Life imprisonment for Self Defense

[Zephirius]

"But he also said Brooks sealed his fate long before the shooting. Brooks liked to flash a gun, deal drugs and act like "a wannabe gangster," Francis said."

Now normally, I would say something like "Being imprisoned for self defense is bullshit, and this is why I advocate lying to the police at all times, as they are never there to help you."

However, this man was clearly a ****.
Therefore, I have no problems with him spending the rest of his life in prison.

As a matter of fact, I would like to put forth the notion that all "gangstas" be arrested and locked away for good.

Compassion just flows out from you, doesn't it.

Personally, I think this guy is a fucking idiot, and he earned his life in prison by being stupid enough to shoot to kill at people he "considered friends". Is it rightful justice? Mostly. Does he deserve it? Based on what we know of his personality, it was only a matter of time, so yes, I guess. If you're doing well enough for yourself that you're studying law you shouldn't still be involved with the seedy gunz-'n-drugz underworld.

Wow, I forgot to post this when I typed it last night. Time to post then.

 

[Rolling Thunder]

"But he also said Brooks sealed his fate long before the shooting. Brooks liked to flash a gun, deal drugs and act like "a wannabe gangster," Francis said."

Now normally, I would say something like "Being imprisoned for self defense is bullshit, and this is why I advocate lying to the police at all times, as they are never there to help you."

However, this man was clearly a ****.
Therefore, I have no problems with him spending the rest of his life in prison.

As a matter of fact, I would like to put forth the notion that all "gangstas" be arrested and locked away for good.

My name is Fondant and I support this message.

 

[Crash486]

Technically, killing in self defense is only legal if you are going to be killed as well. In other words, if they didn't have guns, he shouldn't have shot them with a gun.

I don't think that's actually true. I'm not sure what the law states about apartment complexes, but I'm pretty sure if someone is trespassing on your property you have the right to shoot them, regardless if they are armed or not.

It is in Ohio at least. Look at the case in Texas from a year or so back. Guy shoots someone who is running away after stealing his stuff, kills him, and there was a big controversy. In TEXAS! They're the most gun happy state in the U.S. (or so I've heard).

I live in Texas, I remember that case. The controversy was that the guys were stealing his neighbors stuff not his. He calls 911, tells them 2 people are stealing his neighbors stuff, 911 tells him to stay put, he says "sorry i can't," goes outside with a shotgun, and takes them both out.

On the one hand the 2 he killed were robbing his neighbors house, but on the other hand it wasn't self defense and no amount of stuff is ever worth a human life. I don't remember what happened to the guy, I think the case got thrown out if I'm not mistaken.

 

[Martymer]

I know a thing or two about the Swedish law regarding self defense, and it seems to me like the only real difference between that and the Californian equivalent is the sentences you get for going too far. In my opinion, that's really they only thing wrong here; the sentence. In Sweden, he'd get maybe 10 years.

Was it self defense? Based on the article, I'd say no. He went to the bedroom, (as I understand it) without being followed (I doubt that he'd have been able to grab a gun with four guys trying to prevent him from doing so). Instead of calling the cops from there, he got his gun out, and went back to the others. What were his intentions at this point? Maybe to threaten them and get them to leave, sure, but if he had decided to actually kill them if they didn't leave, then I'd say it was premeditated murder. If he had fired a warning short (which he did), and then, when they proceeded to attack him, ONE round in someone's leg, and then wait to see how they reacted, then it would be a different thing. They might have run away once they realized he actually meant business. Or they might have kept coming, in which case I'd say "go nuts". I mean, then there's no question about their intent. They're so determined to harm him that they don't even care if they get shot! THAT would be self defense.

But, he unloaded the gun right after the warning shot, and he immediately went for lethal shots. That suggests that he made the decision to kill them before he was in any real danger. "One warning shot, and if they don't leave, kill them." Whether it was a decision made a minute before the shooting, or a day before, is irrelevant (here, anyway). Arguing that it should be relevant in this case because they were actually in his home seems pointless if there is no Castle Law.

How the hell does that work, anyway? A guy breaks into your home, you grab him and show him to the door, and he charges you with assault because your grip left some bruising on his arm?

So from my understanding of the situation and the applicable laws, which I know may not be accurate, I think he should go down for murder one. I think the sentence is ridiculous though, considering the circumstances, but that's just my opinion.

 

[WinkyTheGreat]

Technically, killing in self defense is only legal if you are going to be killed as well. In other words, if they didn't have guns, he shouldn't have shot them with a gun.

I don't think that's actually true. I'm not sure what the law states about apartment complexes, but I'm pretty sure if someone is trespassing on your property you have the right to shoot them, regardless if they are armed or not.

It is in Ohio at least. Look at the case in Texas from a year or so back. Guy shoots someone who is running away after stealing his stuff, kills him, and there was a big controversy. In TEXAS! They're the most gun happy state in the U.S. (or so I've heard).

I live in Texas, I remember that case. The controversy was that the guys were stealing his neighbors stuff not his. He calls 911, tells them 2 people are stealing his neighbors stuff, 911 tells him to stay put, he says "sorry i can't," goes outside with a shotgun, and takes them both out.

On the one hand the 2 he killed were robbing his neighbors house, but on the other hand it wasn't self defense and no amount of stuff is ever worth a human life. I don't remember what happened to the guy, I think the case got thrown out if I'm not mistaken.

That's right. My mistake.