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Discussion in 'Off-topic' started by merlock, Oct 7, 2007.
Would you convict the vet in Reno for cutting the Mexian flag down?
Need more info before I could answer.
Convict of what, trespassing, theft, vandalism.....
The quest asked cutting down the flag, yes he has even said he did it. Is there a law about cutting down flags?
Makes me think of once when I was asked about flag burning and butt kicking. If people say they have a right to burn our country's flag since there is freedom of speach then I have the right to kick thier butt's under the 1st AM.
But is butt kicking a form of speech? I would think not. While burning your own flag in protest (as much as I detest the idea) you are not harming anyone physically or destroying anyone else's property.
Same here. If it were one of those charges and I were on the jury...well, I still have to go with the law as it's written.
Don't get me wrong. Part of me is cheering for the guy. I don't think I've got the stones to do such a thing. Only problem is, he did break the law.
I'd do my damnedest to stay off of that jury.
All it'd take is a couple of well-placed comments about "building a moat all along the southern border and filling it with sea monsters" during voir dire and I'd be set.
ETA: Then the judge commits you to the looney bin, after your stint for contempt.
While he did break laws, I would hope that he would get a sympathetic jury, if it came down to a trial.
Before we get 'so quick to convict', think about this:
Intruder breaks into your house. For some reason (adrenaline, maybe)...your shots miss, and intruder retreats...intruder turns and fires a round. You return fire immediately, but he has turned around a split second before your round hits him. Well, you just shot someone fleeing. You want a panel of 'so quick to convict' to get you for agg. assault (or worse)??? I mean, heat of the moment..but you did fire on someone fleeing...intruder had to be fleeing, because he was shot in the back. Guess Bubba's gonna have a cellie for a few years.
I could be wrong on this merlock, but it is my understanding that if an intruder is in your home, even if he is retreating, you can still use deadly force. Additionally, in your example, simple forensics would show that the intruder had indeed fired on you making him a real threat to your life.
Jury nullification has its place though. An example would be Georgia's recently on the books sodomy laws that were legal because they applied to everyone, but in practice were only used against homosexuals. I think we can all agree that those laws were unjust and therefore no law at all and if I sat on such a jury I would vote for nullification.
Armed robbery is not an unjust law, no matter what the person's motive for doing so.
How is it armed robbery? Because he used a knife as a tool? I only watched the video, so I must be missing something.
Definition of robbery according to Nevada statute:
While I could be wrong, it appears to me he met the standards for robbery to be charged. He flashed a military style knife which he used as a tool to cut down the flag, but he drew attention to the fact of him having the knife by waving it around after using it as a tool and issued a challenge to anyone who wanted to stop him while continuing to display the knife. I think the shopholder could reasonably state that he did nothing because he was in fear for his life from the crazy man waving around the K-bar.
Convict him. And impose a penalty of one dollar and ten seconds of custody.
Now that I could agree with
I don't. If he was convicted of a felony, think of all the trouble he'd have then.
All rights are inherently based on property. If you throw out property rights, you throw out all rights. If the flag was not his property, he should be convicted.
Of course, the charge should fit the crime. He should certainly not be charged with a felony "hate" crime or anything. Misdemeanor vandalism should cover it.
Convict him of what?
Explaining proper flag etiquette to the store owner???
How can that be a crime? I was taught in the Boy Scouts the flag of the country where the flags are flying always is on top. He was simply explaining that to the store owner who had the Mexican flag flying atop the American flag. No biggie...
While I don't know for sure either, I do know that there are over-zealous DA's out there, looking to make a name for themselves.
I fully agree with this.
Personally, I don't consider this armed robbery, regardless of how the NV statute reads.
I agree with the argument that he should be charged, but if I was on the jury, I would nullify it.
Did he do something illegal? Probably.
Could I in good conscience ever convict him? Hell no.