“According to Tennessee law, individuals can use deadly force if they reasonably believe it is necessary to avoid death or serious bodily injury at the hands of another person.”
So in this case, even if Pizza guy had been messing with perps car, lethal force wouldn’t be authorized.
I’m from Finland and I definitely get it. It’s the same exact reason for why I loved shooting soda cans with my bb gun as a kid and airsofting as little older. I’d definitely buy a real one if I could and I’m glad I can’t.
Babcock told police what he could see on his Ring camera made him think someone was breaking into his car, so he went outside and started shooting.
He’s already invalidated that claim with his own words. In the US you’re only allowed to use deadly force in proportional response, to prevent death or great bodily injury to yourself or another innocent party.
Sorry, but that’s not exactly right, because in several areas, the prevention of death or great bodily harm also includes the scenario where if you were to attempt to reclaim control over your property, you would be putting yourself in those same risk categories. See 9.42 (3)(B) here, where I have had the misfortune of having to research the law before. In other words, if you think the person is stealing your stuff and could harm you if you try to recover said stuff… well, you’re ‘legally’ allowed to start blasting.
Not exactly. You can defend property with normal force, and if that turns deadly you can then be authorized to use deadly force, but the deadly threat does still have to present itself.
As in, he could have walked outside, gun in holster or even in hand at low ready, and said “get the fuck out of here,” or punched or OC sprayed him (of course, this is all if he was actually stealing the car, since he wasn’t this would also be assault, but ykwim), and then if the guy pulls a knife, or blunt instrument like a pipe, or goes for a gun instead of retreating, then you can shoot him.
These laws are all very state specific, as well, but by and large that’s how it works, you can’t just start blasting because “well anyone could have a gun or knife.”
That said, it’s still up to the DA to bring charges and the jury to convict, even though it is a crime I’m sure you can find a case that fits the description where the guy got off, hell OJ got off, but it is still illegal. In this case the DA did bring charges, which indicates to me it’s illegal enough that the DA thinks they can win.
I’m disagreeing with your statement that “you’re only allowed to use deadly force in proportional response,” not with whether this case is being prosecuted rightly or not.
Mate, read that link I put in there. I can tell you, from experience, that if you shoot at someone stealing your property in Texas, where that penal code I posted is from, that exact portion of the statute is going to be used and you will not be convicted. It really is “anyone could have a gun or knife.” At least Texas has it so just theft has to be during the nighttime, so I guess that’s something.
You’ll also get similar worded statutes in many other states in the US, several of which, stating this again, where I’ve had the misfortune of having to research those laws. And that “reasonable belief” part about exposing yourself to risk of serious bodily injury or death? I have seen it applied to people who are simply physically larger than you. Proportional response is a moot concept.
generally, the right to self defense requires a reasonable belief that there is imminent, severe bodily harm; and even then, the measures you take must be proportionate and reasonable. every state has it’s own nuances, though.
As far as the general laws go… somebody standing on a street corner leering at you? it’s proportionate and reasonable to cross the street. Somebody brandishes a firearm and says they’re going to kill you? it’s reasonable to believe them. (unless you know them, and you know they’re joking. Details. those kind of jokes aren’t really funny though.)
Simple trespass is not itself a threat. The teen was presumably unarmed. At no point was the asshole reasonably in need of self defense.
Mostly yes. Consider an actual deadly threat with someone shooting at you. You start shooting back and they duck for cover. They shoot again, you shoot again, and again they duck for cover. If I was on that jury, I’m not convicting you for shooting at the person ducking for cover. This is an extremely specific and nuanced hypothetical. So mostly yes, but there could be some million to one scenario that doesn’t follow that track.
Gavin Newsom or Jon Stewart would be the only people with name recognized and the politics to win. Knowing the DNC will get Hillary Clinton or Hakeem Jeffries
But I also really can’t bring myself to care about this. Assange has fans, including rich ones, that are willing to give him money to help cover his debts. That’s far less surprising than Trump fans giving him money to help cover his debts.
Since the change of ownership in 2016, concerns have been raised about the paper’s editorial independence and self-censorship. Critics including The New York Times, Der Spiegel, and The Atlantic have alleged that the paper is on a mission to promote China’s soft power abroad.[9][10]
I don’t like the source either, and usually I never link to SCMP or other Chinese propaganda media. In that case, however, I made an excemption (maybe it wasn’t a good idea, just let me know that) as the article doesn’t promote China’s official agenda. The article is highly critical of the Chinese health system, even citing ordinary citizens’ posts, and it comes from a paper like SCMP.
Occasionally, the SCMP posts something like this, where the title seems to support a non-CCP viewpoint. If you read the content of the article, however, it merely reiterates the reasons the CCP claim the South China Sea.
Yes, I fully agreed. Usually I don’t post the SCMP as it is Chinese state-controlled media. I did it in that case (and in another post in this community) as it provides a glimpse into Chinese propaganda planning. This is why I posted it here, but please let me know if you think I am mistaken.
news
Hot
This magazine is from a federated server and may be incomplete. Browse more on the original instance.