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Conservative homeowner arrested for shooting would-be thief

Discussion in 'BBS Hangout: Debate & Discussion' started by Carl Herrera, Jun 30, 2020.

  1. Duncan McDonuts

    Duncan McDonuts Contributing Member

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    What if the burglar is in your home while you're gone, you arrive home and the burglar starts to drive off with his car full of your valuable possessions? At this point, you're both outside and the burglar is fleeing with valuables. Your life is not in danger. Do you use lethal force to stop the burglar? It's just possessions, right?
    I believe it because I generally sympathize more with victims than criminals. Victims should have some defense.
     
  2. CometsWin

    CometsWin Breaker Breaker One Nine

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    We all sympathize more with victims. That still doesn't preclude the notion that a proportional response is required to meet any threat posed against you or your property. You don't shoot someone on your lawn trying to take your newspaper because that's freaking insane and dumb.
     
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  3. rocketsjudoka

    rocketsjudoka Contributing Member
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    This is the point I'm bringing up. If legally you can shoot someone to protect your property then it shouldn't matter what the property is. For example if I stole heroin from someone I would still be guilty of theft even though it's illegal to own heroin.

    This an argument about what is legal versus what is moral. I don't think what Feaster did was moral but for that matter I don't think it's moral to be flying a Nazi flag to begin with. I'm wondering though is what does the law say.
     
  4. rocketsjudoka

    rocketsjudoka Contributing Member
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    Standard of judgement is by definition subjective. Someone could argue you weren't justified to shoot someone over your car because you can take a bus, Uber or insurance will pay for it. Someone who depends on their lawnmower because they make money landscaping the lawnmower is very important.
     
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  5. vlaurelio

    vlaurelio Contributing Member

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    i wasn't sure as well you were putting a price on life.
    $10 flag worth killing for?
    $1000 flag worth killing for?

    well if the property is so important then shooting to wound is better than shooting to kill. at least give the thief to live.
     
  6. rocketsjudoka

    rocketsjudoka Contributing Member
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    Just to clarify I'm arguing this because I am troubled by how self-defense laws are written and use of force. I think there are a lot of grey areas that crop and one reason we as a society have so many issues with people getting killed. Besides the Joe Horn case consider the Ahmaud Arbery case also was essentially about civilians believing they were stopping a theft of property. In fact the local PD even supported the McMichaels acting as a quasi police force.
     
  7. Mr.Scarface

    Mr.Scarface Member

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    I guess there is no HOA in that neighborhood. They would have stopped him from flying that flag.
     
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  8. rocketsjudoka

    rocketsjudoka Contributing Member
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    To add another thought. Things like "Standard of Judgement" are what are frequently cited to excuse LEO shooting of civilians. Standard of Judgement is a very slippery slope because it ultimately comes down to who's standard.
     
  9. vlaurelio

    vlaurelio Contributing Member

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  10. Duncan McDonuts

    Duncan McDonuts Contributing Member

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    Right, and that's what we're discussing to establish the line. What is proportional? Monetary? Sentimental? We all value things differently. Your car might mean more to you than if Jeff Bezos had a car stolen.
     
  11. CometsWin

    CometsWin Breaker Breaker One Nine

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    Just because someone can argue something doesn't make it reasonable. Every day all over the country people make subjective decisions based on the law. You're trying to claim that using reason is a slippery slope.
     
  12. CometsWin

    CometsWin Breaker Breaker One Nine

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    If the proportionality is in question then that's for the police, district attorney, and a jury to decide. That's our legal system. I imagine a reasonableness standad should apply but every case and circumstance is different.
     
  13. vlaurelio

    vlaurelio Contributing Member

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    hmmm. wwjd.

    well in general, all humans are always more important than any property

    property can be replaced. life can't.

    that's why only the state of Texas allows for the use of deadly force for simple and exclusive theft of property
     
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  14. Sweet Lou 4 2

    Sweet Lou 4 2 Contributing Member
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    Is a human life worth taking for $20?
     
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  15. Duncan McDonuts

    Duncan McDonuts Contributing Member

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    The courts ultimately decide but there's a lot of gray area along with difference of opinion in society. During a burglary, there is little time to determine proportionality, especially at night like this incident.

    In my opinion, anyone trespassing at night is a threat. I have no idea of that person's intentions and if they have lethal weapons. But legally, I'd be in trouble for shooting first.
     
  16. vlaurelio

    vlaurelio Contributing Member

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    aim a gun at them, ask to freeze, why they're there, fire a warning shot, lots of options

    never know it might be a friend or relative or someone you know...
     
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  17. Duncan McDonuts

    Duncan McDonuts Contributing Member

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    Warning shots are illegal, and shooting someone in the leg you didn't intend to kill will get you in trouble. You've suggested a few illegal options already.
     
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  18. vlaurelio

    vlaurelio Contributing Member

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    and shooting outright is not? LOL
     
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  19. Duncan McDonuts

    Duncan McDonuts Contributing Member

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    I've already agreed shooting someone is illegal. It seems like the law doesn't allow weaker victims to defend their property.
     
  20. vlaurelio

    vlaurelio Contributing Member

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    don't leave valuable things outside

    if someone is outside, aim your gun at him

    if someone breaks and enters your house, shoot him
     
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