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SW-User
The problem with stand-your-ground laws is it makes it difficult to prosecute someone who claims self-defense even if it’s bullshit. The only reason Michael Drejka was convicted is because video proved the attacker was walking away from him, so Drejka was not justified in shooting him.
But the law almost makes it legal to start a fight with someone and kill them if you start losing.
But the law almost makes it legal to start a fight with someone and kill them if you start losing.
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BlueVeins · 22-25
@SW-User Not really, you still have to prove that they attacked you. Self defense is already an affirmative defense, which overwhelmingly benefits the prosecution as-is. I'm unfamiliar with the case you're describing, but the issue of one person's word against another isn't specific to stand your ground laws; the jury ultimately has to make up its mind about whether or not someone was attacking you and that often involves weight people's accounts against one another.
That said, if it was just the one dude's firsthand account that homeboi lunged, it would be ridiculous for the jury to say that that's enough evidence. Maybe the issue, to that end, isn't the way the law is structured so much as the mindsets of the kind of states & counties that write these laws... which I guess is kinda what you're poking at in the last sentence.
That said, if it was just the one dude's firsthand account that homeboi lunged, it would be ridiculous for the jury to say that that's enough evidence. Maybe the issue, to that end, isn't the way the law is structured so much as the mindsets of the kind of states & counties that write these laws... which I guess is kinda what you're poking at in the last sentence.
SW-User
@BlueVeins It was Florida again. Does seem to often be Florida. There was a discussion about this case on a podcast I was listening to, and they brought up that older, white patriarchs are often found not guilty in these cases (don't have the numbers on it though). In this case, the victim was also white, but significantly younger.
I do think people should be allowed to defend themselves if physically attacked (i.e. "fuck around and find out", which is part of why despite what most of the left was saying, I think Kyle Rittenhouse probably was justified in shooting whom he did). The problem is, often all you have to claim (especially if you're a cop) is that you "felt threatened", which is much more nebulous than actually being attacked.
I do think people should be allowed to defend themselves if physically attacked (i.e. "fuck around and find out", which is part of why despite what most of the left was saying, I think Kyle Rittenhouse probably was justified in shooting whom he did). The problem is, often all you have to claim (especially if you're a cop) is that you "felt threatened", which is much more nebulous than actually being attacked.
BlueVeins · 22-25
@SW-User Yeah, I think it would be great if jurors were explicitly advised to be skeptical of self defense claims, and told the exact threshold at which self defense becomes legal. I go back and forth on whether or not Rittenhouse was justified on a moral level, but it seems foolish to set the precedent that anyone who goes out while armed during a protest is essentially blamed for whatever happens to them. Honestly, I don't feel overly confident on these issues & I kinda want someone else to decide them for me lol
CountScrofula · 41-45, M
I find the American power fantasy of being the good guy with a gun defending their family from a home intruder endlessly fascinating.
BlueVeins · 22-25
@CountScrofula Same, & I also find the practice of locking people up for shit shat shouldn't be illegal at the highest rate on Earth kinda wacky. We need a system-wide overhaul.
Im too told to run, and if you break into my place, you dont really value your own life.