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Free speech is up to promotion of mayhem or injury.
If I scream at you in your face that I am about to kill you, that sort of speech may not be protected.
That would cause fear of imminent death or great bodily harm, which would justify use of lethal force in self-defense. No need for new laws, the current laws cover that.
That this thread has reached 170 pages, with people arguing in favor of McGlockton, when the guy who was shoved was right (or at least significantly less wrong) is a shame.
That would cause fear of imminent death or great bodily harm, which would justify use of lethal force in self-defense. No need for new laws, the current laws cover that.
This above concerns amendment #1 and #2. These are not new laws.
I am assuming you mean the dead assailant, not the victim, correct?
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Yes, the one with seven felonies. Regardless of the facts of this particular circumstance, a man who removes a person with seven felonies from the public is only doing society a favor.
After looking at the video, the guy attacking was not armed, he had his hands out of his pockets and was moving away as the other guy held the gun up for several seconds before shooting it.. unjustified shooting in most states, guy charged with murder. In this case they need to revise the stand your ground laws. There was no threat on this guy's life based on the camera footage. There should be a clear and present threat to one's life, such as a knife or gun being drawn.
With that said, the guy who pushed would be alive had he not pushed. I understand those primitive drives built into our DNA that make us take action against our mate in distress, but the guy could have kept his cool.
However, as a sane social libertarian moderate, I have to take the side of the victim in this one and charge the guy with murder. Scaring him off by brandishing the weapon would have been sufficient. However, with the rap sheet the guy had, they're probably not going to aggressively pursue this one. I myself will forget about this post in 24 hours tops unless it gets loaded with rep points.
After looking at the video, the guy attacking was not armed, he had his hands out of his pockets and was moving away as the other guy held the gun up for several seconds before shooting it.. unjustified shooting in most states, guy charged with murder. In this case they need to revise the stand your ground laws. There was no threat on this guy's life based on the camera footage. There should be a clear and present threat to one's life, such as a knife or gun being drawn.
With that said, the guy who pushed would be alive had he not pushed. I understand those primitive drives built into our DNA that make us take action against our mate in distress, but the guy could have kept his cool.
However, as a sane social libertarian moderate, I have to take the side of the victim in this one and charge the guy with murder. Scaring him off by brandishing the weapon would have been sufficient. However, with the rap sheet the guy had, they're probably not going to aggressively pursue this one. I myself will forget about this post in 24 hours tops unless it gets loaded with rep points.
Again, this is another fundamental misunderstanding of the law of self defense. Both in stand your ground states and in traditional self defense states, you are allowed to use deadly force in defense of self or others if you face imminent risk of loss of life OR serious bodily injury. Far too many people in this thread are ignorant of or just leaving out the second option for self defense. That of serious bodily injury. The police/prosecution in this case, after looking at the footage and taking statements that showed the concerned citizen violently shoved to the ground by a large man, concluded that the concerned citizen reasonably feared serious bodily injury before opening fire.
Again, this is another fundamental misunderstanding of the law of self defense. Both in stand your ground states and in traditional self defense states, you are allowed to use deadly force in defense of self or others if you face imminent risk of loss of life OR serious bodily injury. Far too many people in this thread are ignorant of or just leaving out the second option for self defense. That of serious bodily injury. The police/prosecution in this case, after looking at the footage and taking statements that showed the concerned citizen violently shoved to the ground by a large man, concluded that the concerned citizen reasonably feared serious bodily injury before opening fire.
You're playing loose with the facts. The sheriff decided not to arrest Drejka on that day. Sheriff is not the ultimate authority. The attorney general and the prosecutor are still reviewing the matter.
Your post reads like you'e having a tantrum. How would Ralph know if there were drugs on board??? You're the one who said you read it on another forum. Not a very good source for information.
I agree with him, what difference does it make if the guy you're calling the victim, was on drugs? Does that somehow absolve him of physically assaulting someone?
You're playing loose with the facts. The sheriff decided not to arrest Drejka on that day. Sheriff is not the ultimate authority. The attorney general and the prosecutor are still reviewing the matter.
It would suck for Drejka to have to go through that and it would cost the state a lot of money, but I would love for AG to decide to prosecute Drejka. The asskicking his prosecutors would get from the jury... And it's good to, once again, firmly establish the right to self-defense.
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