Forum Post: Stand Your Ground Law Could Be Used Here...
Posted 11 years ago on June 16, 2012, 6:42 a.m. EST by secnoot
(-14)
This content is user submitted and not an official statement
In Texas, a man beat the molester of his child to death. Here is an example of where the stand your ground law could be used correctly. He could have just taken his four year old child away from the attacker and reported the problem, but he stood his ground and took care of the problem on the spot.
Should he be charged with murder?
http://www.latimes.com/news/nation/nationnow/la-na-nn-texas-killing-20120612,0,5906401.story
I'm not sure it matters, but without a weapon does stand your ground even apply? The father found the two acted in the heat of the moment. Even if he went home thought about it stalked the abuser and killed him, I doubt you'd ever find a jury that would convict the guy.
He had to use some kind of weapon, even if it was his hand, or the alternative would be he stared him to death.
I'm not a lawyer, I don't know if your hands are considered a deadly weapon if you haven't had any kind of training.
The best weapon you have is between your ears.
True enough for some.
I am not sure what you are saying. Are you complaining about not being armed with the best weaponry available to some?
No complaint, just an observation on what you said. For some people the best weapon is to use their intelligence. There are too many, unfortunately, for whom the brain is an unloaded weapon.
As far as this incident is concerned I don't know how hands are classified in law, if you have no training on how to fight.
Fair enough. I was not making a case that hands could be legally classified as weapons, I was just trying to say that there are more items than guns that could be considered weapons.
I knew they could in cases involving people that have had training, I'm not sure if someone that has no training and get in a few punches to the head and kills someone is considered to have used a deadly weapon, in the legal sense. Not that it would matter to the deceased.
a camera is not one of them
No, she means she owns a shotgun and a guard dog which can both do more immediate damage than your telekinetic skills, and she finds the weapon between your legs more powerful than the one between your ears.
[Removed]
A weapon is an armament, a tool, or an instrument. Hands and feet are technically, not weapons.
A black belt in karate can be charged with assault with a deadly weapon for using their skills against an unarmed person.
That is a myth. If that same person put their hands in their pockets - are they now carrying a concealed weapon?
That has nothing to do with the point I was trying to make. The point is still sound.
Maybe you need to restate your point. I'm going to assume that I didn't understand it. If your point was that "black belts" are treated differently by the courts, then you're wrong. The first problem with that is that there is no standard for a black belt. I can show you 3rd graders that have black belts in Tae Kwon Do and grown men who have studied Aikido for 6 or 8 years and still have not achieved the rank of black belt. So when that 3rd grader stops training, and grows up - is he still held to a different standard because he was a black belt as a child? What about the grown adult you trained much longer and much harder than the 3rd grader - does he get a pass because he doesn't have a black belt?
Shadz actually has it right. If a person attacks someone who happens to have a "black belt" and that attacker gets their ass kicked, then they simply messed with the wrong person. If ANYONE takes self defense beyond the point of defense and the become the aggressor in the incident they can be charged criminally - it doesn't matter whether they are trained or not.
I promise you, there is no place to "register your hands as lethal weapons," people with martial arts training aren't prosecuted by the law differently, and hands are not weapons.
Now, if you were making some other point - please make it again so we can discuss it.
Fine, you win, no hand weapon thing.
Any person using violence of any kind against another person without good reason can be charged with assault. If I punched you with a crappy untrained punch technique and broke your nose for no reason, you could charge me with assault. If a person uses his black belt karate skills to protect his life then he will be able to plead self defense. The problem occurs when he uses unnecessary extra force, a problem that affects everyone not just our hypothetical karate kid.
You, on the other hand, have made a comment that supports my point.