Dr Oadi said:
Henry Ford said:
I find it hard to fathom that people assume that the homeowner is a liar and a murderer here, when the person shot is described by his own family as a career criminal by age 14 who's committed multiple thefts and burglaries and who left his house to take out the trash, according to his mother, at 10 pm and just never came back in, and was actively committing a crime at the time he was shot. Why is the immediate assumption "well, that homeowner sure made some bad decisions!" When there are perfectly reasonable and rational reasons for him to have done what he did, including his own story of what happened?
I don't the homeowner is a murderer, and I have no reason to think he is a murderer. I think in all likelihood he acted in accordance with LA castle law and this will be ruled justifiable homicide. I don't think it can be ruled self-defense as he wasn't being attacked and really was not defending his person.I think our laws allow and in turn almost advocate a "shoot first" approach to these situations. I think if our laws changed to make it harder to have a situation such as this ruled a justifiable homicide, then maybe this guy Landry would not have shot as quickly as he did.
I think the kid put himself in a situation where he could get shot. I certainly don't think he is without blame.
This thinking gets under my skin. Not only do I have fear if confronted by a would be attacker this line of thought should get me not only to worry about what this guy will or won't do but have in the back of my mind If I kill or harm this person society is going to send me to prison. That is just well ####ed up.
Having to be confronted with the thought that you might go to prison for shooting and possibly killing another human being who is not attacking you is too much for you to think about? Could I suggest not going around killing people then? Maybe waiting until you are actually attacked if you want to use self-defense as your reason?
If you want to wait for someone to shoot you so you can be "attacked", its kinda hard to defend yourself. Nothing legally requires you to be physically attacked before you can defend yourself. I have no sympathy for criminals coming under fire while committing crimes. Occupational hazard. If more criminals feared their potential victims, there would be a whole lot less overall crime.
You don't consider someone raising a gun at you being attacked? Or showing a gun in this situation?
My point remains, if you can't deal with the fact that killing someone, even if you think it's justified, might bring about some negative consequences, then maybe you don't need to go around shooting people. The shooter is almost always exonerated in this country because are laws are worded to give weight to the shooter's fear (IE reasonable belief life might be in danger). That's a huge departure from actually being attacked and your life actually being in danger (as it would be if someone pointed a gun at you). They include the "reasonable belief" to account for the unloaded gun scenario, meaning the mindset of the shooter is actually given preference over the reality of the event. Fine.
But it seems you're saying you find even this too limiting, as certain circumstances (the kid being unarmed in this case) could lead a jury to decide that the HO's belief that his life was in immediate danger, to be unreasonable.
Waiting to see something that confirms suspicion of a threat <> waiting to be fired upon. Not a huge difference, but enough to at least be a little more sure that the homicide you are about to commit is justified.
I mean, what would have happened in this specific case if the HO had waited that extra split second to see if the kid pulled something from his waistband? It would not have endangered the HO's life any further than it was already in danger. There is a strong possibility that he would not have shot the kid, would not be facing murder charges, and the kid would have run off.
I think the true litmus test in this thread is this question: Is the world a better place for this HO having shot the kid, or would it be a better place if he had not shot the kid.
I'm going to say the latter because I think the HO suffers far more, and I don't think death or near-death is a punishment that fits the crime that was likely taking place.