Originally Posted By ClintFlint2 One is allowed to use reasonable force when protecting one's property, warding off intruders or defending someone from attacks. Rarely would one be charged with a crime while initially defending and later turning to offending unless the original attacker was unnecesarily beaten up badly or killed. I remember back a few years in Northern California an intruder broke through a kitchen window of a private home at night and the home's occupant came unglued and chased the intruder off the property and well down the street and practically killed the guy right there in public. I seem to remember that no criminal charges were filed against the occupant even though he went way, way too far. This happened very close to the area where the Polly Klaas incident went down(maybe 10 miles away)so the public would have lynched any DA who would dare charge the home's occupant with excessive force. If I remember correcly the intruder was drunk and was probably trying to enter "his" or his "friends" house but made the mistake of a wrong address. Like I said I am going back a few years here so I might have some of this wrong.
Originally Posted By jonvn Yeah, that can happen too. But the general rule of thumb is once the person is subdued, you don't have a right to continue to beat them. If a person is of no threat to you, you can't cause them further damage. However, you can use whatever force that is necessary to subdue them. Grey area, and it depends on the facts of the situation.
Originally Posted By ClintFlint2 Yes, jonvn you are right. Also one can pull a "US Iraq Policy" on another person and do a preepmtive strike if there is reason to believe that a threat is imminent or one's life is in danger. The state of the would be victim's mind is absolutely critical when determining whether or not a crime of unreasonable force is committed. Remember Goetz in the NY subways back in '84 or '85.
Originally Posted By TALL Disney Guy I still love the idea of the injured parties teaching them a lesson. I don't see it as "mob rule", just a little natural justice sometimes in single cases, from one person. Frankly, if you do a criminal act, you don't have ANY rights in my book. The fact that you are a criminal completely negates any rights or freedoms you had. So whatever comes to you, you sure as hell asked for it. Too bad, you reap what you sow. Sure, this is frowned upon by the legal system, but I see the worst crimes in the US every day for hours and hours, so I admit I'm very biased here and have STRONG intense disgust against criminals, and so I'm very "pro-victim" and all about "personal justice" where they're concerned. So it's a very good thing I'm not a cop or a judge, lol. And when I leave this job, I can't wait to never watch the news again, and just be happy with head buried in the proverbial sand, like I was before I took this position.
Originally Posted By SingleParkPassholder I'm not encouraging others to do what I did. I wrestled for 12 years when I was younger and have some additional training in boxing. In my old job, I got in countless fights, none of which lastted over a minute or two, all meant to subdue someone in custody. In the story I related, I took what I knew in a blind rage. Considering the person was at my domicile attempting to rape my girlfriend at the least, what I did was within the bounds of the law. The shot I was offered and took before the paramedics got there was not, but I knew the cops, they were livid with the guy for what he did and because it could also happen to them. Overall, I can't say I'm all that broken up about it. I don't talk about that aspect of my past much, but when stories like the kidnapping come up I think about it.
Originally Posted By TALL Disney Guy Yeah, I wouldn't encourage it either, I'm just saying that I can't help but feel good to see scum get what they deserve in certain instances. I really couldn't be a lawyer or a judge though, because I have 0 sympathy for criminals they have to be neutral/understanding with.
Originally Posted By avromark ^^^ Not that TDG gets emotional about it either, Of course I'm the person that advocates Prison's should just be one big pit with very high walls, you throw the prisoners in and let them be "friends" with each other. If you're nice you may even throw the odd water bottle in.
Originally Posted By ClintFlint2 TDG, have you ever smoked grass, drank a beer while being under 21, peed in a public place, dismembered an unwilling party, set off a pipe bomb, perjured, drove 31 mph in a 30mph zone or stole a blind man's cane???? If so you might run the risk of being a criminal too. I'm just giving you a hard time here by using some banter.
Originally Posted By TALL Disney Guy I've never done anything to hurt someone. I thought I implied it, but *that's* the kind of criminals I was talking about.
Originally Posted By jonvn until a couple of years ago, it was not illegal to pee on the streets of sf.
Originally Posted By Liberty Belle >>LOL, catfish. I have often felt a lot of hostility from you. ;-)<< Haha ... I knew someone would pick up on my inner rage sooner or later.
