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‘Castle doctrine’ bill picks up support (WV)
Register-Herald ^ | January 24, 2007 | Mannix Porterfield

Posted on 01/25/2007 11:40:26 AM PST by neverdem

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To: neverdem

Absolutely! Never give this up! It's the last defense an innocent person has against an agressor.


21 posted on 01/25/2007 1:45:10 PM PST by Leftism is Mentally Deranged (Leftism is ..... see my user name.)
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To: Vigilanteman
"Actually, it is rooted in Scottish law. There is even a legal term, hamesucken, for the crime of home invasion. It was punishable by death."

Goes back a LOT further. Exodus 22:2-3 tells us if a thief is killed in the act of breaking into a house, then so be it; it's self-defense and the killer is not guilty of anything at all.

22 posted on 01/25/2007 1:50:17 PM PST by Wonder Warthog (The Hog of Steel-NRA)
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To: Wonder Warthog

Exodus 22:2-3 is quite possibly the basis of the Scottish law on hamesucken. Only hamesucken goes further. If the homeowner doesn't give the perp the killing he needs, then the state will assist.


23 posted on 01/25/2007 2:17:34 PM PST by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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To: Sloth

He's a cool guy..very conservative older dude. I grew up watching him host saturday night wrestling on channel 4 out of Oak Hill, WV,


24 posted on 01/25/2007 4:17:32 PM PST by Armedanddangerous (Master of Sinanju (emeritus))
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To: Ciexyz

I read somewhere that west Virginia is the "whitest" state (98%), and the poorest state, but it has the lowest crime rate in the US.


25 posted on 01/25/2007 4:37:11 PM PST by boop (Now Greg, you know I don't like that WORD!)
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To: Sloth

Shirley Love,his real first name, has been around for years in the Fayette Co. area. I remember him as a radio and TV broadcaster on WOAY years ago. I've met him several times, always seemed like a decent enough person. He used to announce the local news,some of the local high school games, and the local wrestling show from TV lanes. For y'all that don't know, TV lanes was a bowling alley with the radio and TV station built right above the bowling lanes. There are a lot more dems then republicans in WV but quite a few dems are conservative in their ways. We voted for Bush in 2000 and 2004 while also electing a democratic governor in 2004.


26 posted on 01/25/2007 4:38:59 PM PST by WVNight (We havn't played Cowboys and Muslims yet....)
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To: goldstategop

Mainly due to the older demographics of the state. You have the yellow dog mentality still strong in WV and Byrd has been around as long as most of the oldsters in WV. The demographics are slowly changing as reflected in teh 2000, 2004 elections.


27 posted on 01/25/2007 4:42:46 PM PST by WVNight (We havn't played Cowboys and Muslims yet....)
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To: All

"I am serious... and don't call me Shirley."

28 posted on 01/25/2007 4:51:00 PM PST by Sloth (The GOP is to DemonRats in politics as Michael Jackson is to Jeffrey Dahmer in babysitting.)
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To: snowsislander

I have had several state troopers tell me on more then one occasion that if someone makes it into your house and you fear for your life to not hesitate to shoot the bad guy. I had one tell me that if they are breaking through your door and you shoot through the door and kill the person outside to at least drag them inside the doorway before they arrive.....Reminds me of a sign in red paint on a sheet of plywood placed in the field of a farm near here. It read "If you come messing around here at night you'll be laying here in the morning". Apparently he'd had some thieving taken place on his property.


29 posted on 01/25/2007 4:51:52 PM PST by WVNight (We havn't played Cowboys and Muslims yet....)
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To: FreeInWV

Yes I believe that Capito would do very well running against Rockefeller in the next Senatorial election.


30 posted on 01/25/2007 4:54:22 PM PST by WVNight (We havn't played Cowboys and Muslims yet....)
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To: neverdem
I don't live in WV, so I can't say yes or no. But I can't figure another reason for wanting protection against liability from criminal or civil prosecution other than there is a current duty to retreat.

From what I could tell, prior to the passage of the Florida bill there was no "duty to retreat" in that state.

While I was in favor of the Florida bill (and the West Virginia one, for that matter) since the Florida bill also put into state law some other good features, I didn't like exactly what you describe: somehow creating the presumption that there was some sort of duty to retreat prior to the bill's passage when there was no such duty that I had ever seen in Florida law --- in fact, the castle doctrine had been explicitly invoked in cases well before the passage of the Florida bill.

The original Bill of Rights originally had some opposition from those who were not opposed to the rights in it, but in that somehow it created the presumption that other unenumerated rights reserved under the 9th and 10th amendments might somehow be presumed not to exist unless they were explicitly mentioned in the Constitution. Alexander Hamilton, for instance, said:

"I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?" ( Federalist, no. 84)

Certainly the Florida law seemed to have an immediate practical effect since crime did seem to drop right after its passage as referenced in the original post, and other provisions I thought were beneficial were included in the Florida law. However, I didn't like the tactics of the proponents of the Florida law who did not make it clear that up until that time, court rulings had left the castle doctrine unimpaired, and instead seemed to insinuate that the castle doctrine needed somehow repair in Florida.

31 posted on 01/25/2007 5:23:00 PM PST by snowsislander
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To: neverdem

Didn't the Florida bill stipulate anywhere one had the right to be, not just the home? Or was that Michigan?


32 posted on 01/25/2007 5:29:03 PM PST by School of Rational Thought (Republican - The thinking people's party)
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To: neverdem

Didn't the Florida bill stipulate anywhere one had the right to be, not just the home? Or was that Michigan?


33 posted on 01/25/2007 5:29:06 PM PST by School of Rational Thought (Republican - The thinking people's party)
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To: School of Rational Thought
Didn't the Florida bill stipulate anywhere one had the right to be, not just the home?

IIRC, yes.

34 posted on 01/25/2007 5:46:01 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: boop

btt


35 posted on 01/25/2007 7:55:11 PM PST by Ciexyz (In all thy ways acknowledge Him, and He shall direct thy paths. Proverbs 3:)
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To: navyblue

Well then I'm bringing it. Oh wait a minute, I did last time.


36 posted on 01/25/2007 8:26:26 PM PST by Bassfan (No cheese please)
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To: boop
but it has the lowest crime rate in the US.

My relatives there say that meth is changing that.

37 posted on 01/25/2007 8:38:50 PM PST by VeniVidiVici (Celebrate Monocacy!)
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