| quote | In this context, "belief" and "fear" are synonymous.
And, to correct a theme of the last two pages (for the 3rd time), it is what a reasonable OFFICER would do, not a reasonable person. This is SCOTUS-decided decades ago. The distinction is very important during police shootings that are not clear-cut. |
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Except, this same "I feared for.." phrase is used in every self defense/home invasion, business robbery, road rage incidence defense shooting in America. I don't know of a single reported shooting or other defense type incidence in the last 5 years that it
hasn't been stated.
Is it a slam dunk defense and does it always work? NO. But it is being used by anyone doing anything nowadays, and is repeated by police in reference to civilian-on-civilian self defense acts and is certainly being used by attorneys in open court and in closing arguments to the jury.
It doesn't matter one bit what SCOTUS says--jurists put more weight on what they hear from testimony than on case law or legalese, regardless of what instructions a judge may give to the jury. The prosecution has to convince a jury--the defense only has to sway
[b]A[/b jurist.
If the exact wording of 'castle law' meant what some here say it does, judges would instruct juries to disregard any reference to those "I feared for my life" instances before they began deliberation. Judges don't, and they probably never will, regardless of what SCOTUS, statute law or anyone else says.
Even if they did, what has been said can't be unheard.
Those "I feared for..." words are the foundation of any self defense case. Say it, and you're half way home. Anyone that believes otherwise, has never sat on a jury or read a trial transcript.
http://www.stltoday.com/new...fc-145f3ec65594.html"Franklin County homeowner said he feared for his life before killing intruder"
https://www.americas1stfree...ner-shoots-intruder/"At that point, fearing for his life because he didn’t know if there was an accomplice in the house, he shot the intruder."
http://news.sky.com/story/p...or-his-life-10395639"A man accused of shooting dead a teenager on his front porch feared for his safety after seeing a "shadowy figure", a jury hears."
http://www.nola.com/crime/i...er_feared_for_l.html"Slidell homeowner feared for life in killing 'invincible' intruder, police say"
http://www.wfaa.com/news/lo...their-home/408056901"The homeowner said he feared for his life, according to police"
https://www.usatoday.com/st...kills-teens/8480047/"During closing arguments, the six-man, six-woman jury heard two portrayals of Smith — one a man who feared for his life.."
https://www.nationalgunrigh...902-nitro-wv-defensePolice say a homeowner in Nitro, WV feared for his life after confronting a man who crashed into his truck that was parked in the homeowner's driveway
http://america.aljazeera.co...ideshootingcase.html"U.S.REGINA H. BOONE / AP
Man accused of shooting Renisha McBride feared for his life, jury is told"
http://www.omaha.com/news/m...9e-0017a43b2370.html"By law, Nebraska residents are allowed to use deadly force during a home invasion if the person fears for his or her life. In March, a similar incident happened in the Fort Redman neighborhood. Ronald Green, then 66, had been watching the Creighton Bluejays basketball game on TV when an intruder kicked in his front door.
The suspect, Ramon R. Matlock, 19, hit Green in the face. Green shot and killed Matlock. Kleine concluded that the shooting was justified because Green feared for his life."
http://www.crimeonline.com/...uder-with-a-shotgun/"He told authorities that he feared for his life and shot the suspect for his own safety."
http://kxan.com/2015/01/05/...ath-in-south-austin/“The homeowner was alerted to the previous banging by his wife,” said Senior Police Officer Veneza Bremner. “The homeowner feared for his life and his family’s life,” said Bremner.“
http://www.breitbart.com/bi...hete-takes-away-gun/"According to Daily Mail, three suspects entered the homeowner’s covered porch, “armed with a crowbar, a machete and a shotgun.” The Sarasota County Sheriff’s Office (SCSO) said the homeowner “feared for his life,” so he retreated to his home’s interior and retrieved a machete for self-defense."
https://www.usnews.com/news...-was-in-self-defense"Brentwood Lt. Tim Herbert declined to discuss the case in detail. In California, Herbert said a homicide is legal when a victim kills because he fears for his life. "You have a right to defend yourself in your home," Herbert said."
http://www.ksat.com/news/1-...y-attempt-police-say"A south side homeowner told San Antonio police he feared for his life, and that's why he shot another man outside his home critically wounding him."
Business:
http://www.bostonwishesh.co...red-at-a-robber.html"A clerk feared for his life, and fired at a robber, who was leaving with cash, stolen from a Manchester market on 23rd January, 2017, Monday night Owner of the market, Junior Rodriguez said, “He reaching into his pocket and that’s what got me scared and afraid for my life.”
http://www.wistv.com/story/...during-armed-robbery"Cordele store clerk feared for his life during armed robbery"
http://fox40.com/2017/05/15...shot-by-store-clerk/"What you can't see or hear in the video are shots fired. Fairfield police say one of the clerks, fearing for his safety, opened fire at the would-be robber, sending him to the hospital.
Investigators say the weapon used in the attempted robbery was a BB gun. But that didn't make the situation less threatening, said Sgt. Matt Bloesch.
Bloesch said the clerk is not being charged.
"He lawfully possessed that firearm, he shot the man that was robbing his store because he feared for his life and he was defending himself, and he was defending another person," Bloesch said."
http://abc13.com/archive/8989347/"he other suspect went behind the counter and emptied the register.
The store clerk said he feared for his life."
http://www.freerepublic.com...s/news/3217972/posts"Fearing for his life, a clerk shot at two robbery suspects at a South Valley store on Monday night, according to the Bernalillo County Sheriff's Department."
http://www.msnewsnow.com/st...ed-on-murder-charges"In closing arguments defense attorney Tom Fortner said Pannu feared for his life when he saw Hawthorne reaching for what he thought was a gun."
http://www.mercurynews.com/...the-back-police-say/“Sunna believed he was about to be robbed or killed and was in fear for his life,” police said, summarizing what Sunna told detectives before his arrest."
http://miami.cbslocal.com/2...s-with-baseball-bat/"“This clerk was in danger and I know he feared for his life and didn’t know what was going to happen in this situation,” said Moss. “I think he did the right thing.”"
http://wsvn.com/news/local/...out-of-my-community/"The clerk said he feared for his life and felt forced to pull out his own gun, which caused the man to run out of the store but not before he started firin"
http://www.nhregister.com/g...kill-police-officers"“The clerk advised police that he feared for his life,” Smith said in the release."
http://www.dailybulletin.co...7-eleven-at-gunpoint"He threatened to kill the clerk if he did not hand over all the money in the register. The clerk feared for his life and complied with the robber’s demands, officials said."
Road rage:
http://www.msn.com/en-au/ne...eoZnO?refvid=AAe8qHE(You'll have to listen to the video for this one:
"September 17, 2015: The victim of a terrifying road rage attack has told how he feared for his life as his car was repeatedly rammed."
http://abc13.com/news/man-a...-the-victim/1713363/"He says it was only when he pulled into his driveway that he pulled a gun because he feared for his life."
http://www.seattletimes.com...feared-for-his-life/"“It was a total accident. I swear to God I didn’t mean for this to happen,” Torrez said in the recording. “Like they said on the news, it’s unexplainable. … But I was in fear for my life."
http://fox43.com/2017/06/21...-road-rage-incident/"Though the victim didn’t see a gun, he said he feared for his life, and slowed his car so Fitzgerald could pass. "
http://www.ksl.com/?nid=148&sid=22518985""I feared for my life. I'm 5'4" and he's 6-something � the minute it happened, I had a bad feeling," Haskell said"
http://www.wsbtv.com/news/l...e-incident/521029852"Police revealed Tuesday that they believe the man with the gun is the victim, saying he feared for his life when Ewing's boyfrind stepped out of the car."
http://news.maryland.gov/ms...-road-rage-incident/"The victim advised that while stopped at the intersection of South Tollgate and MD Rt. 24, the suspect driving the Trailblazer pointed a handgun at him. In fear for his life, the victim sped off from the intersection only to be followed by the suspect, who was continuing to operate his vehicle in an erratic manner."
https://www.local10.com/new...l-road-rage-incident"Swartzreich says Tullis feels awful about what happened but he feared for his life and had no idea what happened to Peterman until he saw it on the news."
http://www.kansascity.com/n...rticle108797992.html"Not knowing if Alsobrook was armed, Crumpton told investigators he shot at the SUV because he feared for his life."
And, it doesn't matter if the wording "fear of life" is actually included in any state's "castle law" or not. It's the 'intent' of the legislation and practical use of the law that matters. The very worst that happens is using it might make grounds for appeal easier, but not more likely.
In law precedent is everything..semantics is not. "Fear fo my life''" has already been used countless times in courts and polled juries have stated it played a big part in their decision making/deliberation process.
http://www.wmdt.com/communi...0110150275/138804462The reason he won't face charges is because Delaware state law has something called the modified Castle Doctrine, which essentially means your home is your castle. If someone unlawfully enters your property and approaches you, threatens you, endangers you, or puts you in fear of your life, you're legally able to defend yourself by discharging a firearm.http://www.wmcactionnews5.c...an-you-legally-shoot"If you are in fear of death or bodily injury, you can use a gun to defend yourself,” says gun instructor Chip Holland.
Holland says the only time you can use deadly force inside your car is if you feel personally trained. The laws do NOT protect property.
For any of it to be legal-- whether in your home or in your car-- you must fear for your life before you pull the trigger.https://legaldictionary.net/castle-doctrine/Many people across the U.S. found it difficult to understand how the case was proceeding in the face of Florida’s “Stand Your Ground” law. The law allows people, who have a reasonable fear that their lives are in jeopardy, to act in self defense – even to the level of responding with deadly force.Fla "castle law" statute:
http://www.leg.state.fl.us/...ctions/0776.013.html776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:...Texas "castle law" :
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or(
C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.As already stated, "belief and fear are synonymous".
It's not that I believe a person has no right to self defense, I in fact very much DO believe it, it's just that I firmly believe the 'fear' thing is way over used and muchly abused, and having had to shoot and often kill hundreds of people and being shot at by hundreds of adversaries on a weekly basis for 13 consecutive months, I know that fear is way overstated if not an absolute fabrication. I woulkd have to lie to use the "I feared for my life" defense, told my nephew the same thing and I'm just not going to lie to save my hide.
The only defense I need or will ever use:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.[This message has been edited by maryjane (edited 06-26-2017).]