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RE: Stand Your Ground Law - fredtoast - 07-26-2018

(07-26-2018, 05:14 PM)PhilHos Wrote: Not disputing anything you said, but is there a standard for when something is considered PHYSICAL.

The term "physical" does not matter.  All that matters is a reasonable perceived threat.


If I pull a knife on you that is an assault even if I don't touch you.  And you don't have to wait until someone stabs you to defend yourself.

On the other hand if a person is standing a few feet away he call yell all sorts of dirty names at you but if he does not threaten imminent violence it is not a threat.  However if he gets close enough to hit you and is yelling in your face that is generally considered a threat.


RE: Stand Your Ground Law - Bengalzona - 07-26-2018

(07-26-2018, 04:59 PM)bfine32 Wrote: Bend over; I'll come by and show you.

I don't bend anymore.

Besides, Trump is already up there.


RE: Stand Your Ground Law - Bengalzona - 07-26-2018

(07-26-2018, 05:07 PM)PhilHos Wrote: I'mma just leave this here:

https://www.forbes.com/sites/paulhsieh/2018/03/20/any-study-of-gun-violence-should-include-how-guns-save-lives/#6ec13afd5edc

And Imma gonna just roll my eyes and agree that, yes, it is controversial.


And just so you know, Davy Crockett had THREE ears: a left ear, a right ear and a wild front ear.


RE: Stand Your Ground Law - Beaker - 07-26-2018

(07-26-2018, 05:40 PM)Bengalzona Wrote: And just so you know, Davy Crockett had THREE ears: a left ear, a right ear and a wild front ear.

[Image: tenor.gif?itemid=10765830]


RE: Stand Your Ground Law - TheLeonardLeap - 07-26-2018

(07-26-2018, 05:26 PM)fredtoast Wrote: As many of you know I have often commented on how both sides try to manipulate gun violence statistics to promote their position, and there are clearly some problems with the numbers in this story.

For example he claims that there are just as many defensive gun uses as violent crimes and that these defensive uses saved 162,000 lives.  Yet the statistics show that there are 34 times more gun murders than defensive killings.  

I don't want to ban guns.  I own a gun.  I just think we need some reasonable laws that help keep guns out of the hands of criminals without restricting the rights of law abiding citizens.

Often a gun is used in self defense without ever having to be fired.

A person pulls a knife on you, or tries to carjack you, or tries to rob your convenience store/delivery vehicle, or break into your house... generally simply brandishing a gun is enough to save you.

Most people find completing their crime less important than not getting shot.


RE: Stand Your Ground Law - fredtoast - 07-27-2018

(07-26-2018, 11:59 PM)TheLeonardLeap Wrote: Often a gun is used in self defense without ever having to be fired.

A person pulls a knife on you, or tries to carjack you, or tries to rob your convenience store/delivery vehicle, or break into your house... generally simply brandishing a gun is enough to save you.

Most people find completing their crime less important than not getting shot.

Yes, I know.  It works both ways.  Guns are used by criminals many times without being fired.  Counting murders, assaults, and robberies there are only about 250,000 gun violence crimes in the US each year.  This article tries to claim that there were more defensive gun uses than actual crimes committed and that just is not true.  The claims of 3 million DGU's and 162,000 lives saved are absurd.

Again, remember that I agree that law abiding citizens should be allowed to own guns for self defense.  I just think these number are not accurate at all.  I just don't see how there could be over ten times as many DGUs as gun crimes and over TWO HUNDRED times as many lives saved as gun murders when there are 34 times as many gun murders as defensive killings.


RE: Stand Your Ground Law - bfine32 - 07-27-2018

(07-26-2018, 05:30 PM)fredtoast Wrote: The term "physical" does not matter.  All that matters is a reasonable perceived threat.


If I pull a knife on you that is an assault even if I don't touch you.  And you don't have to wait until someone stabs you to defend yourself.

On the other hand if a person is standing a few feet away he call yell all sorts of dirty names at you but if he does not threaten imminent violence it is not a threat.  However if he gets close enough to hit you and is yelling in your face that is generally considered a threat.

This analogy would make sense if the woman had pushed him.


RE: Stand Your Ground Law - fredtoast - 07-27-2018

(07-27-2018, 02:01 PM)bfine32 Wrote: This analogy would make sense if the woman had pushed him.




A third party is allowed to defend a person who is in threat of imminent bodily harm.


RE: Stand Your Ground Law - bfine32 - 07-27-2018

(07-27-2018, 02:06 PM)fredtoast Wrote: A third party is allowed to defend a person who is in threat of imminent bodily harm.

Perhaps so, but that wasn't the situation in your analogy when explaining this situation.

So that I'm tracking that I am within my rights. If I see someone yelling at someone else I have the right to shove them to the ground?


RE: Stand Your Ground Law - GMDino - 07-27-2018

Did he shove the weasel to the ground?  Or did he push in between the guy and his gf and  the coward fell?

Edit: Finally watched the video. Looks like the coward fell off the curb after a two handed shove. The victim then backed away from him and the SOB pulled his gun and fired.

Charges or not I hope he suffers greatly for what he did.


RE: Stand Your Ground Law - fredtoast - 07-27-2018

(07-27-2018, 02:57 PM)bfine32 Wrote: So that I'm tracking that I am within my rights. If I see someone yelling at someone else I have the right to shove them to the ground?

Not all "yelling" is a threat, but if the person being yelled at seems to be threatened with imminent physical violence then you can intervene.

In this case the man was right in the woman's face yelling at her.  That usually justifies a perceived threat.  If he had been standing back yelling at her and not approaching her then no.


RE: Stand Your Ground Law - fredtoast - 07-27-2018

(07-27-2018, 03:03 PM)GMDino Wrote:  The victim then backed away from him and the SOB pulled his gun and fired.

That is the key point.  If the boyfriend had continued to attack then the guy may have been justified in shooting him, but the boyfriend actually stepped back.

I don't see any way this could be justified as a "stand your ground" defense.


RE: Stand Your Ground Law - PhilHos - 07-27-2018

(07-27-2018, 03:03 PM)GMDino Wrote: The victim then backed away from him and the SOB pulled his gun and fired.

If this is true (can't see the video at work), then i don't see how this can be a "Stand Your Ground" defense. I get that the law is not a literally someone coming after you defense, but an unarmed individual backing up is usually a sign of waiting to see what you do; they're ready to fight, but they're waiting for you to make the next move.


RE: Stand Your Ground Law - BmorePat87 - 07-27-2018

(07-27-2018, 03:12 PM)PhilHos Wrote: If this is true (can't see the video at work), then i don't see how this can be a "Stand Your Ground" defense. I get that the law is not a literally someone coming after you defense, but an unarmed individual backing up is usually a sign of waiting to see what you do; they're ready to fight, but they're waiting for you to make the next move.

The law is vague and only requires you to have a reasonable belief you are in great bodily harm. 

This doesn't mean he won't get charged. The State's attorney could decide he did not have a reasonable belief once the victim backed away and may charge him. The only thing that has happened so far is that the local law enforcement did not arrest him, believing no crime was committed. 


RE: Stand Your Ground Law - bfine32 - 07-27-2018

(07-27-2018, 03:10 PM)fredtoast Wrote: That is the key point.  If the boyfriend had continued to attack then the guy may have been justified in shooting him, but the boyfriend actually stepped back.

I don't see any way this could be justified as a "stand your ground" defense.

I believe the reasoning provided is that we cannot substitute our perception for that of thimbledick's. probably looks a whole lot less ominous viewing it in 3rd person as opposed to first person.

WTS, I hope they determine a "reasonable person" would not view this as a threat of life and limb and charge him with a form of manslaughter. My fear is the message of no charges could send.  


RE: Stand Your Ground Law - fredtoast - 07-27-2018

(07-27-2018, 04:50 PM)bfine32 Wrote: WTS, I hope they determine a "reasonable person" would not view this as a threat of life and limb and charge him with a form of manslaughter. My fear is the message of no charges could send.  

This.

Let a jury decide the issue.  If they let him go then no one can accuse the police of being biased.

Also I want people who carry guns to know they will at least have to go to trial before they just start blowing everyone away.


RE: Stand Your Ground Law - bfine32 - 07-31-2018

Sheriff defends his position:

https://www.yahoo.com/gma/sheriff-says-made-correct-decision-florida-stand-ground-175806198--abc-news-topstories.html

Quote:The Florida sheriff who declined to arrest a white man who invoked the "stand your ground" law after shooting a black man in a parking dispute said Tuesday that he made the "correct" decision.

Pinellas County Sheriff Bob Gualtieri said at a news conference that he sticks by his decision not to arrest Michael Drejka, 47, in the shooting death of Markeis McGlockton, 28, in Clearwater, Florida.

"A lot of things have been said since this incident happened on July 19," Gualtieri said. "A whole bunch of people offered a whole bunch of different opinions. And I'd suggest to you that the mere fact that so many people have so many different opinions validates that the decision not to arrest Drejka in this stage is correct under the law."

Gualtieri said the investigation of the shooting is ongoing and the final decision on whether charges against Drejka are warranted will be up to Bernie McCabe, the Pinellas County state attorney.

"We have not turned the case over to the state attorney's office but we anticipate doing so shortly," Gualtieri said. "This is a very long route on a path and this was the first stop on that route. So just picture a bus route with a bunch of different stops and this was the first stop. This is not the final stop."



RE: Stand Your Ground Law - michaelsean - 07-31-2018

"A whole bunch of people offered a whole bunch of different opinions. And I'd suggest to you that the mere fact that so many people have so many different opinions validates that the decision not to arrest Drejka in this stage is correct under the law."

Gotta say, that’s a pretty inane justification.


RE: Stand Your Ground Law - Benton - 07-31-2018

(07-27-2018, 05:03 PM)fredtoast Wrote: This.

Let a jury decide the issue.  If they let him go then no one can accuse the police of being biased.

Also I want people who carry guns to know they will at least have to go to trial before they just start blowing everyone away.

It’s unfortunate but lots of law enforcement these days feel the need to sidestep a jury/judge. Often it’s over perceived failures of justice. I don’t think it’s indicative of the majority of officers but it’s not an uncommon belief among the ones I deal with.


RE: Stand Your Ground Law - BmorePat87 - 08-02-2018

The sheriffs office has handed the case off to the state