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Old 12-03-2016, 01:30 PM
 
Location: NJ
23,566 posts, read 17,241,593 times
Reputation: 17612

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Any non lawyer who reads a law, and thinks they understand the law is insane.


The simplest words written in legalese may as well be in ancient sanscrit.


even when you think you have precedent, you are missing some detail that creates an exception.


Better not lie to yourself and imagine you have a right to shoot anyone.


Fire when fired upon, just a tick faster.
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Old 12-03-2016, 01:34 PM
 
59,113 posts, read 27,340,319 times
Reputation: 14289
Quote:
Originally Posted by English Dave View Post
This is confusing me........ be patient, I'm not American. Say, for instance I have stolen something from a shop, and I run away from a policeman who has arrested me for said crime. Can he legally shoot me? I am unarmed of course, and not threatening people around me.
How goes the cop KNOW you aren't armed?
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Old 12-03-2016, 01:50 PM
 
Location: England
26,272 posts, read 8,433,439 times
Reputation: 31336
Quote:
Originally Posted by English Dave View Post
This is confusing me........ be patient, I'm not American. Say, for instance I have stolen something from a shop, and I run away from a policeman who has arrested me for said crime. Can he legally shoot me? I am unarmed of course, and not threatening people around me.
Quote:
Originally Posted by Quick Enough View Post
How goes the cop KNOW you aren't armed?
I wasn't going to comment again. I was just asking a hypothetical question if a policeman was legally allowed to shoot a fleeing thief. In my question I had my thief arrested, and then fleeing. I would assume from the arrest, the policeman would know the thief was unarmed.
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Old 12-03-2016, 01:54 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Quote:
Originally Posted by War Beagle View Post
The concept of the "outlaw" is interesting. It literally meant that you were considered outside the law and that people could kill you on sight.
No it didn't.
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Old 12-03-2016, 01:57 PM
 
Location: Honolulu/DMV Area/NYC
30,642 posts, read 18,249,084 times
Reputation: 34520
Quote:
Originally Posted by English Dave View Post
This is confusing me........ be patient, I'm not American. Say, for instance I have stolen something from a shop, and I run away from a policeman who has arrested me for said crime. Can he legally shoot me? I am unarmed of course, and not threatening people around me.
Read my posts on this issue. It really depends on where you are. Many jurisdictions have done away with the common law fleeing felon rule. But this isn't true for every state jurisdiction here in the U.S.
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Old 12-03-2016, 01:59 PM
 
Location: England
26,272 posts, read 8,433,439 times
Reputation: 31336
Quote:
Originally Posted by prospectheightsresident View Post
Read my posts on this issue. It really depends on where you are. Many jurisdictions have done away with the common law fleeing felon rule. But this isn't true for every state jurisdiction here in the U.S.
Yes..... this is very interesting to me. I find the idea of a policeman shooting a fleeing unarmed thief bizarre.
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Old 12-03-2016, 02:01 PM
 
Location: Honolulu/DMV Area/NYC
30,642 posts, read 18,249,084 times
Reputation: 34520
Quote:
Originally Posted by English Dave View Post
Yes..... this is very interesting to me. I find the idea of a policeman shooting a fleeing unarmed thief bizarre.
I agree with you. And I think it should be outlawed completely. Unfortunately, not every state has caught up with the times here. And the Supreme Court hasn't issued a ruling that would do away with the fleeing felon rule nationally.
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Old 12-03-2016, 02:52 PM
 
Location: Prepperland
19,029 posts, read 14,216,690 times
Reputation: 16752
Quote:
Originally Posted by English Dave View Post
Yes..... this is very interesting to me. I find the idea of a policeman shooting a fleeing unarmed thief bizarre.
Now, THAT is a bizarre thought - to Americans. But we Americans are sovereigns without subjects, whereas you Brits are docile subjects of a sovereign monarch.
“In Europe a criminal is an unhappy being who is struggling for his life against the ministers of justice, whilst the population is merely a spectator of the conflict; in America he is looked upon as an enemy of the human race, and the whole of mankind is against him.”
- - - Tocqueville, Alexis de, 1805-1859. . . Democracy in America, volume 1
At one time, Americans considered any criminal to be "the enemy of the human race" and were a wee bit less tolerant of their shenanigans.

As "sovereigns without subjects" an individual may protect his private property with deadly force, as illustrated by posted signs - "PRIVATE PROPERTY - NO TRESPASSING - TRESPASSERS WILL BE SHOT." And it was considered lawful for the police officers to shoot a fugitive from justice, unarmed or not.

. . .
“... at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects, and have none to govern but themselves. . .
“... In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the [sovereign] people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns.”
- - - Justice John Jay, Chisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)
https://www.law.cornell.edu/supremec...CR_0002_0419_Z
This may explain the slight differences between our respective nations. We sovereign Americans are less tolerant of those who trespass our persons, liberties, or property. Of course, those who consented to be serfs in the socialist democracy have a different situation entirely.
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Old 12-03-2016, 02:54 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Quote:
Originally Posted by jetgraphics View Post
Now, THAT is a bizarre thought - to Americans. But we Americans are sovereigns without subjects, whereas you Brits are docile subjects of a sovereign monarch.
“In Europe a criminal is an unhappy being who is struggling for his life against the ministers of justice, whilst the population is merely a spectator of the conflict; in America he is looked upon as an enemy of the human race, and the whole of mankind is against him.”
- - - Tocqueville, Alexis de, 1805-1859. . . Democracy in America, volume 1
At one time, Americans considered any criminal to be "the enemy of the human race" and were a wee bit less tolerant of their shenanigans.

As "sovereigns without subjects" an individual may protect his private property with deadly force, as illustrated by posted signs - "PRIVATE PROPERTY - NO TRESPASSING - TRESPASSERS WILL BE SHOT." And it was considered lawful for the police officers to shoot a fugitive from justice, unarmed or not.

. . .
“... at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects, and have none to govern but themselves. . .
“... In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the [sovereign] people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns.”
- - - Justice John Jay, Chisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)
https://www.law.cornell.edu/supremec...CR_0002_0419_Z
This may explain the slight differences between our respective nations. We sovereign Americans are less tolerant of those who trespass our persons, liberties, or property. Of course, those who consented to be serfs in the socialist democracy have a different situation entirely.
We became a nation through "unlawful" acts.
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Old 12-03-2016, 03:55 PM
 
Location: England
26,272 posts, read 8,433,439 times
Reputation: 31336
Quote:
Originally Posted by jetgraphics View Post
Now, THAT is a bizarre thought - to Americans. But we Americans are sovereigns without subjects, whereas you Brits are docile subjects of a sovereign monarch.
“In Europe a criminal is an unhappy being who is struggling for his life against the ministers of justice, whilst the population is merely a spectator of the conflict; in America he is looked upon as an enemy of the human race, and the whole of mankind is against him.”
- - - Tocqueville, Alexis de, 1805-1859. . . Democracy in America, volume 1
At one time, Americans considered any criminal to be "the enemy of the human race" and were a wee bit less tolerant of their shenanigans.

As "sovereigns without subjects" an individual may protect his private property with deadly force, as illustrated by posted signs - "PRIVATE PROPERTY - NO TRESPASSING - TRESPASSERS WILL BE SHOT." And it was considered lawful for the police officers to shoot a fugitive from justice, unarmed or not.

. . .
“... at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects, and have none to govern but themselves. . .
“... In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the [sovereign] people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns.”
- - - Justice John Jay, Chisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)
https://www.law.cornell.edu/supremec...CR_0002_0419_Z
This may explain the slight differences between our respective nations. We sovereign Americans are less tolerant of those who trespass our persons, liberties, or property. Of course, those who consented to be serfs in the socialist democracy have a different situation entirely.
That was very interesting reading - thank you. It explains the difference in our thinking on this subject. I did know a house occupant in America is allowed to kill an intruder. In my country, only reasonable force is allowed. In other words, you can't kill a burglar unless you feel at risk to your own life.

I didn't know I was a serf....... There you go, you learn something everyday. I do notice on city-data, differing opinions on what police actually do, and what they're allowed to do by law. We don't believe in giving our police the right to take life, unless of course a criminal is endangering life himself.

Our police in internal votes, always choose to remain unarmed. We admire them for their bravery, and the vast majority of the population hold our police in the highest regard. They recognise having a weapon would ensure people would get killed. This goes without saying really. They prefer to deal with criminals in such a way as not to kill them, unless left with little or no choice.
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