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- Xref: sparky talk.abortion:35749 misc.legal:17002
- Newsgroups: talk.abortion,misc.legal
- Path: sparky!uunet!tijc02!pjs269
- From: pjs269@tijc02.uucp (Paul Schmidt)
- Subject: Re: Killing in defense of possessions?
- Message-ID: <1992Sep9.151815.23492@tijc02.uucp>
- Organization: Advocates for Self-Government - Davy Crockett Chapter
- X-Newsreader: Tin 1.1 PL4
- References: <1992Sep8.213149.16287@eff.org>
- Date: Wed, 9 Sep 92 15:18:15 GMT
- Lines: 42
-
- mnemonic@eff.org (Mike Godwin) writes:
- : "'Reasonable belief' means a belief that would be held by an ordinary and
- : prudent man in the same circumstances as the actor."
- :
- : >That is, would Texas courts hold Paul's belief to be
- : >reasonable, because of his emotional context, or would it require the
- : >"reasonable person" standard, that cared nothing about Paul's grandma?
- :
- : A jury would have to find that Paul's belief, under the circumstances,
- : was a belief that an ordinary and prudent man in the same circumstances as
- : Paul would hold. Absent a specific connection between Paul's
- : grandmother's death and the particular circumstance in which Paul
- : used deadly force, it would be unlikely that a Texas jury would hold
- : Paul's belief, in the hypothetical case he described, to be reasonable.
-
- Since other people are talking about what I believe, I would like to
- state it specifically. If I found an intruder in my home, I would
- assume that he/she was a threat to me or my family. If they ran the
- other direction, even if they had some of my possessions, I most likely
- would do nothing. If the intruder made threatening moves or did not
- leave, I would use force I thought necessary to protect myself or my
- family. If the burglar was unaware, I would probably protect myself and
- my family first, but it would depend on the circumstances.
-
- I question Mike's assertion that it would be unlikely that a Texas jury
- would hold my belief to be reasonable. There are two ways I could be at
- such a trial. One is that I could be on trial, and the other could be
- that I was on the jury! If I were on the jury, then my belief would
- become the reasonable belief that would find someone in this
- hypothetical case innocent. Since there are 12 people on a jury it is
- likely that at least one of them knows someone who was a victim of a
- violent crime.
- : --
- : Mike Godwin, |"The meeting of two personalities is like the contact
- : mnemonic@eff.org| of two chemical substances: if there is any reaction,
- : (617) 864-0665 | both are transformed."
- : EFF, Cambridge | --Carl Jung
- --
- Paul Schmidt: Advocates for Self-Government, Davy Crockett Chapter President
- 706 Judith Drive, Johnson City, TN 37604, (615)283-0084, uunet!tijc02!pjs269
- "Freedom seems to have unleashed the creative energies of the people -- and
- leads to ever higher levels of income and social progress." -- U.N. report
-