Self Defense Self Incrimination

[MJS]

I am not a lawyer, but here is the layman's version as I understood it:

- You can kill an intruder if it is dark and he surprises you. If you hit someone on the head with a frying pan because he was sneaking up the stairs in the night, then that's fine.
- If someone actually threatens you or your family (or anyone in your care) then it's fine too. Although even then, the defense has to be proportionate to the threat.

That's it. If someone doesn't threaten you, or if he just turns and walks out with your vcr... you'd better not harm him because you're in a heap of trouble.

So suppose I was to say something like 'Hey, if someone is stealing my stuff, he is dead, no matter what'. Yep. Busted. Because if I was unlucky enough to ever end up in such a situation, and there is a confrontation and the burglar ends up dead, then it is uncertain what will happen.

If the DA believes that the burglar attacked me, or if he thinks that there was some sort of confrontation that went out of hand, then I am home free. But if he somehow finds my machismo talk, then I am in deep ****. Because then he can make a good case that I was already predetermined to kill that burglar, and that I initiated the confrontation with deadly intentions.
It's crazy, but I might end up paying compensation to the family of the poor dead burglar, on top of doing 10-30 year in prison.

Yes, it stinks.
No, I don't agree. My home should be my castle.
But it doesn't make a difference what I think. This is reality.
Btw, this is true in many other countries. Most European countries in any case.

Someone comes into my house, uninvited, in the middle of the night, he gets whatever he gets. In other words, I dont know who this person is, is he armed, what his intentions are. Too many home invasions where the family ends up dead, and I'm not going to be a statistic if I can help it. If the cops, lawyer or anyone else, thinks that for one minute, that I'm going to leave my house so this guy can take my stuff or just let him walk out with my tv and computer, they're all nuts, because its not happening if I have anything to say about it.

My actions will depend on his actions. If he's coming at me or my wife with a knife, then I can assure you I'll do what I have to do to survive. If its a toss up between him or I, I'm going to make damn sure its me that wins.

A family here in Ct, was brutally attacked, the wife and one of the daughters raped, the mother and both daughters end up dead, with the only survivor being the husband, who was beaten pretty bad but managed to escape. Oh, did I mention that the 2 dirt bags lit the house on fire too. Now this guy has no family, no house, and 2 scumbags are to blame. Sorry, but I have no remorse or compassion for anyone like that.

Problem is, is that there're too many bleeding hearts who run to the defense of the BG saying that he grew up without a dad, his mom was a crack addict, blah, blah, blah. Sorry, but there're lots of people who have it rough growing up, and I doubt they all grow up to be **** bags.

 

[MJS]

Just to add onto my above post....

I could spend all of 5-10 min on here, surfing various threads, and I'd be willing to bet anything that I could find countless posts where there are 'questionable' things that were said. If someone were to post an article about a shopkeeper who defended himself with a gun during a robbery attempt, and the replies were praising the clerk for what he did, comments saying that if they were in his shoes, they'd do the same thing, etc., etc. then by the logic on this thread, anyone who says anything like that is guilty and now has a target on their back. But if we think about it, people say stuff like that all the time.

I have over 20,000 posts on this forum. Are you saying that a lawyer is going to sift thru 20,000+ posts just to see my comments? Let me say this in closing. In the 35yrs of my life, the only run ins with the police have been very minor, the offenses being:

1) Supposedly going thru, or as he put it, blasting thru the stop sign. Umm, yeah, in a 4cyl. car. Dont think so. LOL.

2) Pulled over once by the State Police because I swerved. There was something going on, on the other side of the highway, so like everyone else, I glanced over for a second. It was after 12am, I was right at my exit, so no harm, no foul.

3) Pulled over by a town cop, again for swerving. I was a few miles from home, had just got off a double shift, was tired. Again, no harm, no foul, no ticket.

All that being said, if I were to face the need to defend myself, I'm sure my past, will come into play. Not a criminal by any means, for a few simple things, which resulted in little to no action. I have no police record, I work in a law enforcement environment, over all, I'm a pretty good upstanding guy. Compared to the other guy who tried to mug me, who has 30 or more prior convictions for various crimes. I think its a pretty safe bet that if this guy did take me to court for injuries he got during his attack on me, both him and his public defender would probably get laughed out of the court room.

 

[BLACK LION]

What training???

what guns???

 

[girlbug2]

And finally, in Missouri where I live, state law has granted IMMUNITY from civil liability to anyone who has used force in lawful self defense (Meaning that no criminal charges are applicable) with the PLAINTIFF being liable for ALL fees involved with any attempt at litigation.......pretty much negating any bottom feeder attorney fishing expeditions.

Missouri, here I come!

 

[MJS]

What training???

what guns???

So basically admit nothing. Or as the saying goes..."Admit nothing, deny everything, and demand proof."

 

[Kacey]

Here are the rules I was taught for self-defense:

1) Don't get into a situation in which you need to defend yourself.
2) If you do get into such a situation, run like hell.
3) If you can't run, do whatever is necessary to get free; see 2nd rule.

The key point of interpretation here, of course, is the word "necessary" - this is point at which each situation requires it's own response.

The problem with saying "If x, then y" is that every situation is different; the setting, the participants, levels of training, bystanders, circumstances, etc. "What if" is a game that makes for good discussions - but it's meaningless until a situation occurs in which self-defense becomes meaningful. No matter how well trained you are, no matter what your intent - until you need to defend yourself, you don't know, you can't know, for certain, what you will should you need to, and the circumstances in which you find yourself will, to an extent, dictate your response. To give absolutes is to limit yourself.