Road Rage, revisited.

   / Road Rage, revisited. #241  

2LaneCruzer

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It's almost a question of whether you'd rather go to prison for shooting the aggressor or hold your fire and hope he doen't cripple or kill you. Shooting to prevent theft or destruction of property is difficult to justify. Occurring at night or involving arson once made a difference in Texas,not so much now. Where shooting was once justified if perp was inside your residence (including motor vehicle, hotel room,tent,rv) you must leave through a window or backdoor now if possible. Even after depression was long past,petty theft carried over and was common. Dogs were preferred over firearms by many(still true) so there were cases of mauled burglars but few dog owners were held liable for injuries. You can see how all that has changed by looking at recent cases of police charged with murder over returning fire on suspects.
Under common law, there was a presumption that someone breaking and entering your home at night, when you were there, that they had intentions of doing you bodily harm and you could use deadly force. Oklahoma has expanded that some what under the "make my day" law. You might want to check out Texas's Castle Doctrine.

 
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   / Road Rage, revisited. #242  

jaxs

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Under common law, there was a presumption that someone breaking and entering your home at night, when you were there, that they had intentions of doing you bodily harem and you could use deadly force. Oklahoma has expanded that some what under the "make my day" law. You might want to check out Texas's Castle Doctrine.

I've never faced a grand jury over shooting someone but I've been close enough to others that have and here's what I've learned.
Lawyers can paint a goose to look and sound like a chicken,duck,hoot owl or whatever they please. 2 lawyers often disagree what documents say and/or mean so the average Joe sure can't be sure of what he reads. Can we agree that any cop know's the law better than you and I? Cops are being increasingly brought up on murder charges eventhough video show's the dead man shot first or took action that would convince any sane person they were about to shoot. It would be a better world if the rules were in black and white but they aren't.
 
   / Road Rage, revisited. #243  

2LaneCruzer

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I've never faced a grand jury over shooting someone but I've been close enough to others that have and here's what I've learned.
Lawyers can paint a goose to look and sound like a chicken,duck,hoot owl or whatever they please. 2 lawyers often disagree what documents say and/or mean so the average Joe sure can't be sure of what he reads. Can we agree that any cop know's the law better than you and I? Cops are being increasingly brought up on murder charges eventhough video show's the dead man shot first or took action that would convince any sane person they were about to shoot. It would be a better world if the rules were in black and white but they aren't.
I was a licensed for twenty plus years; never practiced criminal law, but I have learned this much as a government agency attorney...politics can bring a whole new perspective to the interpretation of the law...from the people who enforce the law to the judges who interpret the law.
 
   / Road Rage, revisited.
  • Thread Starter
#244  
OP
J

Jstpssng

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No matter how you look at it, once you pull that trigger your life is going to change... and probably not for the better.
So the stakes had better be worth it.
 
   / Road Rage, revisited. #245  

Hay Dude

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No matter how you look at it, once you pull that trigger your life is going to change... and probably not for the better.
So the stakes had better be worth it.

Ask Alec Baldwin
 
   / Road Rage, revisited. #246  

Fragger

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Beastiality??:eek:
 
   / Road Rage, revisited. #248  

Tinhack

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You might want to check out Texas's Castle Doctrine.
The inclusion of "theft during the nighttime" is a favored part of the law in these parts. It's discussed often among the morning coffee group around here. I feel sorry for the hundreds of thousands of new "immigrants" that don't know the law. I see most have nothing but the clothes on their backs or a small plastic bag. I wonder where they disappear to. ??? :oops:
 
   / Road Rage, revisited. #249  

bdhsfz6

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No matter how you look at it, once you pull that trigger your life is going to change... and probably not for the better.
So the stakes had better be worth it.
My life may well change once I pull that trigger but at least I'll still have a life.

If someone breaks into my house at night, I'm not going to wait to see if he plans to do me harm. I'll shoot first and ask questions later. In a situation like this, there can't be any stakes greater than your own life.

If the law wants to prosecute me, so be it.
 
   / Road Rage, revisited. #250  

Larry Caldwell

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My life may well change once I pull that trigger but at least I'll still have a life.

If someone breaks into my house at night, I'm not going to wait to see if he plans to do me harm. I'll shoot first and ask questions later. In a situation like this, there can't be any stakes greater than your own life.

If the law wants to prosecute me, so be it.
And if they cut you off during rush hour?
 
 
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