness/judgement.
 
The Burden of proof for any law they think you broke should be on the prosecutor.
Thats why you are called the " accused " and not the Guilty.

I read stuff like this and go, wait why is the need for a law to tell the Government to prove its case?
Over the years so many laws now force the innocent to prove innocent even before they are charged.

I am all for strict law enforcement, but many times police throw the probable cause claws out the window.
Stating things like that bulge under that blanket in your back see looks like a firearm LOL.
Probable cause even used to be clear evidence that a reasonable person would view it the same way.
Now its a we think, that it might possibly, appears to be something illegal .

Digressing.................I think the Government needs to be held accountable and prosecutors and judges lose their jobs
when they do not follow procedures and laws themselves in the judicial process. Best you can hope for is an appeal
why you wait in jail and even if you prove their guilt the most you get is set free they are not held accountable for misconduct. So being forced to prove a case should always be the law.
 
Digressing.................I think the Government needs to be held accountable and prosecutors and judges lose their jobs
when they do not follow procedures and laws themselves in the judicial process. Best you can hope for is an appeal
why you wait in jail and even if you prove their guilt the most you get is set free they are not held accountable for misconduct. So being forced to prove a case should always be the law.

:s0101:
 
He doesn't seem to have any functional representation.


I think it was a HUGE mistake not electing to have a trial by jury. There is no FRAKING way I'd EVER elect to have a "summary" trial by a judge "sitting on high". Just because some a-hole lawyer shystered and schmoozed their way into a black-robe doesn't mean they're not a biased, twisted... mother-bubblegummer.

Believe me, I can communicate to my peers quite effectively and could elicite PLENTY of "jury empathy", even unto "nullification". o_O
 
@bbbass I think Stomper has it correct - both are true statements - this OP was on Florida AND Oregon no duty to retreat.
No duty to retreat is not quite the same as SYG / Castle.


I agree with @DuneHopper, we shouldn't need a law to tell the Government what is already the law.

If I understand this, IANAL, If the prosecutor wants to move forward and charge the shooter, then they have to have a pre-trial hearing and prove there is motive/intent and not Self Defense / Defense of Others.

What should happen is the the prosecutor should do that anyway and never have a question -before the court or think the Jury can sort it out.

Do not kick your responsibility down the road. If you are not going to do your job, don't cash the check and find other work. (did I need a trigger warning on that?)


------
Law or not. If you have to draw your weapon and point it ... then you need to be able to articulate why you did that.

If you shoot at someone, Then you must be able to articulate why your life was in imminent danger.
And, just cause you "felt" something ain't it. Nor should the Castle statement: 'cause he was in my house. There can be cases where someone is in your house, and shouldn't be and you should not shoot them. Example: A Cop has Violated your Rights and Entered. Do Not Shoot.
 
@bbbass Law or not. If you have to draw your weapon and point it ... then you need to be able to articulate why you did that.

If you shoot at someone, Then you need to be able to articulate why you felt your life was in imminent danger.
And, just cause you "felt" something ain't it. Nor should the Castle statement: 'cause he was in my house. There can be cases where someone is in your house, and shouldn't be and you should not shoot them. Example: A Cop has Violated your Rights and Entered. Do Not Shoot.

Your opinion.

My opinion:

Disagree completely!!!! "I was in fear for my life" IIRC is a valid defense. As far as I know, we are not held to the same standards as LEOs.

Is anyone stupid enough to say "cause he was in my house" whether that is the truth or not? "I was in fear for my life!!!!!!!" BTW, many a man acting crazy and breaking into a house has been shot and no charges brought. Conversely, you shoot the guy in your shower when you get home is probably not the action a reasonable person would take. (Remember your jury instructions!)

Logic test: A robber coming into my house while I am at home (is) (isn't) likely willing to do me, or my family, harm?

A 350lb man in a dark home is possibly a lethal threat to my home alone wife. Should she wait to find out if he is? How will she know? Will he tell her? Is he required to tell her? Is she required to yell "Go away, I have a gun and I know how to use it"? Must she see a weapon on said man? If not, how close must she allow him to approach? How many warnings is she required to give?

A cop who IS violating my rights by entering my house had better announce and be showing credentials. Jeez, what kind of neighborhood do you live in that you use that as an example? Drug bust gone bad? My neighbors are old people and a coupla sweet college kids.

Advise: After a shooting, do not talk to cops!!! Call your legal representation and let them help you avoid hanging yourself with unsafe statements that make sense to you but can put you in legal jeopardy.

I don't wanna shoot anyone in my house! For one thing, it seems to leave a bloody mess that nobody helps clean up. But I have made the decision that I will use deadly force if it is needed. YOU don't get to decide if it was needed after the fact. Prosecutors shouldn't get to ignore reasonable evidence and state of mind of the homeowner and then accuse the homeowner of heinous acts without any evidence that the homeowner acted improperly.

BTW, the title of this thread was "Stand Your Ground" not duty to retreat, that is just an opinion I put in... "duty to run sucks" as a general statement. Get it? And regarding your statement that the OP was about both Florida AND Oregon... I read nothing in the link you posted regarding Oregon. That is something that Stomper brought into the conversation. Are you done giving me grief now?

I'm in a bad mood because I haven't slept in 48hrs... boo hoo. But I think I go now.
 
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