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#121067 - 01/22/08 03:56 PM Re: Aluminum Bat for Home Defense [Re: ]
Hacksaw
Unregistered


Texas is like another planet compared to Canada. Here's a quote from my first link

Quote:
In Montreal, a citizen who struggled with an robber who placed a gun against his head was referred to the crown prosecutor for possible murder charges after the gun discharged, killing the robber (the Crown considered but declined to prosecute).


In this case the Crown made the right choice but every time they don't, there is precedent for the next time.

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#121153 - 01/23/08 03:50 AM Re: Aluminum Bat for Home Defense [Re: ]
Art_in_FL Offline
Pooh-Bah

Registered: 09/01/07
Posts: 2432
If and when you a forced to use violence the details of the situation, the state law and who you are and what you look like in relation to the person you hurt will all make a difference to the police, DA, and/or jury.

Florida is a 'castle' state. As such I am allowed to use any level of force necessary to defend myself in my home, car or place of work if I have reason to defend myself.

Like it or not, I'm not to happy about it, being white and the guy you shoot black makes a big difference. It isn't right but it is very real in most areas. Also if you have no prior record while they have an extensive file, particularly a record that includes violence, makes a big difference in how they will see it.

If an intruder uses force to break in your seen as more justified than if they come in through an open or unlocked door. An intruder 'pulling a Jack Nicholson' with an axe and pounding his way through a door, Hi honey I'm home, is more likely get you sympathy for a use of force than an intruder who happens to 'wander in'.

The sort of weapon used makes a difference. A tricked out black gun with laser sights is going to raise more eyebrows than a rusty single-shot shotgun or a weapon of opportunity. A kitchen knife, bat or golf club seem innocent enough as long as there are other things to add context. A baseball bat could look like you planned to ambush someone if it was all by itself or leaning in a pile with a sword, and axe. If you lean it in a corner with a mitt and ball and someone who can testify that you indeed do toss the ball around it looks more like it was just what was handy.

The sort of damage done is also telling. A head shot looks like an execution. A body shot looks less like showing off. Overkill is more likely to be seen as deserving sanction.

The comment of being carried by six or judged by twelve has some truth to it. But you have to remember that what looks to you, in the heat of the moment, like a situation where you had no choice might be closely examined by people under far less stress. There is some chance that every detail and action, your state of mind and intentions will be 'raked over the coals'.

It isn't enough to be justified. You have to seem justified in your intention and actions to people who may not be automatically inclined to see it your way.

I have a good amount of protection from prosecution and civil suit in this state as long as it seems like I have reason to be in fear for my life. Race, a lack or a record and the presence of stigmatized weapons further slant it in my direction. But it could still go against me if I mulch the head of a ninety pound ten year-old who I caught sneaking in through a door I forgot to close.

Context and details are important.

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#121154 - 01/23/08 03:53 AM Re: Aluminum Bat for Home Defense [Re: ]
Art_in_FL Offline
Pooh-Bah

Registered: 09/01/07
Posts: 2432
If and when you a forced to use violence the details of the situation, the state law and who you are and what you look like in relation to the person you hurt will all make a difference to the police, DA, and/or jury.

Florida is a 'castle' state. As such I am allowed to use any level of force necessary to defend myself in my home, car or place of work if I have reason to defend myself.

Like it or not, I'm not to happy about it, being white and the guy you shoot black makes a big difference. It isn't right but it is very real in most areas. Also if you have no prior record while they have an extensive file, particularly a record that includes violence, makes a big difference in how they will see it.

If an intruder uses force to break in your seen as more justified than if they come in through an open or unlocked door. An intruder 'pulling a Jack Nicholson' with an axe and pounding his way through a door, Hi honey I'm home, is more likely get you sympathy for a use of force than an intruder who happens to 'wander in'.

The sort of weapon used makes a difference. A tricked out black gun with laser sights is going to raise more eyebrows than a rusty single-shot shotgun or a weapon of opportunity. A kitchen knife, bat or golf club seem innocent enough as long as there are other things to add context. A baseball bat could look like you planned to ambush someone if it was all by itself or leaning in a pile with a sword, and axe. If you lean it in a corner with a mitt and ball and someone who can testify that you indeed do toss the ball around it looks more like it was just what was handy.

The sort of damage done is also telling. A head shot looks like an execution. A body shot looks less like showing off. Overkill is more likely to be seen as deserving sanction.

The comment of being carried by six or judged by twelve has some truth to it. But you have to remember that what looks to you, in the heat of the moment, like a situation where you had no choice might be closely examined by people under far less stress. There is some chance that every detail and action, your state of mind and intentions will be 'raked over the coals'.

It isn't enough to be justified. You have to seem justified in your intention and actions to people who may not be automatically inclined to see it your way.

I have a good amount of protection from prosecution and civil suit in this state as long as it seems like I have reason to be in fear for my life. Race, a lack or a record and the presence of stigmatized weapons further slant it in my direction. But it could still go against me if I mulch the head of a ninety pound ten year-old who I caught sneaking in through a door I forgot to close.

Context and details are important.

Top
#121155 - 01/23/08 03:55 AM Re: Aluminum Bat for Home Defense [Re: ]
Art_in_FL Offline
Pooh-Bah

Registered: 09/01/07
Posts: 2432
If and when you a forced to use violence the details of the situation, the state law and who you are and what you look like in relation to the person you hurt will all make a difference to the police, DA, and/or jury.

Florida is a 'castle' state. As such I am allowed to use any level of force necessary to defend myself in my home, car or place of work if I have reason to defend myself.

Like it or not, I'm not to happy about it, being white and the guy you shoot black makes a big difference. It isn't right but it is very real in most areas. Also if you have no prior record while they have an extensive file, particularly a record that includes violence, makes a big difference in how they will see it.

If an intruder uses force to break in your seen as more justified than if they come in through an open or unlocked door. An intruder 'pulling a Jack Nicholson' with an axe and pounding his way through a door, Hi honey I'm home, is more likely get you sympathy for a use of force than an intruder who happens to 'wander in'.

The sort of weapon used makes a difference. A tricked out black gun with laser sights is going to raise more eyebrows than a rusty single-shot shotgun or a weapon of opportunity. A kitchen knife, bat or golf club seem innocent enough as long as there are other things to add context. A baseball bat could look like you planned to ambush someone if it was all by itself or leaning in a pile with a sword, and axe. If you lean it in a corner with a mitt and ball and someone who can testify that you indeed do toss the ball around it looks more like it was just what was handy.

The sort of damage done is also telling. A head shot looks like an execution. A body shot looks less like showing off. Overkill is more likely to be seen as deserving sanction.

The comment of being carried by six or judged by twelve has some truth to it. But you have to remember that what looks to you, in the heat of the moment, like a situation where you had no choice might be closely examined by people under far less stress. There is some chance that every detail and action, your state of mind and intentions will be 'raked over the coals'.

It isn't enough to be justified. You have to seem justified in your intention

Top
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