(09-14-2024, 01:11 AM)Schmoe Wrote: Better to be judged by 12 than carried by 6.
I don't know all the details on this case, but it seems like pretty cut and dry defense. What are you supposed to do in Massachusetts if someone enters your home at 3am? Wait until they steal something or assault someone before taking them down?
I sure as hell don't believe in turning the other cheek. Don't start shit, won't BE shit.
You're right - it's not gone to trial yet, so the fat lady hasn't sung. He might be acquited if he can make an actual case for self defense.
The problem is, you can't use self defense as a legal defense if it's determined that you provoked the fight to begin with. Arguably, the case could be made that by standing in public "demonstrating" is a minor (but constitutionally protected) provocation, and if words were exchanged first, then that might be considered a more major provocation, without any constitutional protection - depending on what was said, and how it was said..
It's a whole different story if someone breaks into your house unprovoked in the middle of the night. They're bought and paid for if they do.
So they'll have to determine what was said that was strongly offensive enough to make the guy charge across a traffic-laden street and attack, or if perhaps nothing at all was said, and he's just batsshit crazy.. THAT will determine whether the shooter can successfully use a "self defense" defense or not.
That's one of the reasons that I avoid "demonstrations". The other main reason is that they are utterly useless, and never, in the history of the world, have they solved or changed anything. They just get everyone's emotions all ramped up for no good reason, and never any resolution. They are only allowed because so long as we are attacking one another, we are too busy fighting amongst ourselves to actuate any REAL change, and certainly too busy to attack the actual culprits.
So now this guy is in hot water because a) he participated in a useless protest, and b) he took a gun to a bitch-fight.
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