Teenage Girl Shot And Killed In Texas Because Of Stand Your Ground Law - Polidicks

[QUOTE=Lankist;36738455]Yes.[/QUOTE] So basically you promote social Darwinism?

[QUOTE=Funcoot;36738450]It is up to the court if your case fits the criteria.[/QUOTE] Actually that's mostly determined by precedence at this point. And shooting home invaders before they make themselves a direct threat sees you with voluntary manslaughter charges. [editline]12th July 2012[/editline] [QUOTE=ZF911;36738470]So basically you promote social Darwinism?[/QUOTE] No, I promote you follow the fucking law and you don't shoot people, you crazy cowboy. You still haven't found any cases which prove your point.

[QUOTE=ZF911;36738470]So basically you promote social Darwinism?[/QUOTE] ahahaha how the fuck can you reasonably come to this conclusion? you took a flying leap off the slippery slope.

[QUOTE=Lankist;36738485]And shooting home invaders before they make themselves a direct threat sees you with voluntary manslaughter charges.[/QUOTE] Rarely do you ever see someone not get charges, that is true, but you rarely see defendants be found guilty on those charges.

I'm sorry but I'm not waiting for a loaded gun to be at my head before I go to find mine. You think the guy is gonna let me walk over to wherever I store my gun and let me grab it? [editline]12th July 2012[/editline] [QUOTE=Lankist;36738455]Yes. [editline]12th July 2012[/editline] Hahaha uhhhhhhh no. [url]http://legal-dictionary.thefreedictionary.com/Supremacy+Clause[/url] Federal law overrules state law on all levels and in all cases.[/QUOTE] Not in all cases, only acts of legislation authorized by the Constitution.

[QUOTE=Funcoot;36738524]Rarely do you ever see someone not get charges, that is true, but you rarely see defendants be found guilty on those charges.[/QUOTE] That's because most people don't kill someone before they're a legitimate threat. Most do not turn their own house into Tombstone the moment their door opens. [editline]12th July 2012[/editline] [QUOTE=ZF911;36738533]I'm sorry but I'm not waiting for a loaded gun to be at my head before I go to find mine. You think the guy is gonna let me walk over to wherever I store my gun and let me grab it?[/quote] Again, that's great! Enjoy prison. [quote]Not in all cases, only acts of legislation authorized by the Constitution.[/QUOTE] Uhh you do realize that ALL legislation is authorized by the Constitution. Otherwise it would be legal, you know? Stop it. You are embarrassing yourself. Texas isn't fucking sovereign. Supreme Court rulings override [I]everything.[/I] Federal legislation, state legislation, and all lower-court rulings. The supreme court is the [B]Supreme[/B] motherfucking Court. You don't get to say "no."

[QUOTE=Lankist;36738548]That's because most people don't kill someone before they're a legitimate threat.[/QUOTE] Actually, the court of law decides that they were a threat in most home invasion/burglary cases. I understand that you have a different opinion, but that doesn't change the fact that most of the defendants in these types of cases are found innocent of their charges. If that really bothers you, go start a campaign about it and voice your opinion to your congressmen (if you're American). That is the way things currently work. If you believe that burglars and people who invade an occupied dwelling are not a threat to the people within the dwelling, then campaign about it.

You're telling me you would wait for an intruder to shoot you before you would shoot them? Once you get to the point you describe it's far too late to take action.

[QUOTE=Funcoot;36738587]Actually, the court of law decides that they were a threat in most of these cases.[/QUOTE] Okay. Cite it. What cases?

[QUOTE=Lankist;36738455]Federal law overrules state law on all levels and in all cases.[/QUOTE] Then why do the states bother? sincere question

[QUOTE=ZF911;36738594]You're telling me you would wait for an intruder to shoot you before you would shoot them? Once you get to the point you describe it's far too late to take action.[/QUOTE] You're repeating yourself. Cite your cases or shut up. I'm not having the same argument with you again just because you can't use google for five seconds and find a court case. [editline]12th July 2012[/editline] [QUOTE=James*;36738615]Then why do the states bother? sincere question[/QUOTE] Because Federal law doesn't cover everything. Mostly only the big stuff.

Someone breaks into my house, I have a reasonable belief that I'm in danger.

[QUOTE=ZF911;36738637]Someone breaks into my house, I have a reasonable belief that I'm in danger.[/QUOTE] Not enough to justify the necessity of lethal force, starchild. [I]No more force than is necessary.[/I] Someone being in your house doesn't make gunshots necessary.

[QUOTE=Lankist;36738620]Because Federal law doesn't cover everything. Mostly only the big stuff.[/QUOTE] Yeah that makes sense but what about when their laws are contradictory

[QUOTE=ZF911;36738594]You're telling me you would wait for an intruder to shoot you before you would shoot them? Once you get to the point you describe it's far too late to take action.[/QUOTE] god damn, do you read anything? you don't retaliate with lethal force until there is a clear threat against your life. someone moves to aim a gun at you? blow them the fuck away. guy gets in through your door? nope.

[QUOTE=Lankist;36738662]Not enough to justify the necessity of lethal force, starchild. [I]No more force than is necessary.[/I] Someone being in your house doesn't make gunshots necessary.[/QUOTE] The law has no specific definition of what is necessary and when. That's not for you to decide either. Maybe that's where the state laws come in, hmm?

what happened to just socking a guy with a baseball bat seriously you're in a small area with tiny enclosed area just hit the guy and call the cops

[QUOTE=James*;36738672]Yeah that makes sense but what about when their laws are contradictory[/QUOTE] What, state or federal? Federal law overrules all state law. If they conflict, federal law wins. Period. Between states, states have to recognize the validity of other states' law. For example, if you got a driver's license in New York, the Rhode Island DoT has to recognize it as valid. [editline]12th July 2012[/editline] [QUOTE=ZF911;36738694]The law has no specific definition of what is necessary and when.[/QUOTE] cooooooouuuurrrrrtttt prrreeeeceeedence

[QUOTE=ZF911;36738694]The law has no specific definition of what is necessary and when. That's not for you to decide either. Maybe that's where the state laws come in, hmm?[/QUOTE] it's vague because what is necessary depends on the situation. blowing someone away for breaking down your door is unnecessary.

[quote](1) a reasonable belief that the use of force was necessary to defend himself or another against the immediate use of unlawful force and (2) the use of no more force than was reasonably necessary in the circumstances.[/quote] I see no mention of weapons here. If I'm afraid someone in my home my hurt me and I take action, nowhere here do these federal laws prohibit that. It's up to courts to decide whether or not my fear was reasonable.

[QUOTE=ZF911;36738748]I see no mention of weapons here. If I'm afraid someone in my home my hurt me and I take action, nowhere here do these federal laws prohibit that. It's up to courts to decide whether or not my fear was reasonable.[/QUOTE] Yo broski [I]the use of no more force than was reasonably necessary in the circumstances.[/I] Firearms are always lethal force. Like Chessman said, what happened to having a baseball bat or something? Why are you so fucked in the head that you go from "that's a strange noise downstairs" to "DIE MOTHERFUCKER DIE" in two seconds?

[QUOTE=SgtCr4zyGunz;36738734]it's vague because what is necessary depends on the situation. blowing someone away for breaking down your door is unnecessary.[/QUOTE] Says you, doesn't mean a judge/jury will agree with you.

[QUOTE=ZF911;36738770]Says you, doesn't mean a judge/jury will agree with you.[/QUOTE] does kicking down a door put you at [i]immediate[/i] risk of serious injury or death? no? enjoy your manslaughter charge.

[QUOTE=Lankist;36738768]Yo broski [I]the use of no more force than was reasonably necessary in the circumstances.[/I] Firearms are always lethal force.[/QUOTE] It's up to a court to decide what is reasonable, not you. If you're a parent with a young child and you shoot at someone who breaks in do you think the court will side against you?

[QUOTE=Lankist;36738704]Between states, states have to recognize the validity of other states' law. For example, if you got a driver's license in New York, the Rhode Island DoT has to recognize it as valid.[/QUOTE] Actually, that isn't exactly the way it is. You are talking about the Full Faith and Credit Clause, which is just for documents issued by your state such as drivers license, birth certificate, etc, not "laws"

[QUOTE=SgtCr4zyGunz;36738778]does kicking down a door put you at [i]immediate[/i] risk of serious injury or death? no? enjoy your manslaughter charge.[/QUOTE] I didn't read serious injury or death. [quote](1) a reasonable belief that the use of force was necessary to defend himself or another against the immediate use of unlawful force and (2) the use of no more force than was reasonably necessary in the circumstances.[/quote] [editline]12th July 2012[/editline] So yes Lankist is right, the state laws cover what federal laws do not. In this case state laws do not contradict federal laws, they merely elaborate and interpret.

ITT Charges mean you're automatically guilty.

[QUOTE=ZF911;36738770]Says you, doesn't mean a judge/jury will agree with you.[/QUOTE] I've already cited cases in which they have. You've failed to cite any in which they haven't.

[QUOTE=ZF911;36738789]I didn't read serious injury or death. [editline]12th July 2012[/editline] So yes Lankist is right, the state laws cover what federal laws do not. In this case state laws do not contradict federal laws, they merely elaborate and interpret.[/QUOTE] [quote]against the [b]immediate[/b] use of unlawful force [/quote] kicking down a door is not an immediate use of unlawful force.

[QUOTE=Lankist;36738818]I've already cited cases in which they have. You've failed to cite any in which they haven't.[/QUOTE] You've only cited cases where fleeing suspects were shot and where someone was stabbed 16 times.