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chambered221 Super Member
Joined: Aug 17, 2007 Posts: 3455 Location: Lost for good !!!
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Posted: Fri May 08, 2009 7:38 am Post subject: Re: Neat News Story |
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D, your looking at what the doctrine say’s not what it don’t say!!! (Hope that makes sense)
Bottom line, if it’s determined that you shoot someone in the back while trying to flee your home after you confront them, chances are your not going to be able to use the castle law to your advantage.
_________________ Ask as many people needed, sooner or later your question will be answered the way you want it answered !!!
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.
~George Washington |
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Dimitri Super Member
Joined: Nov 25, 2005 Posts: 5944
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Posted: Fri May 08, 2009 7:42 am Post subject: Re: Neat News Story |
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chambered221 wrote: |
Bottom line, if it’s determined that you shoot someone in the back while trying to flee your home after you confront them, chances are your not going to be able to use the castle law to your advantage. |
Very true, but both intruders in this case were shot while in the act. The one getting ready to shoot the men, while the other was already getting ready to start to rape the women first.
If the police didn't think it was justified they'd have made that statement when they told the news that they are looking for the 2nd person. A Prosecutor cannot charge someone with a crime, they can only help convict them. The Police are the ones who charge people with a crime and the police decided not to charge the student.
Dimitri
_________________ A thousand hills, but no birds in flight, ten thousand paths, with no people's tracks. A lonely boat, a straw-hatted old man, fishing alone in the cold river snow. |
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chambered221 Super Member
Joined: Aug 17, 2007 Posts: 3455 Location: Lost for good !!!
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Posted: Fri May 08, 2009 7:57 am Post subject: Re: Neat News Story |
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I’m not disputing that this case won’t fall under the castle doctrine.
I’m just trying to get you to understand that it isn’t as simple as you make it sound.
There’s no doubt in my mind that the police did an initial investigation and questioned everyone involved before they made their statement to the news.
And yes a prosecutor can charge someone !!! They don’t have the arrest powers to physically place someone under arrest though.
_________________ Ask as many people needed, sooner or later your question will be answered the way you want it answered !!!
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.
~George Washington |
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Dimitri Super Member
Joined: Nov 25, 2005 Posts: 5944
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Posted: Fri May 08, 2009 7:59 am Post subject: Re: Neat News Story |
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chambered221 wrote: |
And yes a prosecutor can charge someone !!! They don’t have the arrest powers to physically place someone under arrest though. |
Interesting, I am pretty sure they don't have that power here, only the power to drop a charge they feel they cannot win in court.
And I realize I make the Castle Laws seem cut and dry, but this situation seemed pretty cut and dry.
Dimitri
_________________ A thousand hills, but no birds in flight, ten thousand paths, with no people's tracks. A lonely boat, a straw-hatted old man, fishing alone in the cold river snow. |
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chambered221 Super Member
Joined: Aug 17, 2007 Posts: 3455 Location: Lost for good !!!
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Posted: Fri May 08, 2009 8:05 am Post subject: Re: Neat News Story |
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When police do their investigations they usually work with a prosecutor and it’s the prosecutor that goes to the judge to get the warrant if needed.
The warrant is then given to the police to serve it.
_________________ Ask as many people needed, sooner or later your question will be answered the way you want it answered !!!
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.
~George Washington |
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Dimitri Super Member
Joined: Nov 25, 2005 Posts: 5944
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Posted: Fri May 08, 2009 8:07 am Post subject: Re: Neat News Story |
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chambered221 wrote: |
When police do their investigations they usually work with a prosecutor and it’s the prosecutor that goes to the judge to get the warrant if needed.
The warrant is then given to the police to serve it. |
True Chambered.
Dimitri
_________________ A thousand hills, but no birds in flight, ten thousand paths, with no people's tracks. A lonely boat, a straw-hatted old man, fishing alone in the cold river snow. |
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Bushmaster Super Member
Joined: Jun 12, 2005 Posts: 11390 Location: Ava, Missouri
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Posted: Sun May 10, 2009 12:47 pm Post subject: Re: Neat News Story |
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If you are running away with my Plasma 42" brand new TV...I'll shoot you in the back being careful not to hit my TV...
_________________ I have one nerve left and yer standin' on it...
DEMOCRACY Two wolves and one sheep voting on what to have for lunch...
LIBERTY A well armed sheep contesting the outcome of the vote... |
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whittling Super Member
Joined: Apr 21, 2008 Posts: 586 Location: Texas (home state is Mass)
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Posted: Mon May 11, 2009 5:28 am Post subject: Re: Neat News Story |
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Forget the police protection part - It will always take at least 3 or 4 minutes for the police to respond .It takes one second to kill a person .
_________________ Molon labe!
Service, honor and courage, without these a warrior is nothing. |
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Bushmaster Super Member
Joined: Jun 12, 2005 Posts: 11390 Location: Ava, Missouri
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Posted: Mon May 11, 2009 6:03 am Post subject: Re: Neat News Story |
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Or be killed...............
_________________ I have one nerve left and yer standin' on it...
DEMOCRACY Two wolves and one sheep voting on what to have for lunch...
LIBERTY A well armed sheep contesting the outcome of the vote... |
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chambered221 Super Member
Joined: Aug 17, 2007 Posts: 3455 Location: Lost for good !!!
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Posted: Mon May 11, 2009 7:51 pm Post subject: Re: Neat News Story |
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Bushmaster wrote: |
If you are running away with my Plasma 42" brand new TV...I'll shoot you in the back being careful not to hit my TV... |
Now why don't that surprise me !!!
_________________ Ask as many people needed, sooner or later your question will be answered the way you want it answered !!!
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.
~George Washington |
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Bushmaster Super Member
Joined: Jun 12, 2005 Posts: 11390 Location: Ava, Missouri
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Posted: Mon May 11, 2009 9:05 pm Post subject: Re: Neat News Story |
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And you had plans for my 42" plasma brand new TV?
_________________ I have one nerve left and yer standin' on it...
DEMOCRACY Two wolves and one sheep voting on what to have for lunch...
LIBERTY A well armed sheep contesting the outcome of the vote... |
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wiersy111 Super Member
Joined: May 13, 2009 Posts: 2376 Location: Central Minnesota
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Posted: Thu May 14, 2009 7:55 pm Post subject: Re: Neat News Story |
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Living in a rural area it takes the local law enforcement half hour or more to respond, depending on what side of the county they are on at the time.
_________________ A veteran is someone who, at one point in his life wrote a blank check made payable to "The United States of America " for an amount of "up to and including my life."
US ARMY RETIRED
The original point and click interface was a Smith & Wesson.
Being "Over the Hill" is much better then being under it! |
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