Conservative. Idaho. Software engineer. Historian. Increasingly, frustrated with how the greed of a small number of lawyers is making life unreasonable for ordinary people.
A new use for Pigs! How long before waiting periods and limits on how many you can buy? ;-)
In FL prior to this law, you still had to be in fear of your life to use deadly force. Before, I guess long before, you could not carry a loaded firearm in the cabin of your vehicle without a permit. The weapon or ammo needed to be locked in the trunk. This meant that if you had a loaded firearm and used it, you had planned to use it. Now in FL you can carry a loaded handgun in your glove box if it's legal for you to have it and you're sober(other details apply). Frankly, I think atleast a hearing should be held to determine whether or not a trial is in order if someone is shot or if when a weapon has to be drawn and that person is arrested or a complaint filed. Not just to see if the person with the weapon needs to be prosecuted but also to be adjucated justified and protect that person from further prosecution whether it be criminal or civil. "Judged by twelve or carried by six" iasn't just a catch phrase but a question you need to ask yourself before you draw that weapon.
There is an evidentiary hearing at which a judge determines whether there is reason to disbelieve the claim of self-defense--but that's if police and prosecutor believe that there is any reason to doubt it. What happened with George Zimmerman was that the original prosecutor did not believe that there was even any point in pursuing it to the evidentiary hearing.
Of course there is the "do over".Police: "George Zimmerman was certanly attacked and injured before the shooting. We will interrogate him for 5 hours to be sure. .... Yep. Justified Self Defense. Release him."Prosecutor;"Agreed".Attorney Crump: I release pictures of a 10 year old kid. and other misleading information. I try to seal information that suggests that Trayvon was a troubled young man with a history of violence and theft.Al Sharpton: I have no great credibility and know nothing about the case except the false information provided by the family's attorney.Governor: Do over!. Appoint a special prosecutor.NBC: Edit audio and transcripts to remove evidence that would confirm Zimmerman's account.Special Prosecutor: If I assume facts not in evidence, I can indict a ham sandwich. Indict George Zimmerman.
Hello, Clayton. It's been a few years. You might be interested in the recent Indiana statute overturning the Indiana SC decision last year that overturned the common law and statutory rule that citizens can resist illegal police entry with violence (simple shoving, in the case of the middle-aged man the police promptly tasered to the hospital). I organized an amicus brief with a curious set of people. See http://www.rasmusen.org/special/barnes/ for that and my fisking of the bad Supreme Court decision. I haven't posted a clipping on GOv. Daniels signing the new bill this spring, but you can find that by googling. This is an issue that runs across many states and is important for civil liberties. Police illegality should not be exempt from the self-defense laws, as is very common across states.
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