[HOLY S**T!] Stand your ground law - Valid or Not????

[Own3d]

The fearing for his life excuse won't stand up, he had the opportunity to leave but just stood there. He was the one that went out to provoke the conflict. He says to the dispatcher that the man went inside to get a gun while the man is still in camera shot not going anywhere.

He went to his neighbours to cause a confrontation so he could shoot him.

[Freedom.]

Rodriguez was sentenced to 40 years for shooting Danaher.

Seems rather harsh to me, considering how threatening Danaher was in that video.

All the details are here:

http://www.stradleylaw.com/rodriguez...-self-defense/

[New England]

Originally Posted by Freedom.

Rodriguez was sentenced to 40 years for shooting Danaher.

Seems rather harsh to me, considering how threatening Danaher was in that video.

All the details are here:

http://www.stradleylaw.com/rodriguez...-self-defense/

that article looks to be from a very biased source. texas is notoriously conservative, and pro gun.

[Own3d]

Originally Posted by New England

that article looks to be from a very biased source. texas is notoriously conservative, and pro gun.

If you fell on to someone's front law in Texas they'd get away with shooting you.

[New England]

Originally Posted by Own3d

If you fell on to someone's front law in Texas they'd get away with shooting you.

absolutely

it's hard for foreigners to grasp at times the level of independence that states have. they govern themselves. the laws in my home state of MA are completely different from texas laws. the people are completely different, too.


you'll probably find european nations with more in common with each other than some states have in common with other states.

[arraamis]

The guy would have been OK, had he not incriminated himself as provoking the incident .... He thought having the camera would support his belief that he was "Standing his ground", but instead provided all the evidence needed to show he was provocative and could have retreated.

[squealpiggy]

Originally Posted by New England

absolutely

it's hard for foreigners to grasp at times the level of independence that states have. they govern themselves. the laws in my home state of MA are completely different from texas laws. the people are completely different, too.


you'll probably find european nations with more in common with each other than some states have in common with other states.

For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".

[joseph5620]

Originally Posted by UglyPug

just a lil FYI: Zimmerman's defense will probably not use stand your ground self-defense. THey are going to argue simple common-law self-defense. Which is what I was trying to tell people from the beginning.

Where I laid out all the elements, and applied the facts of the case (the ones not in dispute) to the law to show how he was indeed covered by the law.

Originally Posted by UglyPug

Stand your ground is a good concept, I believe. You should not have to try to retreat if somebody is attacking you. . That could result in you getting ****ed up even worse. . . But the law is often written vaguely, and in turn, can be used to cover certain instances that are not itended to be protected.

Still need to know more about this case, but it sounds like this should not be covered by stand your ground, nor common law self-defense. But I can't say for sure.

That's not what you were saying. Also, if you follow an unarmed citizen while carrying a gun, without cause, you are not automatically covered by the law just because you were getting your ass kicked. Nice try though.

[New England]

Originally Posted by squealpiggy

For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".

there is validity on some level to the mentality of a texan who wants a gun to protect himself


texas is a big place. depending on where you live you might be hours away from police assistance, medical care, etc. in those situations i'd appreciate the right to have a gun, and to use it if i had to.



it gets abused, though, for sure. this bloke with the camera and the gun is evidence of that. i'm just making a judgement based off of the video, but that guy had an itchy trigger finger, IMO. he wanted trouble, and he went looking for it.

[arraamis]

Originally Posted by squealpiggy

For example they don't have absolutely mental laws on the books sanctioning murder if you manage to contrive a situation that you could spin has "self defense".

If he hadn't filmed the incident, he certainly would have been in a position to spin this situation in his favor and in essence, get away with murder.