No Homicide Charges For Teen Who Shot And Killed A Man With An Illegal Gun, SYG

Discussion in 'Politics, Religion, Social Issues' started by rdowns, Aug 8, 2013.

  1. rdowns, Aug 8, 2013
    Last edited: Aug 8, 2013

    macrumors Penryn

    rdowns

    Joined:
    Jul 11, 2003
    #1
    Yeah, this law needs no changing. :rolleyes:


    http://thinkprogress.org/justice/20...d-even-though-he-illegally-possessed-the-gun/
     
  2. waa1futs, Aug 8, 2013
    Last edited: Aug 8, 2013

    macrumors 6502

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    #2
    ...
     
  3. macrumors 6502

    Joined:
    Sep 28, 2012
    #3
    There's exceptions to all rules. If this kid was defending himself and or his family from a threat it would be justified. If he was carrying a firearm or otherwise being reckless then it would be an unlawful carry of a firearms. I've seen countless times in my law enforcement experience and in other jurisdictions on police shows as the first 48 where a suspect was justified in the shooting but still eats the possession of a firearm by minor / convicted felon etc. I am so happy to hear a situation where race is not mentioned I have no idea what the races are or could care less. Kid defended himself that's what firearms are made DEFENSE.
     
  4. macrumors demi-god

    Shrink

    Joined:
    Feb 26, 2011
    Location:
    New England, USA
    #4
    The stick was a threat.

    He could have walked away like his friends.

    He had the right to defend himself.

    He possessed the gun illegally.

    The use of the gun was justified by the threat.

    He had a right to possess a gun under the Second Amendment.

    The Second Amendment is not absolute.

    They want to take our guns away.

    The pro gun folks are nuts.

    The anti-gun are are liberal wussies.


    Did I miss anything?;)
     
  5. macrumors 6502

    Joined:
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    #5
    You took all my lines! :mad:
     
  6. macrumors 6502a

    xShane

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    #6
    He had the option to retreat, but didn't take it. It wasn't true self defense. Killing someone should always be a last resort, last ditch effort, where it is your only option, with no possibility to get away from the situation.
     
  7. macrumors 6502

    Joined:
    Jul 30, 2008
    #7
    yeah you missed the one major thing - thinkprogress.org
     
  8. macrumors 68020

    niuniu

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    A man of the people. The right sort of people.
    #8
    'Any fool can make a rule, and any fool will mind it.'
     
  9. macrumors 68020

    Joined:
    Jan 22, 2009
    #9
    Nail on head.



    Surprised teen not charged with illegally possessing gun.
     
  10. macrumors 603

    Tomorrow

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    Always a day away
    #10
    I would hope he would at least be charged for possessing the gun illegally.
     
  11. thread starter macrumors Penryn

    rdowns

    Joined:
    Jul 11, 2003
    #11
    He is being charged with carrying a concealed firearm and possession of a firearm by a minor.

    It's in the source article linked to in the story. I didn't use it because the ****ers make you click through 5 pages to read the story.
     
  12. macrumors 68020

    Joined:
    Jan 22, 2009
    #12
    Great!

    Thanks for saving us trouble.
     
  13. macrumors 603

    Tomorrow

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    #13
    The assailant was swinging a stick at him and trying to run him down with his vehicle. Was he expected to try to outrun the vehicle first?

    The law is pretty clear, and it sounds to me like he didn't break the law in that regard.
     
  14. macrumors 65816

    aerok

    Joined:
    Oct 29, 2011
    #14
    This is much clearer than what happened with Zimmerman. As much as I hate the SYG law, it does sadly exist and it makes sense that he got acquitted because the victim was trying to run them over with his SUV.

    I still think the better option would have been to run away.
     
  15. macrumors G5

    ucfgrad93

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    Colorado
    #15
    Agreed. If that is what happened, I have no problem with the teen not being charged with homicide.

    These sound like appropriate charges to me.
     
  16. macrumors 65816

    dec.

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    Toronto
    #16
    Why would you try to run away if it's easier (and legal) to put a bullet in the guys head?
     
  17. macrumors 603

    Tomorrow

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    #17
    The whole "shooting the bad guy" thing kinda helped them get away, wouldn't you say?
     
  18. macrumors 603

    mrkramer

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    #18
    From the sound of how this law is written you should expect this as a possible outcome when you walk down the street in Florida.
     
  19. macrumors 65816

    citizenzen

    Joined:
    Mar 22, 2010
    #19
    I'm confused by this part of the OPs linked article ...

    Yet here is the text of 2004 Florida Statutes, Chapter 776, JUSTIFIABLE USE OF FORCE ...

    Nowhere in these statutes is there any mention of a "requirement to retreat".

    So I'm confused.

    Is the article wrong? Or is that assertion based on an application of Florida law even though it's not actually stated in the law?
     
  20. macrumors 6502a

    skottichan

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    Columbus, OH
    #20
    According to the article, his friends retreated before Mr Jacobs was shot and killed.
     
  21. macrumors 65816

    Zombie Acorn

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    Toronto, Ontario
    #21
    If you are being attacked you have the right to defend yourself. You should not have the obligation to retreat first.
     
  22. macrumors 65816

    citizenzen

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    #22
    As demonstrated in the text of the law—even before SYG—there isn't.
     
  23. macrumors 65816

    Zombie Acorn

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    #23
    Well then lets stop talking about his friend who retreated so he should have been able to do the same.
     
  24. macrumors 6502a

    skottichan

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    Location:
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    #24
    Yes, let's instead talk about the fact that the state of Florida allowed the murders of men that could have been more easily dealt with in a non-lethal way.
     
  25. macrumors 68000

    Sydde

    Joined:
    Aug 17, 2009
    #25
    The problem is, the opposite of self-defense would be some degree of murder. The state has to show beyond a reasonable doubt that it was murder (burden of proof and all that). The guy with the gun (living witness) has a pretty low bar to jump to avoid prosecution – with SYG, it seems as though "he was making me nervous" is all one really needs. As long as these laws are in place, the trigger happiness will only escalate.
     

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