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Murder or Self Defense?
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Rogue Jedi
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quote: (post)
Originally posted by Bardock42
Well, try it. Maybe you can conceive of the perfect murder.
No answer then?


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Old Post Jul 7th, 2008 10:02 PM
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BackFire
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quote: (post)
Originally posted by Rogue Jedi
Thats the thing, what evidence is there? Besides the shooters word?


There doesn't HAVE to be evidence, there has to be DOUBT. Doubt - reasonable doubt - is all there needs to be in order for someone to be found innocent. Evidence is what the side trying to prove guilt needs.

You're applying the burden of proof on the wrong side. Stop it.

quote: (post)
Originally posted by Rogue Jedi
Lets say I have a concealed weapons permit. I carry a Beretta. Police arrive on the scene after I shot two guys dead, two guys that were jacking someone else, not me.

They see the two jackers shot in the back, one of them while apparently fleeing. I say "I was fearing for my life."

Justice or murder?


Neither. You're creating a false dilemna by acting as if those are the only two options. It was a hectic and unfortunate situation in which some people were killed, and no one was in the right.

That would probably be manslaughter at most. But that situation you describe is missing one important aspect - one of the criminals charged him. That makes it self defense.


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Last edited by BackFire on Jul 7th, 2008 at 10:11 PM

Old Post Jul 7th, 2008 10:04 PM
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WanderingDroid
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Here is a summary:

Two idiot robbers enter the house of an A-hole and get shot.

K.I.S.S.


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Old Post Jul 7th, 2008 10:07 PM
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BackFire
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That's not what happened, WD. They didn't enter his house.


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Old Post Jul 7th, 2008 10:08 PM
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Röland
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quote: (post)
Originally posted by Rogue Jedi
Lets say I have a concealed weapons permit. I carry a Beretta. Police arrive on the scene after I shot two guys dead, two guys that were jacking someone else, not me.

They see the two jackers shot in the back, one of them while apparently fleeing. I say "I was fearing for my life."

Justice or murder?

Neither.


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Old Post Jul 7th, 2008 10:09 PM
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WanderingDroid
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That was my Evil Twin. Don't blame me.


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Old Post Jul 7th, 2008 10:10 PM
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Bardock42
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quote: (post)
Originally posted by Rogue Jedi
No answer then?


I have no training or knowledge in that subject beyond reading a bunch of Detective Conan and watching some CSI. But I assume that there are some ways to gather evidence, we have been doing it for a good thousands of years.

So, the answer to your question whether you could possibly do that is "yes", the answer to your question whether I would like it is "no", the answer to the not yet stated, but implied, though not connected, question "Do you therefore think he should have been convicted even though there was reasonable doubt" is "No, certainly not".

But nice try.


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Old Post Jul 7th, 2008 10:10 PM
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quote: (post)
Originally posted by Röland
Neither.
So? What is it then?


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Old Post Jul 7th, 2008 10:10 PM
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Röland
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quote: (post)
Originally posted by Rogue Jedi
So? What is it then?

I don't know what to call it.

But given the situation you described, it sounds like it could be called heroism, depending on how one looks at it, seeing as how you stopped a person from being harmed.


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Old Post Jul 7th, 2008 10:12 PM
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tsilamini
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quote: (post)
Originally posted by BackFire
Incorrect.

1. It was a 911 operator, not a police officer.

2. He was on his property the entire time. He can have a gun on his property.

He didn't commit a crime.


I was unaware of that, I would have thought they might have some authority


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Old Post Jul 7th, 2008 10:14 PM
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BackFire
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He should have listened to the operator. But not doing so isn't committing a crime, as far as I know.


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Old Post Jul 7th, 2008 10:14 PM
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quote: (post)
Originally posted by BackFire
There doesn't HAVE to be evidence, there has to be DOUBT. Doubt - reasonable doubt - is all there needs to be in order for someone to be found innocent. Evidence is what the side trying to prove guilt needs.

You're applying the burden of proof on the wrong side. Stop it.

The reasonable doubt is that he shot a fleeing man in the back. Whether he was found guilty or not, do you think that was justified?


quote:
Neither. You're creating a false dilemna by acting as if those are the only two options. It was a hectic and unfortunate situation in which some people were killed, and no one was in the right.

That would probably be manslaughter at most. But that situation you describe is missing one important aspect - one of the criminals charged him. That makes it self defense.
My whole argument is based on him giving only his word that he was charged. You think someone in his situation is gonna say different? You really think he is telling the truth?


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Old Post Jul 7th, 2008 10:16 PM
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tsilamini
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quote: (post)
Originally posted by BackFire
He should have listened to the operator. But not doing so isn't committing a crime, as far as I know.


I agree if it isn't a crime

I don't like it, but if he pulled a gun and the guy charged at him.....

Though I don't personally believe "stressful situation" is a very good defense for killing the fleeing guy.


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Old Post Jul 7th, 2008 10:18 PM
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BackFire
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RJ, I said this before and I'll say it again since you apparently missed it the first time. They have ways of gathering evidence. Do you not think there were CSI guys there looking for footprints to back up the claim? It happened on the guy's lawn, there will be something there to back up the claim if it were true. The fact that the claim held up in court shows that they had something more to go on than his word. They can look at the position of the bodies, they can look at the way in which the grass is bent/broken, the way the dirt under the grass is situated, how much dirt is in the crevices of the shoe of the person who supposedly charged him. You act as if the court just said "Well, he said they charged, must be true, case closed". Obviously not the case.

And no, shooting the man in the back wasn't justified. Never said it was. In fact, I said the man was in the wrong. That doesn't mean it's murder, though. At that point he was probably panicked and mentally he was probably not in his right mind, not thinking straight, especially if he had just been charged. It probably all happened so fast that he didn't even think about it, he probably just fired several shots before even realizing it. So no, not justified, but understandable.


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Last edited by BackFire on Jul 7th, 2008 at 10:26 PM

Old Post Jul 7th, 2008 10:20 PM
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quote: (post)
Originally posted by BackFire
He should have listened to the operator. But not doing so isn't committing a crime, as far as I know.


It isn't. They give "suggestions", not lawful orders.


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Old Post Jul 7th, 2008 10:20 PM
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Bardock42
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quote: (post)
Originally posted by Rogue Jedi
You think someone in his situation is gonna say different? You really think he is telling the truth?


That's idiotic. I am sure you committed at least 2 maybe three logical fallacies in that post.


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Old Post Jul 7th, 2008 10:23 PM
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Rogue Jedi
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quote: (post)
Originally posted by inimalist
I was unaware of that, I would have thought they might have some authority
This is what I yahoo'd, not really helpful, but here it is:

http://www.pcc.edu/programs/emergency-911/


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Old Post Jul 7th, 2008 10:26 PM
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Quiero Mota

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quote: (post)
Originally posted by Bardock42
That's idiotic. I am sure you committed at least 2 maybe three logical fallacies in that post.


Not only that:

quote: (post)
Originally posted by BackFire
You act as if the court just said "Well, he said they charged, must be true, case closed". Obviously not the case.


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Old Post Jul 7th, 2008 10:27 PM
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Rogue Jedi
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quote: (post)
Originally posted by BackFire
So no, not justified, but understandable.
THIS is all I am saying.


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Old Post Jul 7th, 2008 10:28 PM
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quote: (post)
Originally posted by Bardock42
That's idiotic. I am sure you committed at least 2 maybe three logical fallacies in that post.
Not an answer, but OK.


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All the ways you wish you could be, that's me. I look like you wanna look, I **** like you wanna ****, I am smart, capable, and most importantly, I am free in all the ways that you are not.

Old Post Jul 7th, 2008 10:29 PM
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