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Law says self-defense ends when threat ceases
Fayetteville Observer (North Carolina) ^ | 2/26/08 | Nancy McCleary

Posted on 02/26/2008 8:25:44 AM PST by kiriath_jearim

click here to read article


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To: kiriath_jearim
Well how about the husband went temporarily out of control because he saw his wife being threatened??

I don't think they can convict him in a red state.

61 posted on 02/26/2008 9:04:07 AM PST by oldbrowser (Ideologues are impractical.)
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To: dmz

When you act in self defense you are the judge, jury, and executioner. The guy who ran this guy down, saved a whole s—t-pot full of future victims.


62 posted on 02/26/2008 9:05:44 AM PST by purpleraine
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To: SampleMan

As in: BANG! “Stop, or I’ll shoot!”


63 posted on 02/26/2008 9:06:08 AM PST by MortMan (Those who stand for nothing fall for anything. - Alexander Hamilton)
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To: GourmetDan

If someone threatens my family, I will hunt them down and kill them. I might wait for the police to do their job, I might not.


64 posted on 02/26/2008 9:07:02 AM PST by live+let_live
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To: Leftism is Mentally Deranged

Actually, in VA, you can kill an armed robber who is running away.

But I think it would be hard to explain the second and third times that you ran him over.


65 posted on 02/26/2008 9:07:18 AM PST by patton (cuiquam in sua arte credendum)
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To: Hacklehead
wrong.... read the law: private citizens' permissible use of deadly force under the authority of RCW 9.01.200, 9A.16.020, or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers." [1986 c 209 § 3.] The husband was excercising his right to apprehend a rapist in the event evidence was needed. Any evidence is now available in the aforementioned hospital bed.
66 posted on 02/26/2008 9:07:22 AM PST by CRBDeuce (an armed society is a polite society)
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To: GourmetDan

Try to convince a jury of that.


67 posted on 02/26/2008 9:08:42 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: cajungirl

Agreed, he must not have that high an opinion of his wife!


68 posted on 02/26/2008 9:09:11 AM PST by CRBDeuce (an armed society is a polite society)
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To: anonsquared

Excellent stretch.


69 posted on 02/26/2008 9:10:36 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: purpleraine

The guy who ran this guy down, saved a whole s—t-pot full of future victims.
__________

And by your own admission, then, this was not an act of SELF defense. I won’t really quarrel too much with his actions, but I won’t pretend it was something it wasn’t.


70 posted on 02/26/2008 9:11:04 AM PST by dmz
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To: Hacklehead

“When I was a kid my neighbor cop told me if you are going to shoot someone in your backyard make sure you always drag his body into your kitchen and then call the police”

VERY bad advice. If you do that you are sure to go to jail whether the shoot was justified or not. Never move the body. It’s very easy to detect and proves you are guilty”

Quite right...better dump the body in the hood...


71 posted on 02/26/2008 9:12:07 AM PST by Crim (Dont frak with the Zeitgeist....)
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To: stuartcr

“I guess we should have pre-emptive self-defense...if a guy looks like he may want to harm you sometime in the future, you should be allowed to shoot him now.”

Works for me...


72 posted on 02/26/2008 9:13:28 AM PST by Crim (Dont frak with the Zeitgeist....)
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To: muawiyah

Unfortunately, there’s plenty of hippies, liberals and gays coming to NC to take up the slack of conservatives not visiting.


73 posted on 02/26/2008 9:14:54 AM PST by Rb ver. 2.0 (Global warming is the new Marxism.)
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To: kiriath_jearim

So did Lazarus come back from the dead?


74 posted on 02/26/2008 9:15:01 AM PST by Sig Sauer P220
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To: Crim

What if someone thinks you may be a threat?


75 posted on 02/26/2008 9:15:08 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: TChris; calex59

Exactly. Vigilantism is as corrosive to the rule of law as criminals are. Only in the extreme cases where there is no law enforcement period, or where any hope of intervention by the criminal justice system is virtually nil, is vigilantism even remotely acceptable. Most of the time, a “hero” vigilante is going to be as dangerous and out-of-control as a the criminal.


76 posted on 02/26/2008 9:17:18 AM PST by Titus Quinctius Cincinnatus (Men fight well when they know that no prisoners will be taken.)
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To: kiriath_jearim

In some parts of the country you might get away with the affirmitive defense of “he needed killin’,” but in others you won’t.

My point....

While you might be right that he went overboard, I’m not sure if I would convict the man. I can well understand his anger and, perhaps, even the loss of control. When you attack a man’s wife you give up the right to claim to be a “victim” when you are gunned down, run down, or just plain hunted like the dog you are. Had the husband shot the man where he was, nobody would complain about his right, yet, a minute later, suddenly he is a criminal himself. Isn’t there something like the “5 second cookie rule” for wife attackers?


77 posted on 02/26/2008 9:17:56 AM PST by Lord_Calvinus
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To: TChris

Have and will again. Just do not get caught, if the law will not let you prevent it from happening again, the law needs to be changed. Restraining orders do no good and when someone is terrorized it is usually to late before the “justice’ community does something about it. Attack mine or me and you can expect swift and painful retribution. spare me the vigilante c$ap.


78 posted on 02/26/2008 9:18:00 AM PST by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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To: Cyman
When I was a kid my neighbor cop told me if you are going to shoot someone in your backyard make sure you always drag his body into your kitchen and then call the police

I guess your neighbour didn't work in forensics.

79 posted on 02/26/2008 9:18:58 AM PST by Titus Quinctius Cincinnatus (Men fight well when they know that no prisoners will be taken.)
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To: Hacklehead

Wait and see what the jury says.


80 posted on 02/26/2008 9:20:48 AM PST by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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