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#2
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![]() B2431 wrote: From: "Jim Doyle" "Jim Yanik" wrote in message ... "Jim Doyle" wrote in : SNIP And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. It is simply NOT a matter of being judge, jury and executioner. Shooting is not the first choice. If the badguy doesn't retreat and you feel threatened then it's the badguy's fault, no one else's. The trouble is, this isn't what other people have been saying. Some have been saying... more or less, that shooting is the first response to an intruder.. even before you know anything about the intent (like, the person knocking on the door asking "Excuse me, can you tell me where I can find..." Let's try a nonlethal analogy. Badguy enters your house and threatens your children. You break his knee cap with a 9 iron. Badguy will never walk normal again. Whose fault is it? The badguy set up the scenario, the badguy committed a felony just entering an occupied dwelling (ever notice the penalties are higher for occupied dwellings than for unoccupied? There's a reason) The bad guy made threats. You have to act. Someone breaks into your house and threatens the family... you can use reasonable force to defend yourself or others... If the guy is still alive afterwards... well, they was lucky... But you shouldn't have a hand gun, and that shotgun had better have been secured when you grabbed it (and got the ammo out of another locked cabinet). Technically you shouldn't have the golf club lying handy (it implies premeditation, however, I don't see a jury convicting and neither will the police), but pulling one out of the golf bag is ok.... As an aside, I used to teach NRA courses including home protection. The word kill is never used and part of the course is taught by a lawyer and/or a law enforcement officer. We teach to "stop" the aggressor. If that means you have to kill then do it. In the United States laws suits are too common. The 9 iron scenario above would most likely result in the home owner being sued with the bad guy winning. I don't think any intruder who gets whacked while engaged in 'home invasion' has a chance of even getting the case to court, let alone winning. OTOH we tend not to sue at the drop of a hat in NZ... As long as the householder used reasonable force there is no chance of them being sued. Dan, U.S. Air Force, retired |
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Kerryn Offord wrote in
: B2431 wrote: From: "Jim Doyle" "Jim Yanik" wrote in message 1... "Jim Doyle" wrote in : SNIP And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. It is simply NOT a matter of being judge, jury and executioner. Shooting is not the first choice. If the badguy doesn't retreat and you feel threatened then it's the badguy's fault, no one else's. The trouble is, this isn't what other people have been saying. Some have been saying... more or less, that shooting is the first response to an intruder.. even before you know anything about the intent (like, the person knocking on the door asking "Excuse me, can you tell me where I can find..." We WERE discussing intruders already IN the home. Someone brought out that bit about shooting someone knocking on their door,probably in reference to the Hattori shooting,a rare incident. That's something I would not have done.No threat as they are on the outside,and not trying to get in.Once they begin breaking in,however,all bets are off. -- Jim Yanik jyanik-at-kua.net |
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From: Kerryn Offord
B2431 wrote: From: "Jim Doyle" "Jim Yanik" wrote in message 1... "Jim Doyle" wrote in : SNIP And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? Otherwise you'd pursue a non-lethal method of self-protection. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. It is simply NOT a matter of being judge, jury and executioner. Shooting is not the first choice. If the badguy doesn't retreat and you feel threatened then it's the badguy's fault, no one else's. The trouble is, this isn't what other people have been saying. Some have been saying... more or less, that shooting is the first response to an intruder.. even before you know anything about the intent (like, the person knocking on the door asking "Excuse me, can you tell me where I can find..." Agreed. Let's try a nonlethal analogy. Badguy enters your house and threatens your children. You break his knee cap with a 9 iron. Badguy will never walk normal again. Whose fault is it? The badguy set up the scenario, the badguy committed a felony just entering an occupied dwelling (ever notice the penalties are higher for occupied dwellings than for unoccupied? There's a reason) The bad guy made threats. You have to act. Someone breaks into your house and threatens the family... you can use reasonable force to defend yourself or others... If the guy is still alive afterwards... well, they was lucky... But you shouldn't have a hand gun, and that shotgun had better have been secured when you grabbed it (and got the ammo out of another locked cabinet). I don't know if you have any experience with guns, but I know how long it takes to unlock my ammo locker and my gun safe. I also know how long it takes to load any of my guns. By the time I have done it the bad guy is going to have had plenty of time to do what he wants. Do you seriously expect the bad guy to stand there and wait until you have armed yourself? Technically you shouldn't have the golf club lying handy (it implies premeditation, however, I don't see a jury convicting and neither will the police), but pulling one out of the golf bag is ok.... It shouldn't matter at all where a weapon is stored. Premeditation implies I intended to harm or kill that specific bad guy. It also implies I went out of my way to do it. Self defense by whatever means is NOT premeditated murder. As an aside, I used to teach NRA courses including home protection. The word kill is never used and part of the course is taught by a lawyer and/or a law enforcement officer. We teach to "stop" the aggressor. If that means you have to kill then do it. In the United States laws suits are too common. The 9 iron scenario above would most likely result in the home owner being sued with the bad guy winning. I don't think any intruder who gets whacked while engaged in 'home invasion' has a chance of even getting the case to court, let alone winning. OTOH we tend not to sue at the drop of a hat in NZ... As long as the householder used reasonable force there is no chance of them being sued. You may not be law suit crazy in NZ, but it's unbeliebably rampant here in the U.S. Have you heard about the grandmother who won a law suit for burning herself with coffee she had just bought from MacDonald's? She was the passenger in that car which was stopped at the time of the incident. There are criminals who sue and win for injuries incurred during the commision of their crimes. Doctors get sued because a baby is not born perfect. Feel free to research this. You may get quite a few laughs. Dan, U.S. Air Force, retired |
#5
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![]() B2431 wrote: From: Kerryn Offord B2431 wrote: SNIP Someone breaks into your house and threatens the family... you can use reasonable force to defend yourself or others... If the guy is still alive afterwards... well, they was lucky... But you shouldn't have a hand gun, and that shotgun had better have been secured when you grabbed it (and got the ammo out of another locked cabinet). I don't know if you have any experience with guns, but I know how long it takes to unlock my ammo locker and my gun safe. I also know how long it takes to load any of my guns. By the time I have done it the bad guy is going to have had plenty of time to do what he wants. Do you seriously expect the bad guy to stand there and wait until you have armed yourself? I was talking about the NZ situation re getting the weapon from a secured gun safe (although I think you can have weapons on the wall as long as they have a trigger lock...) As for getting a gun from a cabinet..., the one case I can think of where a householder used a legally owned handgun to kill an intruder, did just that.. And the rules for securing handguns in NZ are pretty strict. As for the bag guy... As soon as he (most of them are he) to have done a runner as soon as they think they have woken someone... They really don't like any noise and are liable to run at the first sound.... Technically you shouldn't have the golf club lying handy (it implies premeditation, however, I don't see a jury convicting and neither will the police), but pulling one out of the golf bag is ok.... It shouldn't matter at all where a weapon is stored. Premeditation implies I intended to harm or kill that specific bad guy. It also implies I went out of my way to do it. Self defense by whatever means is NOT premeditated murder. Nope the premeditation implies you intended to use maybe excessive force, if you grab a golf club from a bag (and you play golf)... then its an spur of the moment action. Premeditated doesn't need a specific victim/ target, otherwise those guys convicted in that sniper case couldn't be convicted of murder (the targets were random) SNIP I don't think any intruder who gets whacked while engaged in 'home invasion' has a chance of even getting the case to court, let alone winning. OTOH we tend not to sue at the drop of a hat in NZ... As long as the householder used reasonable force there is no chance of them being sued. You may not be law suit crazy in NZ, but it's unbeliebably rampant here in the U.S. Have you heard about the grandmother who won a law suit for burning herself with coffee she had just bought from MacDonald's? She was the passenger in that car which was stopped at the time of the incident. There are criminals who sue and win for injuries incurred during the commision of their crimes. Doctors get sued because a baby is not born perfect. Feel free to research this. You may get quite a few laughs. Re the McDs coffee... it does sound extreme, until you find that McDs coffee was being served much hotter than anybody else was, and that they had been warned about serving it so hot (especially at a drive in window). |
#6
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"Jim Doyle" wrote in
: "Jim Yanik" wrote in message .. . "Jim Doyle" wrote in : No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. 'ODC' - surely that would indicate a responsibility to preserve life? You seem to have this thing that life is SO precious that one should suffer to have violent criminals loose in one's society. And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. The act of shooting at a person may result in their death. Luck of the draw if it's not fatal, but the intention is to kill, is it not? No,it's to stop the assault.If one were intent on killing,one would walk up to the wounded person and give them a head shot at close range.THAT would be acting as judge,jury,and executioner,and would be criminal. But if it is fatal,well,no great loss.One less criminal to worry about. Otherwise you'd pursue a non-lethal method of self-protection. Which has a much higher chance of NOT WORKING,thus increasing the risk to the ordinary decent citizen.Even the police have not managed to reliably achieve this "non-lethal" stuff yet. You'd have people relying on less-than reliable methods of self-defense,just to make YOU feel good. Sorry,no thanks. So yes, you are engaging a person who could die as a result of your actions, and according to you they deserve to die for the situation in which you both find yourselves - that's as good as sentencing them to death. In fact - it is. Hey,it's THEY who would be sticking their neck into the guillotine,and thus their choice to risk themselves. OTOH,you would rather the ODCs bear the risks of being harmed,in the search for some imaginary sense of security.You would rather that everyone suffer the costs of crime,just because you believe criminal's lives are somehow precious. -- Jim Yanik jyanik-at-kua.net |
#7
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![]() Jim Yanik wrote: "Jim Doyle" wrote in : SNIP No, the life of a criminal of the type you describe is worthless. Genuinely. Yet there is a distinction between him and some random hard-up opportunist burglar with a family to feed. Granted, he's in the wrong - but not deserving of a death sentence. But it's the CRIMINAL'S risk. OTOH,you would rather have the ODC bear the risks. And once again,getting shot is NOT always a "death sentence". Nice try at emotionalizing the issue,though. Use of a firearm is considered 'deadly force' (in NZ). By legal definition, use of a firearm means intent to kill (unless no attempt is made to fire at the person (shooting into the air etc.) So, although not every shooting will result in death, legally you are attempting to kill someone when you shoot at them (hence, 'death sentence' and 'judge, jury, and executioner') |
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