(11-27-2023 12:12 PM)WKUYG Wrote: (11-27-2023 11:58 AM)tanqtonic Wrote: (11-27-2023 11:20 AM)WKUYG Wrote: (11-27-2023 10:53 AM)mlb Wrote: (11-27-2023 10:51 AM)WKUYG Wrote: Your arguments keep getting sillier....
the kid was in jail and went on trial fighting for his freedom for the next 60 years.
He won based on it being self defense. Not sure what your point is here.
The point is he had to PROVE his innocents and was charged for protecting himself. After being shot at, hit with a skateboard, and a gun pointing at him at the time he choose to protect himself.
This cop never had to do that and prove he was in fear of his or others life or great bodily danger, From a small woman trying to get through a window still 15 to 20 or so feet from him.
The fact you can't seem to understand the difference....
I will just leave it at that and not say what I started to
mlb never said the shooting of of Babbit was a self-defense issue. He equated the situation to a justified killing -- *like* or similar to the use of the Castle Doctrine,
WaSo went off on a tangent yelling 'Kyle Rittenhouse'. Whom WaSo seems to not understand similarly employed a justification-style defense.
The killing of Babbit, and the Rittenhouse affair all have the common thread of a justification-style defense. Albeit not the exact same justification defense.
And no -- Rittenhouse did not have to *prove* his innocence. Once successfully raised, the state must prove that the defense cannot be applied, or that Rittenouse did not meet the standards of the defense -- by the same 'beyond a reasonable doubt' standard that the state always has to meet in a criminal action.
The bottom bold....you might have TDS but you are not that damn stupid to believe that in a case like this. That kid had to PROVE it and if he hadn't took the stand he most likely would be in prison.
No -- the state had to disprove it once in play. Before you whine on 'not that damn stupid', I suggest some basic civics.
As to the bold - -maybe, maybe not. The defense had done a smashup job showing the self-defense even in the state's case in chief.
Quote:As to the Castle Doctrine I don't believe that is a tool a on duty cop can use. Especially in a public building...
Just try some basic reading comprehension. That is not what I said, nor did mlb.
The defenses of the Castle Doctrine and that of the Capitol are similar in that they are justification defenses. Just as self-defense for Rittenhouse was.
That is what I said. I did not say the cop in Capitol would be able to utilize the Castle Doctrine.
Quote:the Castle Doctrine makes it clear "your home," "your car", Your safety" or to stop a felony that is causing great bodily harm.
It also has this....
"individuals have the right to use reasonable force"
Nice tangent, but far from what I actually said.
Quote:If this happened , just as it did, outside of our home, to me, you, MIB, or 99% of Americans we would have been charged. Let me put it this way you are standing on on the driver side of your car with your family. A person breaks the window on the other side and tries to climb into your car. You shoot and kill them....
you are going to prison
First, your example above is idiotic. Some dumb*** is going to break the window on the passenger side of the car, crawl through the car to get to me standing on the other side?
The better example is if I am standing on the other side of window, period. Someone breaks it and tries crawling through it to get at me? Depending on other factors there very well could be a self-defense defense available and successful. Absolutely.
Second, the self-defense, Castle Doctrine, and shooting of someone in a highly restricted space are all related by being what is known as 'justification defenses' -- that is the killing was done by me, but under circumstances that make it allowable. *That* is point I took from mlb's comment -- not that the speccific Castle Doctrine applies.
Given the extreme sensitivity of the inner Congressional Chamber, and the presence of literally hundreds of people outside wood frame and glass doors, and plate glass windows --- yes, I surmise the Capitol Police specifically *at* that place, *with* the joint session of Congress just at their backs, *with the Vice President present, and with a mob that was literally breaking down the barriers there -- I am not surprised at all that there would be a justification to shoot.
If there was a banquet ballroom, and *just* the VP were on the stage, when 100-200 rioters ripped at the doors and threw them open and tried to swarm the room, after they had exhibited violent behavior elsewhere in the building -- again I would not be surprised if LE shot then and there. If there was a tangible, present threat to the safety of the VP -- yes, there is probably a very good justification for shooting.
The LE would seemingly have a pretty good justification defense in shooting at that juncture.