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(Yahoo)   FL's "stand Your ground" defense has worked in cases where the attacker was running at the shooter backwards or even cleverly lying prone on the ground to lull them into a false sense of security   (news.yahoo.com) divider line 283
    More: Florida, legal defense, America First, Sunnyvale, California, reasonable beliefs, waste of time, security, investigation  
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7004 clicks; posted to Main » on 05 Jun 2012 at 2:04 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-06-06 12:15:10 PM
PsiChick: Silly Jesus: Damnit Subby...

Your "article" is merely a long winded link to a several day old article, which is a rehashing of a month old article from the same "newspaper."

And yet still worth the greenlight.

/Amazingly enough, useful information does not come with expiration dates.


This information was already discussed at length in more than one other thread.

Thanks for your contribution to the dialogue, though.
 
2012-06-06 12:15:19 PM
PsiChick: Silly Jesus: Damnit Subby...

Your "article" is merely a long winded link to a several day old article, which is a rehashing of a month old article from the same "newspaper."

And yet still worth the greenlight.

/Amazingly enough, useful information does not come with expiration dates.


Except said "useful" information is biased to the nth degree, and does not even begin to cover the nuances or individual particulars of each case being measured. Funny how statistics can be made to show whatever you want...
 
2012-06-06 12:24:23 PM
Kit Fister: PsiChick: Silly Jesus: Damnit Subby...

Your "article" is merely a long winded link to a several day old article, which is a rehashing of a month old article from the same "newspaper."

And yet still worth the greenlight.

/Amazingly enough, useful information does not come with expiration dates.

Except said "useful" information is biased to the nth degree, and does not even begin to cover the nuances or individual particulars of each case being measured. Funny how statistics can be made to show whatever you want...


These aren't statistics, these are cases where the law is being used to get away with murder (because if someone's lying on the ground or walking away, hey, they aren't a threat anymore). So that means there's a loophole, and it needs to be closed.

I don't see any bias in the article beyond what's always present in journalism nowadays.
 
2012-06-06 12:36:16 PM
PsiChick: Kit Fister: PsiChick: Silly Jesus: Damnit Subby...

Your "article" is merely a long winded link to a several day old article, which is a rehashing of a month old article from the same "newspaper."

And yet still worth the greenlight.

/Amazingly enough, useful information does not come with expiration dates.

Except said "useful" information is biased to the nth degree, and does not even begin to cover the nuances or individual particulars of each case being measured. Funny how statistics can be made to show whatever you want...

These aren't statistics, these are cases where the law is being used to get away with murder (because if someone's lying on the ground or walking away, hey, they aren't a threat anymore). So that means there's a loophole, and it needs to be closed.

I don't see any bias in the article beyond what's always present in journalism nowadays.


I know that facts get in the way of sensationalism and knee jerk emotional responses, but stick with me here for a second.

The incident where the guy was shot while laying on the ground...yeah, that was nearing the end of two people shooting at one another. Guns still work even if you are laying on your back while you use it, and bullets are hard to outrun. In other words, someone laying on their back with a gun pointed at you is still a pretty big threat to your life.

I didn't immediately find the details for the walking away / shot in back case, but I'm pretty comfortable assuming that it had some merit given how the above example was sensationalized by leaving out important details.
 
2012-06-06 12:47:19 PM
PsiChick: These aren't statistics, these are cases where the law is being used to get away with murder (because if someone's lying on the ground or walking away, hey, they aren't a threat anymore). So that means there's a loophole, and it needs to be closed.

If a person tries to harm you, see your gun and starts to walk away, that doesn't automatically mean the threat has stopped. All that has to happen is for them to reach into their pocket or waist area like they're retrieving a weapon to restart the assault. Same thing lying on the ground-they attack, see your gun, pretend to surrender, and act as though they're retrieving a weapon. Not saying that happened here, just that lying on the ground or walking away do not always mean that the threat has stopped.

OTOH, if it's true and people are being shot while walking away and/or lying on the ground (and not temporarily retreating as above) and the shooter is getting away with it because of this law, then only thing that's really happening is that average citizens are now able to shoot and kill with a level or impunity closer to that of police officers.
 
2012-06-06 12:54:16 PM
Silly Jesus: Eh, it's all about painting a picture. Terms are used for a reason

Spin it any way you want, he followed him with the intent of not letting Martin be another "asshole that got away".

Silly Jesus: It's implied from your side.

I don't have a side. I would say you inferred it.

Silly Jesus: Yes, that's quite insensitive, how dare he provide an accurate description of all of those that had committed crimes in the neighborhood in the recent months.

So every crime committed was committed by a black youth? I assume you can link to the police report of every crime committed, and the subsequent arrest and conviction of a young black male for the crime?

Silly Jesus: If I remember correctly, he did not know his race when he was initially following him (as per the 911 call).

When asked, he said he was black. Just as he did in every call he made to the police regarding a suspicious person.

Silly Jesus: Also, are you completely unable to grasp that sometimes, due to demographics and crime patterns (see my example above of my college neighborhood) race *ghasp* might just be a valid component of establishing in your mind whether someone is suspicious or not?

You are absolutely correct. In Zimmerman's case, EVERY young black male was automatically suspicious. Not as a component. Black = suspicious.

Silly Jesus: It doesn't make him a racist murderer though.

A: I've never said he was a racist. I've said that Martin's race was the only factor in determining, in Zimmerman's mind, that he was suspicious.
B: I've never said he was a murderer. He has not been convicted.

Silly Jesus: It works both ways...

Yes, it does. So, which is it? Did Zimmerman slap his girlfriend? Did he assault an officer? Your side, I think we can safely say you are on Zimmerman's side, wants to discount both the girlfriend and the officer. But, you want to accept as fact the tweet from a cousin. Pot, meet kettle.
 
2012-06-06 01:01:09 PM
Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I know that facts get in the way of sensationalism and knee jerk emotional responses, but stick with me here for a second.

The incident where the guy was shot while laying on the ground...yeah, that was nearing the end of two people shooting at one another. Guns still work even if you are laying on your back while you use it, and bullets are hard to outrun. In other words, someone laying on their back with a gun pointed at you is still a pretty big threat to your life.

I didn't immediately find the details for the walking away / shot in back case, but I'm pretty comfortable assuming that it had some merit given how the above example was sensationalized by leaving out important details.


In the case of the person laying on his back, the question then becomes: Why was he on his back? Was he realistically able to lift the gun and fire it, or was he injured?

And more to the point: That's one case. You might be comfortable assuming the other cases have merit. I have a lot more experience with people who will unhesitatingly try to punish people they think are in the wrong, and that type of person usually loves guns and Stand Your Ground type laws because it lets them fantasize about punishing people via execution and getting away with it. Laws aren't made under the assumption that everyone's a good person, and when you do try to make laws that way, you get very bad situations arising. Laws work best when made under the idea that some people are assholes.
 
2012-06-06 01:09:26 PM
So the obvious solution is MORE GUNS! Amirite?
 
2012-06-06 01:11:16 PM
PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I know that facts get in the way of sensationalism and knee jerk emotional responses, but stick with me here for a second.

The incident where the guy was shot while laying on the ground...yeah, that was nearing the end of two people shooting at one another. Guns still work even if you are laying on your back while you use it, and bullets are hard to outrun. In other words, someone laying on their back with a gun pointed at you is still a pretty big threat to your life.

I didn't immediately find the details for the walking away / shot in back case, but I'm pretty comfortable assuming that it had some merit given how the above example was sensationalized by leaving out important details.

In the case of the person laying on his back, the question then becomes: Why was he on his back? Was he realistically able to lift the gun and fire it, or was he injured?

And more to the point: That's one case. You might be comfortable assuming the other cases have merit. I have a lot more experience with people who will unhesitatingly try to punish people they think are in the wrong, and that type of person usually loves guns and Stand Your Ground type laws because it lets them fantasize about punishing people via execution and getting away with it. Laws aren't made under the assumption that everyone's a good person, and when you do try to make laws that way, you get very bad situations arising. Laws work best when made under the idea that some people are assholes.


So, instead of researching and finding out the merits of each case in question, you use your own presumptions and prejudices to make assumptions about the intent and facts of the case, whether or not they are supported. Sorta like all those conservatives calling Obama a socialist, or those liberals blaming bush for things he was only a figurehead for. No sir, don't let facts get in the way of a good hate-on.

That said, why was the guy on the ground? Maybe he was attempting to flee and tripped and fell. Maybe the guy pursuing him knocked him to the ground. Maybe someone else knocked him to the ground. Maybe the guy hurt himself and fell. Do you know? I don't. But I can think of a million scenarios where the person on the ground had a legitimate reason to shoot the other guy in the back and still be defending himself, and all of those scenarios are equally true until there is evidence that specifically rules them out.

Since I know you'll balk, consider:

I'm being pursued by one or more people who stopped me on the street, threatened harm if I didn't give over my valuables, etc. The threat pursues me as I'm attempting to disengage and I fall, or I've been knocked to the ground in place. I am now at a significant defensive disadvantage because have no mobility and am unable to retreat from the threat further without further exposing myself to harm. The guy has a weapon, or appears to be reaching for a weapon, gets distracted and turns around for a moment, and I seize on that opportunity, given body language and continued threats, to defend myself because I have no means of otherwise getting away or doing something. I happen to catch him turned around when I fire.

That's still reasonable self defense, because it is unclear that the threat is disengaged rather than simply checking to make sure there are no witnesses before escalating his attack.

However, you come along and see me on the ground and him with his back to me and me shooting him. Since you don't know the context or situation, all you see is a guy who appears to be the loser of a fight shoot a guy in the back.

Amazing what context does for the person.

Here's another, more classic example of the same argument of context:

You are a police officer who arrives on the scene and find a man holding a bloody knife over the body of a stabbing victim. Is this person the killer holding the murder weapon, or is this a good samaritan who has stopped to render aid to the victim and happens to be holding the knife because he pulled it out of the person he was attempting to help?

Clearly, some folks would automatically assume he's a murderer when he very easily could be guilty of nothing more than attempting to render assistance.
 
2012-06-06 01:12:06 PM
Paschal: So the obvious solution is MORE GUNS! Amirite?

1/10. Try harder.
 
2012-06-06 01:19:57 PM
Paschal: So the obvious solution is MORE GUNS! Amirite?

Right now, in the US, there are somewhere in the neighborhood of 300 million firearms. Everyone that wants one has one, and it's still very easy to get one. What would your solution be? Take away guns?
 
2012-06-06 01:24:55 PM
Kit Fister: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I know that facts get in the way of sensationalism and knee jerk emotional responses, but stick with me here for a second.

The incident where the guy was shot while laying on the ground...yeah, that was nearing the end of two people shooting at one another. Guns still work even if you are laying on your back while you use it, and bullets are hard to outrun. In other words, someone laying on their back with a gun pointed at you is still a pretty big threat to your life.

I didn't immediately find the details for the walking away / shot in back case, but I'm pretty comfortable assuming that it had some merit given how the above example was sensationalized by leaving out important details.

In the case of the person laying on his back, the question then becomes: Why was he on his back? Was he realistically able to lift the gun and fire it, or was he injured?

And more to the point: That's one case. You might be comfortable assuming the other cases have merit. I have a lot more experience with people who will unhesitatingly try to punish people they think are in the wrong, and that type of person usually loves guns and Stand Your Ground type laws because it lets them fantasize about punishing people via execution and getting away with it. Laws aren't made under the assumption that everyone's a good person, and when you do try to make laws that way, you get very bad situations arising. Laws work best when made under the idea that some people are assholes.

So, instead of researching and finding out the merits of each case in question, you use your own presumptions and prejudices to make assumptions about the intent and facts of the case, whether or not they are supported. Sorta like all those conservatives calling Obama a socialist, or those liberals blaming bush for things he was only a figurehead for. No sir, don't let facts get in the way of a good hate-on.

That said, why was the guy on the grou ...


No, that's not my argument at all. My argument is that there is a group of people who are hardwired to use this law the wrong way, and we currently have no mechanism for catching these abusers of the law. There is one case where, as it turns out, it's not a good example, but the other two cases may actually be a very good example of those times.

Yes, there are times where Stand Your Ground is a wholeheartedly good law, which you outlined quite well. There is a group of people documented by psychology who will abuse it. We need to address both.
 
2012-06-06 01:34:58 PM
NightOwl2255: Silly Jesus: Eh, it's all about painting a picture. Terms are used for a reason

Spin it any way you want, he followed him with the intent of not letting Martin be another "asshole that got away".

...by maintaining visual contact with him so that he could direct the police to his location.

Silly Jesus: It's implied from your side.

I don't have a side. I would say you inferred it.

Fair enough.

Silly Jesus: Yes, that's quite insensitive, how dare he provide an accurate description of all of those that had committed crimes in the neighborhood in the recent months.

So every crime committed was committed by a black youth? I assume you can link to the police report of every crime committed, and the subsequent arrest and conviction of a young black male for the crime?

From what I have read, the many burglaries in the neighborhood, in the months prior to this incident, were committed by young black males. I remember off hand one incident where some construction workers across the street noticed the burglary and were able to direct the cops to their location and get them arrested.
I don't have access to their police reports.
People commit crimes all the time and are not arrested for them...but they still committed them.
People commit crimes all the time and are not convicted of them...but they still committed them.
Here's an article from CNN about the burglaries and the race of the individuals involved.
Neighbors say that all 8 of the burglaries in the prior 15 months were committed by young black males. The media was only able to confirm that young black males were involved in 3 or 4 of those. So I don't know where the information of the neighbors comes from. A neighbor also stated that Zimmerman previously scared off a black male attempting to break into his (the neighbor's) apartment. This would have been the 9th burglary.
So, based on there being no documentation in half of the cases, I'll concede that my prior statement (based on the word of neighbors) is a little flimsy as far as ALL of the burglars being young black males. Half of them were though...and the other half were unknown. I don't think that it's a huge stretch to see a pattern there and make some educated guesses about the other half of the burglaries, but, I'll admit, it could have been white guys etc.


Silly Jesus: If I remember correctly, he did not know his race when he was initially following him (as per the 911 call).

When asked, he said he was black. Just as he did in every call he made to the police regarding a suspicious person.

Ok, I took the time to look it up and I was recalling incorrectly. He initially said "he looks black" and was unsure. Later he confirms that he is black when he is able to see him more clearly.

Silly Jesus: Also, are you completely unable to grasp that sometimes, due to demographics and crime patterns (see my example above of my college neighborhood) race *ghasp* might just be a valid component of establishing in your mind whether someone is suspicious or not?

You are absolutely correct. In Zimmerman's case, EVERY young black male was automatically suspicious. Not as a component. Black = suspicious.

Citation Needed

Silly Jesus: It doesn't make him a racist murderer though.

A: I've never said he was a racist. I've said that Martin's race was the only factor in determining, in Zimmerman's mind, that he was suspicious. Citation Needed
B: I've never said he was a murderer. He has not been convicted. Ah, I see what you did there.

Silly Jesus: It works both ways...

Yes, it does. So, which is it? Did Zimmerman slap his girlfriend? Did he assault an officer? Your side, I think we can safely say you are on Zimmerman's side, wants to discount both the girlfriend and the officer. But, you want to accept as fact the tweet from a cousin. Pot, meet kettle.

I don't completely discount those incidents, but I do put the police incident into context and take the word of the girlfriend with a grain of salt (in college I knew more than one girl who would routinely start shiat with her bf and then call the cops). Also, if you are of the opinion that the word of Zimmerman's girlfriend should be taken as the gospel, then you should also take the word of Martin's Twitter and Facebook friends etc. as the gospel.
 
2012-06-06 01:44:07 PM
PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I know that facts get in the way of sensationalism and knee jerk emotional responses, but stick with me here for a second.

The incident where the guy was shot while laying on the ground...yeah, that was nearing the end of two people shooting at one another. Guns still work even if you are laying on your back while you use it, and bullets are hard to outrun. In other words, someone laying on their back with a gun pointed at you is still a pretty big threat to your life.

I didn't immediately find the details for the walking away / shot in back case, but I'm pretty comfortable assuming that it had some merit given how the above example was sensationalized by leaving out important details.

In the case of the person laying on his back, the question then becomes: Why was he on his back? Was he realistically able to lift the gun and fire it, or was he injured?

And more to the point: That's one case. You might be comfortable assuming the other cases have merit. I have a lot more experience with people who will unhesitatingly try to punish people they think are in the wrong, and that type of person usually loves guns and Stand Your Ground type laws because it lets them fantasize about punishing people via execution and getting away with it. Laws aren't made under the assumption that everyone's a good person, and when you do try to make laws that way, you get very bad situations arising. Laws work best when made under the idea that some people are assholes.


It would be interesting if it were possible to design a study to determine if any of these people in these example cases thought about SYG prior to making their decision to shoot.

It's similar to people that argue that the death penalty is a deterrent to people committing murder. Maybe in a vary rare instance, but in the vast majority of murders, which are split second decisions made without a perfectly clear mind (adrenaline, tunnel vision etc.), people aren't consciously analyzing the consequences of their actions. That is done immediately afterwards.

I think that SYG is likely the same way. I doubt that many, if any, of these decisions to shoot were made with SYG actively in mind. It merely comes in to play later.

Hell, people here, after having read the statute 100 times, can't even figure it out. I highly doubt that these low lifes (mostly) are pondering the legal ramifications of a complex statute in the midst of a shoot out.

tl;dr
I don't buy into the notion that the SYG law changes the behavior of folks in the vast majority of these cases. It merely comes up as a defense after the fact and people assume that it was part of the decision making process during the commission of the crime.
 
2012-06-06 01:57:11 PM
Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus: It would be interesting if it were possible to design a study to determine if any of these people in these example cases thought about SYG prior to making their decision to shoot.

It's similar to people that argue that the death penalty is a deterrent to people committing murder. Maybe in a vary rare instance, but in the vast majority of murders, which are split second decisions made without a perfectly clear mind (adrenaline, tunnel vision etc.), people aren't consciously analyzing the consequences of their actions. That is done immediately afterwards.

I think that SYG is likely the same way. I doubt that many, if any, of these decisions to shoot were made with SYG actively in mind. It merely comes in to play later.

Hell, people here, after having read the statute 100 times, can't even figure it out. I highly doubt that these low lifes (mostly) are pondering the legal ramifications of a complex statute in the midst of a shoot out.

tl;dr
I don't buy into the notion that the SYG law changes the behavior of folks in the vast majority of these cases. It merely comes up as a defense after the fact and people assume that it was part of the decision making process during the commission of the crime.


I agree. Like I said, there's a group of people who are very likely to abuse the law to begin with. That's my problem with it--there's no addressing of the loophole. The law's basic principle is fine by me.
 
2012-06-06 01:59:50 PM
PsiChick: No, that's not my argument at all. My argument is that there is a group of people who are hardwired to use this law the wrong way, and we currently have no mechanism for catching these abusers of the law. There is one case where, as it turns out, it's not a good example, but the other two cases may actually be a very good example of those times.

Yes, there are times where Stand Your Ground is a wholeheartedly good law, which you outlined quite well. There is a group of people documented by psychology who will abuse it. We need to address both.


Unfortunately, there are pathological predators that abuse just about any legal loophole they can. Congress critters are a classic example. Which is better: obfuscate the law to stop the few who would abuse it and, along with judges who are already biased in one way or another, deny protection to the vast majority of people who the law is meant to protect with an 'oh well, gotta break a few eggs' approach, or do you accept that the law will never be perfect, no matter HOW complex it's written, and accept that the law can only lay a groundwork and it takes competent people in the judicial system to make sure that those who truly are guilty are found guilty?

The problem with the crowd that wants to take away guns/restrict guns/drop CCW/whatever is that they are treating a symptom, they are not addressing the problem directly. The only way to do so logically is to push for more education and to place responsibility where it belongs. Now that is certainly easier said than done.
 
2012-06-06 02:06:28 PM
PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus: It would be interesting if it were possible to design a study to determine if any of these people in these example cases thought about SYG prior to making their decision to shoot.

It's similar to people that argue that the death penalty is a deterrent to people committing murder. Maybe in a vary rare instance, but in the vast majority of murders, which are split second decisions made without a perfectly clear mind (adrenaline, tunnel vision etc.), people aren't consciously analyzing the consequences of their actions. That is done immediately afterwards.

I think that SYG is likely the same way. I doubt that many, if any, of these decisions to shoot were made with SYG actively in mind. It merely comes in to play later.

Hell, people here, after having read the statute 100 times, can't even figure it out. I highly doubt that these low lifes (mostly) are pondering the legal ramifications of a complex statute in the midst of a shoot out.

tl;dr
I don't buy into the notion that the SYG law changes the behavior of folks in the vast majority of these cases. It merely comes up as a defense after the fact and people assume that it was part of the decision making process during the commission of the crime.

I agree. Like I said, there's a group of people who are very likely to abuse the law to begin with. That's my problem with it--there's no addressing of the loophole. The law's basic principle is fine by me.


I don't think that such a "loophole" can be closed though. Besides, I look at it in the same light as the "it is better to let ten guilty men go free than to wrongfully hold one innocent man" concept.
 
2012-06-06 02:07:38 PM
Kit Fister: PsiChick: No, that's not my argument at all. My argument is that there is a group of people who are hardwired to use this law the wrong way, and we currently have no mechanism for catching these abusers of the law. There is one case where, as it turns out, it's not a good example, but the other two cases may actually be a very good example of those times.

Yes, there are times where Stand Your Ground is a wholeheartedly good law, which you outlined quite well. There is a group of people documented by psychology who will abuse it. We need to address both.

Unfortunately, there are pathological predators that abuse just about any legal loophole they can. Congress critters are a classic example. Which is better: obfuscate the law to stop the few who would abuse it and, along with judges who are already biased in one way or another, deny protection to the vast majority of people who the law is meant to protect with an 'oh well, gotta break a few eggs' approach, or do you accept that the law will never be perfect, no matter HOW complex it's written, and accept that the law can only lay a groundwork and it takes competent people in the judicial system to make sure that those who truly are guilty are found guilty?

The problem with the crowd that wants to take away guns/restrict guns/drop CCW/whatever is that they are treating a symptom, they are not addressing the problem directly. The only way to do so logically is to push for more education and to place responsibility where it belongs. Now that is certainly easier said than done.


Or we could just state in the law that the attacker cannot shoot if the person is making a gesture recognizable by the average person as an attempt to disengage. Problem solved.

/This isn't actually just one or two sociopaths, BTW, this is a very large group of people. Your argument would hold a lot of merit except for that.
 
2012-06-06 02:20:28 PM
Silly Jesus: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I don't think that such a "loophole" can be closed though. Besides, I look at it in the same light as the "it is better to let ten guilty men go free than to wrongfully hold one innocent man" concept.


See above post.
 
2012-06-06 02:21:44 PM
PsiChick: Kit Fister: PsiChick: No, that's not my argument at all. My argument is that there is a group of people who are hardwired to use this law the wrong way, and we currently have no mechanism for catching these abusers of the law. There is one case where, as it turns out, it's not a good example, but the other two cases may actually be a very good example of those times.

Yes, there are times where Stand Your Ground is a wholeheartedly good law, which you outlined quite well. There is a group of people documented by psychology who will abuse it. We need to address both.

Unfortunately, there are pathological predators that abuse just about any legal loophole they can. Congress critters are a classic example. Which is better: obfuscate the law to stop the few who would abuse it and, along with judges who are already biased in one way or another, deny protection to the vast majority of people who the law is meant to protect with an 'oh well, gotta break a few eggs' approach, or do you accept that the law will never be perfect, no matter HOW complex it's written, and accept that the law can only lay a groundwork and it takes competent people in the judicial system to make sure that those who truly are guilty are found guilty?

The problem with the crowd that wants to take away guns/restrict guns/drop CCW/whatever is that they are treating a symptom, they are not addressing the problem directly. The only way to do so logically is to push for more education and to place responsibility where it belongs. Now that is certainly easier said than done.

Or we could just state in the law that the attacker cannot shoot if the person is making a gesture recognizable by the average person as an attempt to disengage. Problem solved.

/This isn't actually just one or two sociopaths, BTW, this is a very large group of people. Your argument would hold a lot of merit except for that.


Unfortunately, whether it's 10 or 10,000, the point remains the same. You cannot deny the rights of everyone because some will abuse said rights.

That being said, adding verbiage to that effect is already a non-starter, because what exactly is recognizable by the average person as gesturing to disengage? would that not negate the cases where the person feigns disengaging in order to drop the guard of his quarry in order to soften them up for further attack? See, you can put in all the caveats you want, but the more you do, the more you strip the bill of the ability to protect those it was designed to protect.
 
2012-06-06 02:25:29 PM
PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I don't think that such a "loophole" can be closed though. Besides, I look at it in the same light as the "it is better to let ten guilty men go free than to wrongfully hold one innocent man" concept.

See above post.


I think, ultimately, it's incredibly naive to believe that, short of making laws that are so incredibly complex as to be simultaneously unenforceable and so broadly sweeping that they could be applied to anyone or everyone no matter the circumstances to prevent them the protections the law is designed to grant. I'm sorry, but this is not a case where we can say "yes, if we just do X, it will prevent more people from getting away with things".

It's the same basic justification people use to argue for more control of business by government, or more government programs, more government spending, etc. etc. etc.: oh, but if we only do this to close these loopholes or that to better control things, then what we're trying to stop won't happen", not realizing that doing so hurts no one but the truly innocent who do NOT have intentions of gaming the system.
 
2012-06-06 02:26:43 PM
PsiChick: Kit Fister: PsiChick: No, that's not my argument at all. My argument is that there is a group of people who are hardwired to use this law the wrong way, and we currently have no mechanism for catching these abusers of the law. There is one case where, as it turns out, it's not a good example, but the other two cases may actually be a very good example of those times.

Yes, there are times where Stand Your Ground is a wholeheartedly good law, which you outlined quite well. There is a group of people documented by psychology who will abuse it. We need to address both.

Unfortunately, there are pathological predators that abuse just about any legal loophole they can. Congress critters are a classic example. Which is better: obfuscate the law to stop the few who would abuse it and, along with judges who are already biased in one way or another, deny protection to the vast majority of people who the law is meant to protect with an 'oh well, gotta break a few eggs' approach, or do you accept that the law will never be perfect, no matter HOW complex it's written, and accept that the law can only lay a groundwork and it takes competent people in the judicial system to make sure that those who truly are guilty are found guilty?

The problem with the crowd that wants to take away guns/restrict guns/drop CCW/whatever is that they are treating a symptom, they are not addressing the problem directly. The only way to do so logically is to push for more education and to place responsibility where it belongs. Now that is certainly easier said than done.

Or we could just state in the law that the attacker cannot shoot if the person is making a gesture recognizable by the average person as an attempt to disengage. Problem solved.

Not sure if serious...

/This isn't actually just one or two sociopaths, BTW, this is a very large group of people. Your argument would hold a lot of merit except for that.

Citation Needed (as in specific evidence that anyone has read this law and gone out searching for someone that they could set up to kill within the framework of the law so that they could get away with murder)
 
2012-06-06 02:38:38 PM
Persnickety: kingoomieiii: Once again, the point of Stand Your Ground is to create special rights for gun owners.

Not only that, it encourages gun owners to make sure they kill the other party so their story can't be questioned.

And there's the problem of: If both parties feel threatened, can both legally be said to be standing their ground?


Gun owners, huh? All of them, right?

Sounds like we got ourselves a bleedin' heart liberal over here!

You go right on enjoying your fantasy land where there's no crimes and the policia are always looking out for you and will be there to protect you if something terrible ever happens.

The rest of us terrible, murder-driven psychopathic GUN OWNERS will go on feeling secure and improving our aim.
 
2012-06-06 02:45:24 PM
Kit Fister: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I don't think that such a "loophole" can be closed though. Besides, I look at it in the same light as the "it is better to let ten guilty men go free than to wrongfully hold one innocent man" concept.

See above post.

I think, ultimately, it's incredibly naive to believe that, short of making laws that are so incredibly complex as to be simultaneously unenforceable and so broadly sweeping that they could be applied to anyone or everyone no matter the circumstances to prevent them the protections the law is designed to grant. I'm sorry, but this is not a case where we can say "yes, if we just do X, it will prevent more people from getting away with things".

It's the same basic justification people use to argue for more control of business by government, or more government programs, more government spending, etc. etc. etc.: oh, but if we only do this to close these loopholes or that to better control things, then what we're trying to stop won't happen", not realizing that doing so hurts no one but the truly innocent who do NOT have intentions of gaming the system.


First, are you seriously arguing that anyone at all, regardless of their mental state, has the right to shoot someone in the back as they're walking away? That's what closing the loophole will address. It will not take away anyone's rights, because those rights never farking existed. Second, the reason this needs to be addressed is because of the group of people in the link I gave you. Seriously. Read it. I linked it for a reason. If I made a law saying 'anyone can run a light' and meant to say 'anyone can run a red light when there's no one else around and it's 3 AM', why on Earth would I assume people wouldn't start running green lights?

Silly Jesus: PsiChick: Kit Fister: PsiChick: Or we could just state in the law that the attacker cannot shoot if the person is making a gesture recognizable by the average person as an attempt to disengage. Problem solved.

Not sure if serious...

/This isn't actually just one or two sociopaths, BTW, this is a very large group of people. Your argument would hold a lot of merit except for that.

Citation Needed (as in specific evidence that anyone has read this law and gone out searching for someone that they could set up to kill within the framework of the law so that they could get away with murder).


That would be why I told you to read what I posted to Kit Fister, specifically the link I posted to him explaining why there is a valid cause for concern.

And no, no one is going to search them out. This will only be a problem if a high-RWA or double-high person winds up in a confrontation, much as a two-story building will only be a problem when a paraplegic needs something from the second story. One sentence not only fine-tunes the law, it gets rid of the problem altogether. Yes, there would need to be some standard for 'recognizable by the average person'. But there would be a very large loophole closed.
 
2012-06-06 03:05:34 PM
PsiChick: Kit Fister: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus:

I don't think that such a "loophole" can be closed though. Besides, I look at it in the same light as the "it is better to let ten guilty men go free than to wrongfully hold one innocent man" concept.

See above post.

I think, ultimately, it's incredibly naive to believe that, short of making laws that are so incredibly complex as to be simultaneously unenforceable and so broadly sweeping that they could be applied to anyone or everyone no matter the circumstances to prevent them the protections the law is designed to grant. I'm sorry, but this is not a case where we can say "yes, if we just do X, it will prevent more people from getting away with things".

It's the same basic justification people use to argue for more control of business by government, or more government programs, more government spending, etc. etc. etc.: oh, but if we only do this to close these loopholes or that to better control things, then what we're trying to stop won't happen", not realizing that doing so hurts no one but the truly innocent who do NOT have intentions of gaming the system.

First, are you seriously arguing that anyone at all, regardless of their mental state, has the right to shoot someone in the back as they're walking away? That's what closing the loophole will address. It will not take away anyone's rights, because those rights never farking existed. Second, the reason this needs to be addressed is because of the group of people in the link I gave you. Seriously. Read it. I linked it for a reason. If I made a law saying 'anyone can run a light' and meant to say 'anyone can run a red light when there's no one else around and it's 3 AM', why on Earth would I assume people wouldn't start running green lights?

Silly Jesus: PsiChick: Kit Fister: PsiChick: Or we could just state in the law that the attacker cannot shoot if the person is making a gestu ...


Your specific suggestion for closing the loophole simply would not work. There may be another way out there, but your suggestion isn't it. Hint: I can give the signal, you put down your weapon, I immediately raise mine and shoot you. Ta-da!

As Kit Fister said above. You would have to add so many caveats to it to make it water tight that it would be 10,000 pages long and become meaningless.

I scanned your linked article...I know that those people exist, but this law can't be structured in such a way that it takes them into account and at the same time remain effective for everyone else. Either you have the law with loopholes, or you do away with it altogether.
 
2012-06-06 03:06:14 PM
PsiChick: And no, no one is going to search them out. This will only be a problem if a high-RWA or double-high person winds up in a confrontation, much as a two-story building will only be a problem when a paraplegic needs something from the second story. One sentence not only fine-tunes the law, it gets rid of the problem altogether. Yes, there would need to be some standard for 'recognizable by the average person'. But there would be a very large loophole closed.

Says you, that remains to be seen as to whether it simply swings the law the other direction and makes it damn near impossible to apply the law where it's justifiably applied.

Fear of the hypothetical is absurd when you have other issues which are far more real.
 
2012-06-06 03:19:33 PM
Silly Jesus: Also, if you are of the opinion that the word of Zimmerman's girlfriend should be taken as the gospel, then you should also take the word of Martin's Twitter and Facebook friends etc. as the gospel.

Zimmerman's girlfriend call the police, twice, and reported violent actions by Zimmerman. I put a lot more weight on a person who actually calls the police and makes a report than I do on a one line tweet that we don't even know was actually directed to Martin. And I put an enormous amount of weight on the fact that Zimmerman basically admitted to assaulting the officer and was required to take anger management classes.

As I've said, and I stand by it, Zimmerman was a greater risk to the safety of certain members the neighborhood than Martin was to anyone. We have Martin who was walking home, and short of being targeted, followed and killed by Zimmerman, we would have never heard of any of these people. We have Zimmerman who was an armed man with a history of violence and an attitude, and he was gawd-damn sure not gonna let another one of these assholes get away.

Is Zimmerman guilty of a crime, maybe, even probably, not, but he damn sure is no one to be admired. And this case is not one anyone should use to hang their hat on. Not CCW supporters. Not SYG type law supporters. Zimmerman brought this on himself.
 
2012-06-06 03:25:17 PM
Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Silly Jesus: PsiChick: Kit Fister: PsiChick: Silly Jesus: Your specific suggestion for closing the loophole simply would not work. There may be another way out there, but your suggestion isn't it. Hint: I can give the signal, you put down your weapon, I immediately raise mine and shoot you. Ta-da!

As Kit Fister said above. You would have to add so many caveats to it to make it water tight that it would be 10,000 pages long and become meaningless.

I scanned your linked article...I know that those people exist, but this law can't be structured in such a way that it takes them into account and at the same time remain effective for everyone else. Either you have the law with loopholes, or you do away with it altogether.


No one said anything about putting the weapon down. There is nothing that requires you to lower your guard at all--just don't attack until, say, the other person is openly grasping or moving in a way that might suggest grasping a weapon. This would actually do virtually nothing beyond address the few cases where the law could actually be misused.

Kit Fister: PsiChick: And no, no one is going to search them out. This will only be a problem if a high-RWA or double-high person winds up in a confrontation, much as a two-story building will only be a problem when a paraplegic needs something from the second story. One sentence not only fine-tunes the law, it gets rid of the problem altogether. Yes, there would need to be some standard for 'recognizable by the average person'. But there would be a very large loophole closed.

Says you, that remains to be seen as to whether it simply swings the law the other direction and makes it damn near impossible to apply the law where it's justifiably applied.

Fear of the hypothetical is absurd when you have other issues which are far more real.


...I don't think anyone outside second grade says 'says you'. But my own standard for 'reasonable' would be 'walking away or unable to move and far enough away so that an attack would be difficult'. And in those circumstances, I would still advocate aiming the damn gun. There is no one anywhere who is asking people not to defend themselves--my concern is when it moves beyond defense to murder.
 
2012-06-06 03:32:53 PM
NightOwl2255: Is Zimmerman guilty of a crime, maybe, even probably, not, but he damn sure is no one to be admired. And this case is not one anyone should use to hang their hat on. Not CCW supporters. Not SYG type law supporters. Zimmerman brought this on himself.

Actually, most of us who support both CCW and SYG laws and are serious about the whole thing have pretty much said from the beginning that the law didn't apply and that it was a case for court.

No one who takes self defense seriously believes what Zimmerman did is as it is presented to be, and i doubt you could find a single goddamn person to support him.
 
2012-06-06 03:44:05 PM
PsiChick: No one said anything about putting the weapon down. There is nothing that requires you to lower your guard at all--just don't attack until, say, the other person is openly grasping or moving in a way that might suggest grasping a weapon. This would actually do virtually nothing beyond address the few cases where the law could actually be misused.

The danger with this type of thinking is in the difference in perception vs. reality on exactly what is a safe distance. For example, a man with a knife inside of 21' is considered a lethal threat by any law enforcement agency out there, because the time it takes them to reach you and attack is far shorter than the time it takes you to aim and fire and for the terminal damage done to cause cessation of the threat in all but the luckiest of cases.

Going into ballistics expert mode here for a moment, any good pathologist and trauma surgeon will tell you that, even with damage to the heart or major artery, death is not instantaneous. The brain and body still have 10-15 seconds of oxygen remaining to continue to act. Further, there are hundreds, if not thousands, of documented cases of people with otherwise lethal injuries remaining both alive and physically active. Altered mental states due to drugs or other effects add significantly to these types of cases.

And then you have to take into account the shooter themselves and whether the shot they took landed in the chest and hit the heart, or hit the gut in a painful, but ultimately non-incapacitating place. I can shoot you in a number of places which, unless you recognize the pain, will provoke little to no immediate reaction and will ultimately fail to effectively stop the threat.

I have looked at probably a few thousand autopsy and medical cases, both in person and through records, to study the effects of bullets on the body and the body's reaction to such trauma. What I found is that even "shooting until the threat stops" usually ends up with the threat disengaging for other reasons than the damage done to their body, and with some kind of physical confrontation from a determined threat, gun or not.

If the standard is waiting until the threat is actively within distance to reach you and do damage and/or is attempting to actively attack, then the survivability of the situation goes way, way down and you have greatly reduced the chances of that person successfully surviving the attack vs. having any action taken be futile.

I'm not saying that the person defending him or herself should attack if the person so much as twitches, but I'm saying that, coupled with the issues with context, adding such a qualifier will make the protections offered by these laws meaningless.
 
2012-06-06 03:44:07 PM
Kit Fister: Actually, most of us who support both CCW and SYG laws and are serious about the whole thing have pretty much said from the beginning that the law didn't apply and that it was a case for court.

No one who takes self defense seriously believes what Zimmerman did is as it is presented to be, and i doubt you could find a single goddamn person to support him.


Have you missed the 500+ (at least) post from the Zimmerman Admiration Club (ZAC) members? He has a lot of supporters here on Fark. A lot.
 
2012-06-06 03:49:36 PM
NightOwl2255: Kit Fister: Actually, most of us who support both CCW and SYG laws and are serious about the whole thing have pretty much said from the beginning that the law didn't apply and that it was a case for court.

No one who takes self defense seriously believes what Zimmerman did is as it is presented to be, and i doubt you could find a single goddamn person to support him.

Have you missed the 500+ (at least) post from the Zimmerman Admiration Club (ZAC) members? He has a lot of supporters here on Fark. A lot.


Jeffery Dommer and Hitler have thousands of followers and supporters, that don't mean they're right, either.
 
2012-06-06 03:53:55 PM
Kit Fister: PsiChick: No one said anything about putting the weapon down. There is nothing that requires you to lower your guard at all--just don't attack until, say, the other person is openly grasping or moving in a way that might suggest grasping a weapon. This would actually do virtually nothing beyond address the few cases where the law could actually be misused.

The danger with this type of thinking is in the difference in perception vs. reality on exactly what is a safe distance. For example, a man with a knife inside of 21' is considered a lethal threat by any law enforcement agency out there, because the time it takes them to reach you and attack is far shorter than the time it takes you to aim and fire and for the terminal damage done to cause cessation of the threat in all but the luckiest of cases.

Going into ballistics expert mode here for a moment, any good pathologist and trauma surgeon will tell you that, even with damage to the heart or major artery, death is not instantaneous. The brain and body still have 10-15 seconds of oxygen remaining to continue to act. Further, there are hundreds, if not thousands, of documented cases of people with otherwise lethal injuries remaining both alive and physically active. Altered mental states due to drugs or other effects add significantly to these types of cases.

And then you have to take into account the shooter themselves and whether the shot they took landed in the chest and hit the heart, or hit the gut in a painful, but ultimately non-incapacitating place. I can shoot you in a number of places which, unless you recognize the pain, will provoke little to no immediate reaction and will ultimately fail to effectively stop the threat.

I have looked at probably a few thousand autopsy and medical cases, both in person and through records, to study the effects of bullets on the body and the body's reaction to such trauma. What I found is that even "shooting until the threat stops" usually ends up with the threat diseng ...


Okay, a better definition: If the 'threat' is obviously incapable of motion or has stated that the fight is over and is walking away, you cannot fire the gun. Aiming it is still perfectly okay in the eyes of the law.
 
2012-06-06 03:55:21 PM
Kit Fister: Jeffery Dommer and Hitler have thousands of followers and supporters, that don't mean they're right, either.

I'm not going to touch that, I was just pointing out that you could certainly find Zimmerman supporters on Fark.
 
2012-06-06 03:58:16 PM
Kit Fister: NightOwl2255: Kit Fister: Actually, most of us who support both CCW and SYG laws and are serious about the whole thing have pretty much said from the beginning that the law didn't apply and that it was a case for court.

No one who takes self defense seriously believes what Zimmerman did is as it is presented to be, and i doubt you could find a single goddamn person to support him.

Have you missed the 500+ (at least) post from the Zimmerman Admiration Club (ZAC) members? He has a lot of supporters here on Fark. A lot.

Jeffery Dommer and Hitler have thousands of followers and supporters, that don't mean they're right, either.


Dahmer.
 
2012-06-06 04:33:46 PM
ASBOTUL VODAK: Kit Fister: NightOwl2255: Kit Fister: Actually, most of us who support both CCW and SYG laws and are serious about the whole thing have pretty much said from the beginning that the law didn't apply and that it was a case for court.

No one who takes self defense seriously believes what Zimmerman did is as it is presented to be, and i doubt you could find a single goddamn person to support him.

Have you missed the 500+ (at least) post from the Zimmerman Admiration Club (ZAC) members? He has a lot of supporters here on Fark. A lot.

Jeffery Dommer and Hitler have thousands of followers and supporters, that don't mean they're right, either.

Dahmer.


Insignificant to the point being made.
 
2012-06-06 04:39:34 PM
NightOwl2255: Silly Jesus: Also, if you are of the opinion that the word of Zimmerman's girlfriend should be taken as the gospel, then you should also take the word of Martin's Twitter and Facebook friends etc. as the gospel.

Zimmerman's girlfriend call the police, twice, and reported violent actions by Zimmerman. I put a lot more weight on a person who actually calls the police and makes a report than I do on a one line tweet that we don't even know was actually directed to Martin.

We'll have to agree to disagree on this one. As I've said above, I've been privy to a number of women flippantly calling the police over "domestic" nonsense. There weren't any injuries reported in these incidents and Zimmerman took out a restraining order against her as well. Also, the male is not always the aggressor. So, yeah, I don't give those situations any more weight than I do the Tweets and Facebook posts.

And I put an enormous amount of weight on the fact that Zimmerman basically admitted to assaulting the officer and was required to take anger management classes.

The police officer was not in uniform. He was undercover and was attempting to restrain one of Zimmerman's friends. Zimmerman was coming to the aid of his friend. There is no indication that he knew beforehand that the guy was a police officer. On top of that, his charge of felony assault on a police officer isn't something that is just taken lightly in the courts, if it's legit. The charges against him were dropped with his agreement to take some classes. Sounds like a pretty weak case to me. I do enjoy how people always leave out the details when bringing up this case though. Jumping on a uniformed officer (which I am sure is what you'd like to imply) is DRASTICALLY different from shoving one that is undercover and accosting your friend.

As I've said, and I stand by it, Zimmerman was a greater risk to the safety of certain members the neighborhood than Martin was to anyone.

Do you outright discount any good that he did? His tutoring of troubled youth? His community activism in getting justice for a beaten homeless man? Do those carry no weight in your assessment of his character? Martin had a questionable character as well. And judging by Zimmerman's face and head, wasn't exactly the harmless angel that you would wish to paint him as being.

We have Martin who was walking home, and short of being targeted, followed and killed by Zimmerman, we would have never heard of any of these people. We have Zimmerman who was an armed man with a history of violence and an attitude, and he was gawd-damn sure not gonna let another one of these assholes get away.

Someone should be able to walk through their neighborhood and look at someone in the distance without being approached and attacked by them. Looking out for your community is a character flaw now apparently.

Is Zimmerman guilty of a crime, maybe, even probably, not, but he damn sure is no one to be admired. And this case is not one anyone should use to hang their hat on. Not CCW supporters. Not SYG type law supporters. Zimmerman brought this on himself.

I don't know if he's a role model or not (I don't automatically discount the good things that he has done, as you do, and I obviously don't see his vigilance as pure evil), but I certainly don't see him in the solely negative light that you do. I think he had good intentions and shiat went bad. As I've said before, I've observed suspicious people in my old gentrifying crime-ridden neighborhood and called the cops. I was outside of my house and even moved down the sidewalk in the direction that they were moving so that I could maintain visual contact with them. I wasn't cowering behind my locked door and wetting my pants. Does that make me a horrible person? Would I be a horrible person if one of the guys (who were later arrested on numerous charges) that I kept an eye on had turned on me and fractured my nose, blackened both of my eyes and helped my head strike the ground before I shot him to preserve my life?
 
2012-06-06 04:43:34 PM
PsiChick: No one said anything about putting the weapon down. There is nothing that requires you to lower your guard at all--just don't attack until, say, the other person is openly grasping or moving in a way that might suggest grasping a weapon. This would actually do virtually nothing beyond address the few cases where the law could actually be misused.

Can you explain this in a scenario? I"m not following.
 
2012-06-06 04:48:30 PM
PsiChick: Okay, a better definition: If the 'threat' is obviously incapable of motion or has stated that the fight is over and is walking away, you cannot fire the gun. Aiming it is still perfectly okay in the eyes of the law.

Well, then there's that whole "Brandishing" thing, but that's a better idea. Essentially you're trying to split the hair of when the person no longer is a threat, and in most cases of self defense, even in states where SYG isn't the law, the crux of the matter is the perception of the one doing the defending, not the reality: IS that guy going into his waistband to scratch his balls, or is he going for a gun? I can't see, it's dark, and he's threatening and trying to get me, do I risk my life to make sure it's a gun or not?

The downside is that where a police officer has, for better or worse, a heck of a lot of internal bias towards whether or not the shoot was justified and a lot more investigation that goes on when they are in the same position compared to a civilian, when the shooting circumstance is equally clear cut, since there is no shooter review board, only a police investigation and ultimately the decision of a prosecutor if it gets that far and whatever their politics and beliefs may be.

I have been in the situation where i had to make a judgement call in the matter of seconds as to whether the person was presenting a threat or not. In the time span it took for the guy to walk 10 feet at a fast walk (maybe 5 seconds?) to figure out whether he was going to pull a weapon or attack, what his intentions were, whether I could safely deescelate or avoid the situation, whether I should draw my gun and risk a brandishing charge if it turned out to be nothing, how to make sure this attacker if he attacked didn't get ahold of my gun, etc. etc. etc. You have that much time to decide what level of force to use, and once you engage there is no way to take it back.

It's easy for a keyboard commando to second-guess what happens, if it happens, but if it happens, the only person that suffers the consequences is you. Any law that protects me from being sued or jailed if I have to defend myself from a legitimate threat is good.
 
2012-06-06 05:38:43 PM
Silly Jesus: As I've said above, I've been privy to a number of women flippantly calling the police over "domestic" nonsense.

She said he slapped her. Give his history, I tend to believe her. But, hey, they are lying biatches, amiright?

Silly Jesus: So, yeah, I don't give those situations any more weight than I do the Tweets and Facebook posts.

Well, that's just, silly, And not a little bit disingenuous.

Silly Jesus: There is no indication that he knew beforehand that the guy was a police officer.

The office said that when he told Zimmerman he was an office, Zimmerman replied, "I don't care who you are". Have you ever been ordered to take anger management classes?

Silly Jesus: Do you outright discount any good that he did? His tutoring of troubled youth? His community activism in getting justice for a beaten homeless man? Do those carry no weight in your assessment of his character?

Not even a little.

Silly Jesus: Martin had a questionable character as well.

Might I remind you, Martin is dead. He has not been charged with a violent crime. His character is not an issue. I have admired the ZAC's swift-boating of Martin. Karl Rove would be proud.

Silly Jesus: Someone should be able to walk through their neighborhood and look at someone in the distance without being approached and attacked by them.

Yes, poor ol Zimmerman was out for an evening stroll when Martin ambushed him. Come on dude, you're better than that. Hey, here's a thought, maybe Martin should be able to walk through his neighborhood without being followed, harassed and reported to the police for the crime of what? WWB?
 
2012-06-06 05:52:07 PM
ASBOTUL VODAK: Persnickety: kingoomieiii: Once again, the point of Stand Your Ground is to create special rights for gun owners.

Not only that, it encourages gun owners to make sure they kill the other party so their story can't be questioned.

And there's the problem of: If both parties feel threatened, can both legally be said to be standing their ground?

Gun owners, huh? All of them, right?

Sounds like we got ourselves a bleedin' heart liberal over here!

You go right on enjoying your fantasy land where there's no crimes and the policia are always looking out for you and will be there to protect you if something terrible ever happens.

The rest of us terrible, murder-driven psychopathic GUN OWNERS will go on feeling secure and improving our aim.


The only thing that Zimmerman did to add to the security of his community on the evening of February 26 was to call the cops, which is the "bleeding heart liberal" thing to do according to you. The cops were already on the way by the time he exited his truck, and they got there very soon after he shot Martin to death. There may be a time and a place for gun owners to try to play hero, but February 26 in Sanford Florida wasn't one of them, apparently.
 
2012-06-06 07:09:57 PM
NightOwl2255: Silly Jesus: As I've said above, I've been privy to a number of women flippantly calling the police over "domestic" nonsense.

She said he slapped her. Give his history, I tend to believe her. But, hey, they are lying biatches, amiright?

Sure, if you apply the same blind trust to Martin's acquaintances and their statements.

Silly Jesus: So, yeah, I don't give those situations any more weight than I do the Tweets and Facebook posts.

Well, that's just, silly, And not a little bit disingenuous.

Why?

Silly Jesus: There is no indication that he knew beforehand that the guy was a police officer.

The office said that when he told Zimmerman he was an office, Zimmerman replied, "I don't care who you are".

So I can't keep it straight. Are cops all idiots who can't do their jobs and lie and bungle investigations, or are they good guys just trying to correctly do their jobs who tell no lies? If Zimmerman was indeed told that the guy was an officer, he should have given that statement the benefit of the doubt and backed off (not sure whether he struck the guy after him identifying himself or not). So, yes, I concede that drunk stupid guy in the bar is drunk and stupid. Do I base my entire assessment of his character on that one incident 6 years ago? No.

Have you ever been ordered to take anger management classes?

Nope. I've never been accused of something that didn't stand up in court and been ordered to take a joke course as compensation.

Silly Jesus: Do you outright discount any good that he did? His tutoring of troubled youth? His community activism in getting justice for a beaten homeless man? Do those carry no weight in your assessment of his character?

Not even a little.

Seriously? That lack of reasonableness sheds a lot of light on our discussions. Why should the "bad" things that he's done in his past carry any weight with me or anyone else? Or do you have a double standard on that too?

Silly Jesus: Martin had a questionable character as well.

Might I remind you, Martin is dead. He has not been charged with a violent crime. His character is not an issue. I have admired the ZAC's swift-boating of Martin. Karl Rove would be proud.

So if the "defense" of Martin (and thus the condemnation of Zimmerman) is framed as him being an innocent little cherub who could not have possibly been up to anything suspicious that night and was a staunch pacifist, it isn't relevant to the discussion to bring up facts that counter those assertions?

Silly Jesus: Someone should be able to walk through their neighborhood and look at someone in the distance without being approached and attacked by them.

Yes, poor ol Zimmerman was out for an evening stroll when Martin ambushed him. Come on dude, you're better than that. Hey, here's a thought, maybe Martin should be able to walk through his neighborhood without being followed, harassed and reported to the police for the crime of what? WWB?

Martin ran around the corner of the building and disappeared from sight. Two minutes later he reappeared at that very same spot. Zimmerman remained in that spot the whole time. Who ambushed who? If Martin wanted to be far away from Zimmerman, he very easily could have been. He could have been at home sitting on the couch watching the game and eating Skittles before the police arrived. He didn't do that though.

Again, I go back to my personal experiences. Certain people walking through my neighborhood were more suspicious than others due to past incidents. I don't think that it is unreasonable that someone would want to look out for their neighborhood. If that's insensitive, then so be it. I, and my neighbors, have thwarted crimes due to our insensitivity.
 
2012-06-06 10:30:55 PM
Silly Jesus: Sure, if you apply the same blind trust to Martin's acquaintances and their statements.

She called the police. There is a police report. You can read it. She's not some unknown tweeter. If the shoe was on the other foot you would be singing a much different song. And no one that's being honest would weigh a random tweeter with a person that calls the police and gives a very believable story. But, you obviously never believe a woman's side of the story.

Silly Jesus: So I can't keep it straight. Are cops all idiots who can't do their jobs and lie and bungle investigations

You can climb off that monkey. I've NEVER said anything regarding the police investigation being sub-par. I have no more faith in the police than the next guy. But, once again, you can read a police report. It's very clear what happened. The officer said that Zimmerman grabbed his arm. I've never implied otherwise. I find that the cop told him, I'm an office and Zimmerman replied, "I don't care" believable. Of course everyone lies about Zimmerman's actions. Right?

Silly Jesus: Nope. I've never been accused of something that didn't stand up in court and been ordered to take a joke course as compensation.

Nice spin job. You are truly the ZAC's spinmeister.

Silly Jesus: So if the "defense" of Martin (and thus the condemnation of Zimmerman) is framed as him being an innocent little cherub who could not have possibly been up to anything suspicious that night and was a staunch pacifist, it isn't relevant to the discussion to bring up facts that counter those assertions?

Why would Martin need to be defended? I think you forget. He's dead.

Silly Jesus: Zimmerman remained in that spot the whole time.

I've seen you repeat that assertion several times. Funny thing is, you don't, and can't, actually know that for a fact. Unless you have a video or a GPS tracking log that no one else knows about.

Silly Jesus: Certain people walking through my neighborhood were more suspicious than others due to past incidents.

That is the very heart of why I find this entire affair despicable. By your own assertion a back male is automatically suspicious for no other reason than being black. You obviously have no issue with Zimmerman "profiling" Martin. Martin was watching a game on TV. At half time he walked to the store. On the way back a man saw him walking and decided that he looked suspicious. I believe, and I think you know it's true, that the only thing suspicious about Martin that night was the color of his skin. He was followed and the police were called. If the police would have arrived before the shooting, Martin would have been stopped and questioned by the police. I find it reprehensible that in a (cliche alert) free country a young man can't walk home without being harassed simply because of the color of his skin. And you seem to have no issue with it, because, hey, other blacks had committed some crimes so it's okay.
 
2012-06-07 01:10:40 AM
NightOwl2255: She called the police. There is a police report. You can read it. She's not some unknown tweeter. If the shoe was on the other foot you would be singing a much different song. And no one that's being honest would weigh a random tweeter with a person that calls the police and gives a very believable story. But, you obviously never believe a woman's side of the story.

Ok, he's a "wife-beater."

NightOwl2255: You can climb off that monkey. I've NEVER said anything regarding the police investigation being sub-par. I have no more faith in the police than the next guy. But, once again, you can read a police report. It's very clear what happened. The officer said that Zimmerman grabbed his arm. I've never implied otherwise. I find that the cop told him, I'm an office and Zimmerman replied, "I don't care" believable. Of course everyone lies about Zimmerman's actions. Right?

Ok, he beats up police.

NightOwl2255: Nice spin job. You are truly the ZAC's spinmeister.

What spin? Felony charges of an attack on a police officer are not routinely dropped down to an anger management class. There's at least probation etc. Either the case was very weak or his magical out of state traffic court father pulled some strings. Which ever one you think is more plausible.

NightOwl2255: Why would Martin need to be defended? I think you forget. He's dead.

His character will make a difference to the jury. If he was an honor student on his way home from a stop at the library after his shift at the soup kitchen, that would be viewed differently than if he was, well, what he was (I won't rehash it). Point being, his character is going to be somewhat relevant in the minds of the jury.

NightOwl2255: I've seen you repeat that assertion several times. Funny thing is, you don't, and can't, actually know that for a fact. Unless you have a video or a GPS tracking log that no one else knows about.

You're right. I don't have video of him staying there. And please forgive me for taking his word for it barring any evidence to the contrary. I forgot that he is Nazi Satan.

It's logical that he stayed there. It fits with the time line. It fits with his breathing. It fits with what he was saying on the 911 call. But, it was probably just part of the cover for his black guy hunting expedition all along, planned out weeks in advance...

NightOwl2255: That is the very heart of why I find this entire affair despicable. By your own assertion a back male is automatically suspicious for no other reason than being black. You obviously have no issue with Zimmerman "profiling" Martin. Martin was watching a game on TV. At half time he walked to the store. On the way back a man saw him walking and decided that he looked suspicious. I believe, and I think you know it's true, that the only thing suspicious about Martin that night was the color of his skin. He was followed and the police were called. If the police would have arrived before the shooting, Martin would have been stopped and questioned by the police. I find it reprehensible that in a (cliche alert) free country a young man can't walk home without being harassed simply because of the color of his skin. And you seem to have no issue with it, because, hey, other blacks had committed some crimes so it's okay.

I lived in a neighborhood composed solely of white college age kids. All of the burglaries that were thwarted, caught in progress, or later solved, involved black teen males from nearby projects. Our neighborhood wasn't a cut-through to anywhere, so there wasn't really any reason for people that didn't live there to be wandering through, especially not between houses at night. Setting aside your emotions for a moment, can you honestly say that under those circumstances, it would not be logical to be more suspicious of a black teen male wandering through the neighborhood at night than, say, a white guy? Is that profiling? Of course it is. Profiling has become such a dirty word... Certain people committed all of the property crimes in the neighborhood. They all fit a profile. It follows logically that when another person fitting that profile appeared in my neighborhood under suspicious circumstances, they would draw more attention than someone who did not fit the profile of the frequent criminals.

That mentality reminds me of the ultra-PC actions in the airports after 9/11. Sure, the 90 year old white grandmother from Wisconsin might be the next hijacker, but resources might be better put to use if you acknowledged that she doesn't exactly fit the profile of the hijackers. Someone might think that we are insensitive if we search the guy in traditional garb saying prayers so lets get this partially paralyzed 8 year old boy in the wheelchair and give him a thorough searching....

You know what else is suspicious? Ask any cop this. A white guy driving into the all black projects at 1am. Guess what, he's there to buy drugs. Is that racist to presume that based on his race? Could it be an incorrect guess? Sure. He could have made a wrong turn on his way to get an early start cooking at the soup kitchen. But probably not.

I don't accept your assertion that Zimmerman thought Martin was suspicious solely because he was black.
1. Martin was someone in the neighborhood unfamiliar to Zimmerman. The burglars were not residents.
2. He was walking around out in the rain.
3. He was going close to buildings (I believe solely to avoid the rain) and
4. He matched the description of known criminals that had been responsible for crimes in the neighborhood over the course of the previous year.
Take all of those things together, and I don't think that it is entirely unreasonable to want to keep an eye on them.

Perhaps I am just biased because I have lived in a relatively high crime area before and I've left my house to keep an eye on folks before while police are on the way. In my situation I deemed the people suspicious due to 1. Inappropriate dress for the weather (long pants and long shirt, all black, in the hot ass summer)
2. People that I knew didn't live in the neighborhood.
3. They had no reason to be walking between houses.
4. They fit the physical description of the folks responsible for all of the burglaries over the course of the (at the time) previous 8 months.

Two of the three had warrants. One was carrying stolen items later traced to an earlier burglary and yet another has since been arrested again after committing more burglaries.

The people in both of our scenarios happened to be black, that wasn't the sole factor in their being suspicious though. It wasn't even that their skin color was suspicious in and of itself, either. It was that their physical characteristics matched those of known criminals targeting our respective neighborhoods.


I'd be especially interested in your assessment of my actions in attempting to look out for my neighborhood.
 
2012-06-07 05:19:39 AM
Silly Jesus: I'd be especially interested in your assessment of my actions in attempting to look out for my neighborhood.

Did you chase them down shoot them in the street? If not, then you did better than Zimmerman.

It's funny how people can forget that Martin had a perspective. Some guy was suspiciously following him, confronted him, and pulled a gun on him. The kid's biggest failing is that he didn't call the police on Zimmerman, so they could stop him before he gunned someone down.
 
2012-06-07 07:47:23 AM
auckerman: Silly Jesus: I'd be especially interested in your assessment of my actions in attempting to look out for my neighborhood.

Did you chase them down shoot them in the street? If not, then you did better than Zimmerman.

I briefly had to jog to maintain visual contact with them around a corner. I didn't full on run though, but neither did they.


It's funny how people can forget that Martin had a perspective. Some guy was suspiciously following him, confronted him (citation needed), and pulled a gun on him (haha, citation needed, unless this is just your inflammatory way of saying that he shot the person who fractured his nose, gave him two black eyes and hit his head into the sidewalk because he was looking at him). The kid's biggest failing is that he didn't call the police on Zimmerman, so they could stop him before he gunned someone down (gunned someone down, niiice. You're good at this.).
 
2012-06-07 09:29:25 AM
tirob: The cops were already on the way by the time he exited his truck,

What is it with you anti-Zimmerman crusaders and the point about his "exiting" of the truck?

Why is that legally significant to you?

What moral, legal or ethical principle are you operating on?

I really don't get it. If Zimmerman had the right to drive around the neighborhood looking for crimes, and calling them in to police, then he had the right to walk around doing the same thing.

It was common property.

I will grant you to my dying breath that if Zimmerman had, as some people fantasize, spotted Martin hiding behind a bush, that Martin tried to walk away peacefully, that Zimmerman verbally threatened him, or initiated or attempted to initiate violence, then it would have been perfectly reasonable for Martin to believe he was in an imminent threat of serious harm or death, and to respond with force.

Fine. I get it. There's no evidence of that, but IF something like that had happened, then a forcible response would have been legal.

But why the fixation on the truck?

Also, why the fixation on Zimmerman's supposed disregard of the police dispatcher's comment about not needing him to do that?

Why the fixation on whether Zimmerman was an official Watch Captain or just informally?

Where do these arbitrary rules of conduct come from?

You might as well argue that it's acceptable to patrol one's neighborhood on Thursdays but not on Tuesdays. Or that Zimmerman couldn't be legitimately assaulted when he walked on the sidewalk but when he stepped on the grass, his life was forfeit.

These arguments about the truck and the police dispatcher's comments seem to be a post hoc rationalization for a feeling that Zimmerman is guilty. They strike me as a desperate psychological defense mechanism -- a pattern of thought that begins with a feeling that Zimmerman is bad and must be punished, and the mind then goes about searching for a justification, a pseudo-rational reason to explain that feeling.

They appear to be the result of confabulation -- an honest lie, a trick of the mind, whereby one invents a supposed "rule" of conduct on the spot, out of thin air, to rationalize one's pre-existing antipathy toward Zimmerman.

Here's the stone-cold truth of the matter -- there's no rule of conduct that says Zimmerman could not get out of his truck, could not walk the neighborhood, could not be suspicious of black males, nor that he was obligated to interpret the police dispatcher's comments as an order, or even follow that order even if it had been explicit.

He had the right to be free of violence at all times, as well all do, and could only subject to the legitimate use of force if Martin reasonably believed that Zimmerman had posed an imminent threat of injury or death to Martin.

Walking around, observing and reporting, simply does not qualify as an imminent threat. It does not justify the use of force.

This is true even if Zimmerman's following, observing and reporting had been prompted by "profiling" or even flat-out racism.

I know that the merest whiff of racism angers some people, and is considered (by a lot of lefty types in particular) to be among the worst social offenses imaginable. But please, consider for a moment that your anger about racism is leading you to manufacture strange, arbitrary rules of conduct that have no basis in reality.
 
2012-06-07 10:14:40 AM
Phinn: tirob: The cops were already on the way by the time he exited his truck,

What is it with you anti-Zimmerman crusaders and the point about his "exiting" of the truck?

Why is that legally significant to you?

What moral, legal or ethical principle are you operating on?


It has no legal significance and Zimmerman violated no law that I know of in doing so. My point was that any danger that Zimmerman may have perceived to his community had pretty well been vitiated when the dispatcher told him that the cops were coming (they did indeed arrive soon after), and that Zimmerman would have done well to stay put and wait for them. I'll bet he wishes he'd done that now.

If you read the post I was answering, it was asserted there, in so many words, that the best guarantors of public safety are armed citizens rather than the cops. This isn't true in all cases and I don't think it was true in Zimmerman's case.

there's no rule of conduct that says Zimmerman could not get out of his truck, could not walk the neighborhood, could not be suspicious of black males, nor that he was obligated to interpret the police dispatcher's comments as an order, or even follow that order even if it had been explicit.

No. But Zimmerman had no *obligation* to do any of these things either. If he'd stayed in his truck, or if he'd done what the dispatcher asked, or even if he had gone around the neighborhood every so often, introduced himself, told his neighbors (including Trayvon Martin's father's girlfriend) who he was and what he was doing as the town watch person, I think that Trayvon Martin would be alive today and that Zimmerman wouldn't be in jail.
 
2012-06-07 11:08:44 AM
Thanks, tirob. I see the context you were commenting in now.

This assertion of false rules has been bothering me for a while now. The usual reaction around here is to call someone a Fark Lawyer with a GED in law, but the problem is deeper than merely being ignorant of the law. That's understandable since the law is, frankly, pretty boring most of the time.

The thing that jumps out at me is that people seem to instinctively rely on these ad hoc, spontaneous, creative rules about what people should or shouldn't do. They pull them out of their ass. They are obviously based on nothing.

They do this because facts are stubborn, but rules can be whatever you want them to be, so people mold the rules to fit their opinions.

Why not have a rule that says that Martin shouldn't have walked outside in the rain? Or that teenagers shouldn't hold big cans of fruit drink because they look like guns?

Everyone knows these are stupid rules.

They are just as stupid and baseless as saying that you can't observe and report suspicious people in your neighborhood without Watch Captain authorization. Or that you can do it, but you can't leave your vehicle. Or whatever the hell else.

Anyway, there's going to be a new thread soon about Angela Corey's recent ranting episode directed at Harvard and Derschowitz for criticizing her. Seriously, this prosecutor is a crackpot. First the murder 2 charge that almost no one agrees with. Then a press conference where she inexcusably prayed with the family and talked about all that Justice for Trayvon garbage, when she knows full well that her duties are to the State, not to a victim's family like this is some kind of barbarian revenge ritual. And now this meltdown over not being criticized for her official acts. This whole case is an embarrassment.
 
2012-06-07 12:28:47 PM
Silly Jesus: Ok, he's a "wife-beater."

Why the hyperbole? Never said that, never implied it. The GF called the police and said Zimmerman got upset and slapped her. She also reported that on another occasion he got upset and grabbed a phone out of her hands. If you accept these reports at face value (and I know you don't want to) it leads one to believe Zimmerman has a bit of an anger issue.

Silly Jesus: Ok, he beats up police.

Again, why won't you accept the record at face value? The officer reported that Zimmerman grabbed his arm, and when the officer identified himself Zimmerman said "I don't care who you are". As a result of the assault Zimmerman was required to take anger management classes. Which tends to make one believe that maybe he has anger issues.

And let's not forget the random motorist that Zimmerman had a run in with. You can read the police report. Not a random tweet. Zimmerman called the police because the guy cut him off. Zimmerman followed the motorist and when Zimmerman pulled up along side of him, the motorist said that Zimmerman was so mad he feared that Zimmerman was going to attack him. It seems pretty clear that Zimmerman has anger issues.

On the night of the shooting, during his call to the police Zimmerman said "these assholes always get away". I think you can safely say, he was a bit upset that night. Which given his obvious anger issues isn't a big surprise.

Silly Jesus: His character will make a difference to the jury.

It will be interesting to see how Zimmerman's lawyer attempts to get any of Martin's "history" admitted as there is no criminal record, no police reports of any kind, that would in anyway indicate any history of violence. You think he will try and get the tweet admitted? That would be amusing.

Silly Jesus: And please forgive me for taking his word for it barring any evidence to the contrary.

Ah, so someone facing the possibility of a criminal charge, you take everything they say as the gospel. The officer and his GF, liars. Got it.

Silly Jesus: I lived in a neighborhood composed solely of white college age kids

Was Zimmerman's neighborhood composed solely of whites? Did Martin, in fact, has a very legitimate reason (not that he needed one) to be there? Should Martin have had the expectation of walking home without being harassed simply because of the color of his skin? Yes? Then every thing you posted after the above statement is completely irrelevant.
 
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