Why a conviction?

Discussion in 'In the News' started by Bkite, Sep 18, 2019.

  1. Bkite

    Bkite PawPaw x 3

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    So, the neighbor steals the guy's stuff.
    Guy puts a lock on the door with warning signs around.
    Crap neighbor ignores signs, breaks lock opens door and "boom".
    Why was the landowner even charged?
    Things like this make me know there is no or little justice anymore.
    Mainly just lawyers and judges with a vocabulary that have screwed things up.
    https://www.foxnews.com/us/illinois...u0bKnU6GOS2YgEXZZV-lABYp9pdhWPi7jHKGP29LuUFFM
     
  2. moe mensale

    moe mensale Well-Known Member

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    Premeditated murder?

    What if the homeowner gave another person the key to open the shed with his permission and forgot about his booby trap? One potentially dead innocent person.

    Maybe a game camera would have been a better option then let the cops handle it.
     

  3. atlsrt44

    atlsrt44 Well-Known Member

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    Unequal force is my best guess. Just like you cant kill someone for stealing your car if you arent in danger
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Guns that are rigged as traps to kill burglars are called, in caselaw, spring traps. I presume because they are like those old leg-hold traps with metal jaws that will snap shut on whatever animal happens to wander by and put his foot or face into it

    While everybody knows that trappers make a effort to try to put these traps along certain trails baited with certain types of food so that only certain animals will be caught, we all know that it is possible (and occasionally does happen) that the wrong type of animal will get hurt by one of these traps.

    When it comes to hunting or trapping animals, most states still allow these traps, but some states have banned them however because they are inherently dangerous.

    When it comes to using deadly force against intruders or thieves, every state bans the use of man traps, spring traps, booby traps, etc. Human life is too precious to allow for the chance that the wrong kind of person might fall victim to one of these.

    In Georgia, our courts have said that the reason spring traps are always unlawful is because it kills indiscriminately without being limited to using a reasonable amount of force that is necessary under the circumstances.

    Other States courts have gone further to explain that the right of self-defense is a personal right to you as a human being, and that right corresponds to a duty to use your judgment before taking action. A machine (booby trap) cannot be adequately programmed to substitute for a human being assessing all the circumstances and then taking the action. If you're not there personally to view what's happening and use your own judgment, then you do not have the right to use deadly force.
     
  5. OWM

    OWM Well-Known Member

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    The exception being our government and others. Good for the rest of us I think.
     
  6. Clark

    Clark Well-Known Member

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    What about a nonlethal trap like a water hose? What about something harmful, but very unlikely to be lethal like pepper spray?
     
  7. mrhutch

    mrhutch Well-Known Member

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    I would imagine that since the shed is outside of the residence, and that there were no people present inside the shed to warrant the need of protection by deadly force, that that had a BIG part to do with the murder conviction. If the homeowner was inside the locked shed waiting that would be one thing, but the potential thief posed no risk or threat to life by stealing from a shed.

    I'm not saying he didn't deserve to be shot, but the law doesn't see it that way.
     
  8. Wegahe

    Wegahe NRA Instructor

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  9. zetor

    zetor Well-Known Member

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    So what happens when a booby trapped package that explodes and coats the thief with glitter and the thief has a heart attack out of fear or falls and breaks his leg? One of the big media outlets ran a story about some engineer who did that to thwart porch pirates. Would he on the hook for something?
     
  10. DKW

    DKW Active Member

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  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Even if the trap were sophisticated snd discriminating enough to only shoot for a "violent and tumultuous entry" into your home, which would be a textbook case of lawful use of deadly force IF you were there in person...

    ... it would still be illegal, when you're not the one assessing the situation personally and deciding to shoot.
     
  12. Bkite

    Bkite PawPaw x 3

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    Case in point. IMHO
     
  13. Bkite

    Bkite PawPaw x 3

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    I'm saying he's a thief, was warned broke in regardless and therefore got what was coming to him...problem is "law" doesn't see it that way.
     
  14. Bkite

    Bkite PawPaw x 3

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    Wasmund's defense attorneys said their client had complained of thefts on his property and suggested Spicer was there to steal. Yeah...let the law handle it. Man was protecting his property. Low life breaks law. Law is on criminal's side.
     
  15. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    0495EA23-E435-495D-AD62-51E24DC1BC5C.jpeg

    "Law is on criminal's side"???
    No, the law is on the side of reasonable human beings acting personally to stop criminals.

    Not rigging up machines and droids and robots to use deadly force against people with no "victim" or "home defender" around.

    Don't you remember how bad ED-209 failed during its demonstration for the Board of Directors in the movie RoboCop?
     
  16. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    FFBF74FD-4515-460D-9642-9A8DAF8E4F74.png 9A60A9F6-7840-4363-913D-A61E4368247B.png

    The law says while people can sometimes kill people legally, machines should NEVER be programmed to do that.
     
  17. moe mensale

    moe mensale Well-Known Member

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    If you still feel that premeditated murder is a viable strategy then you should be prepared to deal with the 3 Ss and leave the cops out of it entirely.
     
  18. Bkite

    Bkite PawPaw x 3

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    Don't know what your 3 S's are. and the guy above blathering about some robot above is trying to say, all I know is the guy had been victimized before, law didn't couldn't wouldn't deal with it, man protected his property on his property and he is convicted. Blatherer about robots insinuates that it is "reasonable" to lay the trap. I guess I'm unreasonable because I thought it was wonderful idea.
     
  19. OWM

    OWM Well-Known Member

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    3 S's. Shoot, shovel, and shut up.
    Better applied to a problem dog, bear or alligator.
     
  20. Bkite

    Bkite PawPaw x 3

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    Now that I know what your 3 s's are, I concur 100%. The justice system with all it's officers lawyers judges etc is getting worse every day....exhibit A...https://www.dailywire.com/news/wals...cebook&utm_medium=social&utm_campaign=dwbrand