Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: LeGrande
You describe yourself as a libertarian. If you confront a felon who is in possession of your personal property - and attempt re-possession of the property - and said property is a deadly weapon - and the felon struggles to maintain control of the property - why should the felon be given the benefit of the doubt as to intent?

Does your answer represent the libertarian point of view, conventional legal reality, or what? Just so you know, my thinking, which is implicit in the question posed, is strictly confined to the morality of self defense. I'm open to another point of view. But I don't think we've completely delegated to the government absolute responsibility in the matter of apprehension of criminals who are in the process of conducting a crime. Does hot pursuit automatically a count as a strike against self defense?

63 posted on 02/10/2010 1:50:34 PM PST by no-s (B.L.O.A.T. and every day...because some day soon they won't be making any more...for you.)
[ Post Reply | Private Reply | To 54 | View Replies ]


To: no-s
Does hot pursuit automatically a count as a strike against self defense?

It isn't self defense if you are in hot pursuit, you have become the aggressor. Your right to use deadly force ceases when your life (or family and friends) is no longer in danger.

You describe yourself as a libertarian. If you confront a felon who is in possession of your personal property - and attempt re-possession of the property - and said property is a deadly weapon - and the felon struggles to maintain control of the property - why should the felon be given the benefit of the doubt as to intent?

You don't have the right to use deadly force to recover personal property. Do you think that if your neighbor has stolen something from you that you have the right to go into their house and shoot them to recover it?

Does your answer represent the libertarian point of view, conventional legal reality, or what?

Mostly conventional law. In this case though it is in line with my libertarian view. The basic rule is that you can only use deadly force if you are threatened with deadly force. If you go out and become the aggressor (taking the gun from someone) and shoot them, you didn't act in self defense.

I'm open to another point of view. But I don't think we've completely delegated to the government absolute responsibility in the matter of apprehension of criminals who are in the process of conducting a crime.

You cannot use deadly force in the apprehension of a criminal. The cattlemen who rounded up the rustlers and hung them were guilty of murder. But they had every right to apprehend them (including the threat of deadly force) and take them to a legal authority. The downside is that if you are mistaken, then you become guilty of kidnapping, etc.

68 posted on 02/10/2010 2:40:47 PM PST by LeGrande (The government wants to make a new Government program (Health Care) to fix Medicare and Medicaid.)
[ Post Reply | Private Reply | To 63 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson