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Handgun Debate

  • Well admittedly, I haven't looked too far into what the stand your ground law is, so maybe my opinion of it is flawed, but I see a distinction between actively pursuing someone and standing your ground against them coming at you.

    frode

  • SATerp said...

    Then "the law is a ass."

    Time for a thought experiment.

    Let's imagine two people get involved in an altercation...let's call the original aggressor person A and let's call the original target person B. Person A hates Person B with a burning passion. He walks up to Person A with a loaded gun and takes aim at him and fires, but misses.

    EXAMPLE 1.
    Person B happens to be carrying a weapon. Should Person B have the right to shoot Person A dead? [I assume everyone will say yes.]

    EXAMPLE 2.
    Person A misses and is jolted back to reality as the shot rings out...he freaks out, drops his gun to the ground, puts his hand to his face and says "oh my god! I'm so sorry!" Should Person B have the right to shoot Person A dead?

    terps99

  • terps99 said...

    I will play devil's advocate for a second. I think people should be a bit careful about blaming the prosecutors so much for not arresting this guy immediately. This is a murder case, if anything, and there is no statute of limitations on murder. One of the biggest dangers in prosecuting any murder case, and one of the ways in which prosecutors routinely get into trouble, is by indicting a person too quickly and not spending enough time gathering all the evidence and preparing the case. The problem with murder cases is that there is such public outcry that prosecutors are often forced into taking a course of action that may make the public feel better but may not be the most prudent course of action in terms of legal strategy and/or obtaining a conviction. I would typically have no problem whatsoever in a prosecutor waiting a month/months to gather all the evidence and continue with the investigation before arresting someone. This isn't nearly as much of an open and shut case as the public outcry would indicate. If this guy is arrested tomorrow and the case goes to trial in a few months, the prosecution would quite possibly have a difficult time meeting its burden.

    In support of this, my prosecutor friends tell me oftentimes the police screw up the charges bsed upon lack of knowledge of the law, the evidence collected, and the burden of proof being on the State. There is plenty of time to investigate, prefer charges and arrest Zimmerman, if the facts support it. Many here believe they do, so if that does not happen, some 'splaining best be done. BTW, the police officers beating on Rodney King were found not guilty of State charges IIRC, but Federal charges were preferred pursuant to Federal Statute and the police were found guilty and sentenced to jail!

    That is still a real possibility.

    tagterp

  • Jersyterrafirma said...

    Yeah, maybe I don't understand the spirit of that law. Did its creators intend to empower a guy to do what Zimmerman did (repeatedly)? I thought I heard a Florida lawmaker say something today to the effect of "this isn't what we meant..."

    But you're right, I shouldn't have been speaking out of my ass since I really don't know this statute or its intent...

    Suggests they should amend the law, doesn't it?

    tagterp

  • SATerp said...

    I agree with the sentiment that no matter what the black guy looks like, he deserves justice, but I'd like to point out two things:

    1. If a clearly socially acceptable and praiseworthy kid like this gets swept under the rug, what kind of a chance do you think 'scarier-looking' (but innocent) blacks are going to ever get in these kinds of circumstances? It's a start, that's all.

    2. Certain posters always complain (probably rightly so) that big crime stories are always about cute white girls - well, at least there are exceptions, so at least Martin is getting the attention that he deserves. Again, it's a start.

    And I just woke up, so if the above doesn't make sense, I apologize.

    DBlockTerp said...

    Totally agree with you

    Reminds me of the supposed comment from Reverend Jackson about being followed in the city, being fearful until he turned around and saw it was a white guy behind him!

    tagterp

  • JManslow said...

    It makes zero difference to me whether Martin was beating the shit out of Zimmerman when this happened. Zimmerman instigated the situation and Martin behaved in a way that most would when followed and cornered by a random person.

    Was he being followed at the time of the attack? Was he being cornered? Unfortunately There were no witnesses who saw what led up to the attack and Zimmermans story is that he was returning to his car after the kid ran away and then was attacked.

    To me it makes zero difference of Martin was beating the shit of Zimmerman because I think it's effed up that you can respond to non lethal force with "murder your ass" force.

    Baldwin

  • Will Ferrell ‏ @RealFerrellWill
    R.I.P. Trayvon Martin. Every RE-TWEET this tweet gets, counts as a petition signature for the Supreme Court to recognize his case.

    smh. People aren't really this dumb, are they?

    This post was edited by RaiseHigh on 3/25/2012 at 1:05 AM

    "It's just so hard," Greivis said. "It's my heart, my love. Maryland made me who I am."

    RaiseHigh

  • i don't know whether i'm more bothered by baldwin's blind defense of zimmerman or his blind defense of edsall until that saga reached it's tipping point.

    RDurr

  • While there are limits to what the police can do isn't it evident in this case that they screwed up the investigation? And a decision on charging could have been helped by a consultation with the da, right? Seems to that the Sanford pd followed their own patterns of shoddy work and perhaps bias and also followed a Florida trend of police depts. not bothering much with stand your ground cases.

    This post was edited by TerpPride on 3/25/2012 at 6:19 AM

    TerpPride

  • TerpPride said...

    While there are limits to what the police can do isn't it evident in this case that they screwed up the investigation? And a decision on charging could have been helped by a consultation with the da, right?

    Except that that DA's office didn't think he should be charged either based on the state of the evidence ...

    This post has been edited 2 times, most recently by terps99 on 3/25/2012 at 9:02 AM

    terps99

  • terps99 said...

    Except that that DA's office didn't think he should be charged either based on the state of the evidence ...

    I think if the police don't go out and find evidence, then the chance of the DA charging is lessened, no?

    SATerp

  • The DA could have empaneled a grand jury and sought out testimony/evidence. Any murder case would have to get indicted by a grand jury anyway.

    It may have been the wrong call to make, but it seems pretty evident that at the time, even the DA didn't think this case required a murder charge.

    terps99

  • terps99 said...

    Time for a thought experiment.

    Let's imagine two people get involved in an altercation...let's call the original aggressor person A and let's call the original target person B. Person A hates Person B with a burning passion. He walks up to Person A with a loaded gun and takes aim at him and fires, but misses.

    EXAMPLE 1. Person B happens to be carrying a weapon. Should Person B have the right to shoot Person A dead? [I assume everyone will say yes.]

    EXAMPLE 2. Person A misses and is jolted back to reality as the shot rings out...he freaks out, drops his gun to the ground, puts his hand to his face and says "oh my god! I'm so sorry!" Should Person B have the right to shoot Person A dead?

    of course he should have the right to shoot him dead in example 2. how do you know the guy doesnt have another weapon and may change his mind again?

    AlphaOmega

  • Ok, assume he throws his weapon down, panics, turns around, and starts running away. Can you shoot him dead then?

    terps99

  • terps99 said...

    Ok, assume he throws his weapon down, panics, turns around, and starts running away. Can you shoot him dead then?

    what if he is planning on circling around a building and coming back at you? just a minute ago he attempted to murder you. nothing he says is going to convince me he changed his mind.

    me personally i would most likely let him go and call the police.

    AlphaOmega

  • terps99 said...

    Ok, assume he throws his weapon down, panics, turns around, and starts running away. Can you shoot him dead then?

    my gun is on his back the whole time until he is out of sight

    im hearing pg plaza is the spot!

    dannyterp

  • The case now seems to be going in excess in the opposite direction, with the New Black Panther Party and the New Black Liberation Militia stirring people towards violence, and the idiot Spike Lee tweeting Zimmerman's home address - what could possibly go wrong? Great way to respond, guys!

    George Zimmerman: Wanted Dead or Alive - HUMAN EVENTS

    WhoWanted: Dead

    www.humanevents.com

    SATerp

  • Alpha/Danny,

    Neither of those two responses really answer the question. Would/should it be legal to shoot the person dead in those two examples? And I'm not just being argumentative when raising these examples. A failure to engage in this type of analysis is what leads to really badly-written laws.

    (This issue arose when I stated that being an initial aggressor does not necessarily mean you lose your right to self-defense and the other person can use deadly force whenever he wants. I'm exploring that point a bit.)

    Let's pretend we are lawmakers for a second and can write a law to cover those examples. Can person B legally shoot person A dead if person A raises his hands up or turns around and runs away etc.?

    This post has been edited 2 times, most recently by terps99 on 3/25/2012 at 10:10 AM

    terps99

  • http://www.myfoxtampabay.com/dpp/news/state/witness-martin-attacked-zimmerman-03232012

    Interesting development....

    roooooomie

  • Yeah the problem i see with florida law is the initial aggressor can use deadly force if he starts losing the fight and has a subjective fear of being hurt.

    We are beating a dead horse here, but every time you start a fight, SOMEONE is going to get busted up. a bully hopes it is the smaller guy, gay guy etc. But when the bully discovers

    1: he sucks at fighting

    and/or 2. he picked on the wrong person,

    he is the one getting busted up instead of his victim. Under Florida law he is entitled to use deadly force if he has a legit fear not of death, but getting busted up.

    It seems to me when you start a fight-YOU ASSUME THE RISK OF GETTING BUSTED UP IF YOU LOSE. you have no right to a guaranteed victory. And that is what zimmerman had.

    Many of Pitt's 58 "rushing attempts" were the result qb Tino Sunseri fleeing the pocket like a man whose clothes were on fire.

    Nolaeer

  • SATerp said...

    The case now seems to be going in excess in the opposite direction, with the New Black Panther Party and the New Black Liberation Militia stirring people towards violence, and the idiot Spike Lee tweeting Zimmerman's home address - what could possibly go wrong? Great way to respond, guys!

    Agreed that posting Zimmerman's address isn't the most responsible of things but effectively the panthers are pursuing vigilante justice. Isn't that the same principle behind the stand your ground law?

    cjterps98

  • roooooomie said...

    http://www.myfoxtampabay.com/dpp/news/state/witness-martin-attacked-zimmerman-03232012

    Interesting development....

    interesting development if you believe you should have the right to smoke an unarmed, minor after you provoked him into a fight in which you were gettin' whooped.

    cjterps98

  • Apparently there is some debate in La. whether you can you kill an agressor who is fleeing. One man shot and killed someone driving away in a car and was not charged under La.'s stand your ground law.

    Local editor to newsparer opines he should have been charged.

    http://www.nola.com/opinions/index.ssf/2012/03/standing_your_ground_in_louisi.html

    This post was edited by Nolaeer on 3/25/2012 at 10:28 AM

    Many of Pitt's 58 "rushing attempts" were the result qb Tino Sunseri fleeing the pocket like a man whose clothes were on fire.

    Nolaeer

  • Nolaeer said...

    Yeah the problem i see with florida law is the initial aggressor can use deadly force if he starts losing the fight and has a subjective fear of being hurt.

    We are beating a dead horse here, but every time you start a fight, SOMEONE is going to get busted up. a bully hopes it is the smaller guy, gay guy etc. But when the bully discovers

    1: he sucks at fighting

    and/or 2. he picked on the wrong person,

    he is the one getting busted up instead of his victim. Under Florida law he is entitled to use deadly force if he has a legit fear not of death, but getting busted up.

    It seems to me when you start a fight-YOU ASSUME THE RISK OF GETTING BUSTED UP IF YOU LOSE. you have no right to a guaranteed victory. And that is what zimmerman had.

    Stand your ground does not permit use leathal force to stop non leathal force. Also, If you punch some one in the face, it doesn't give the other person the right to kill you, just because 'you struck first'. You still have to prove beyond reasonable doubt there was intent to kill or inflict perilous bodily injury before you lose culpability for causing death or serious injury in self defense. An assualt against a person without any kind of weapon would be hard to defend as reasonable for requiring a potential leathal response unless the beating was beyond complete demonstrated submission by the victim, ie curled up in fetal position while being kicked, punched etc.

    This post was edited by roooooomie on 3/25/2012 at 10:33 AM

    roooooomie

  • SATerp said...

    The case now seems to be going in excess in the opposite direction, with the New Black Panther Party and the New Black Liberation Militia

    What are those 2 guys really going to do?

    Layman ... Jake Layman!

    reeceg1