Wednesday, October 5, 2016

FEATURE ARTICLES. SELF- DEFENSE, AND STAND-YOUR GROUND LAWS. PT 3.


FEATURE ARTICLES.

SELF- DEFENSE, AND STAND-YOUR GROUND LAWS.  PT 3.
The real danger of recent Court Decisions, is how juries are interpreting Stand- Your Ground Laws, and the precedent it creates.
Are we now living in a country that allows Bigotry, Racism, and other immoral and irrational mindsets as an excuse to commit murder.

Consider, the following two statements;

- The Use of Deadly Force is justified, if a Reasonable Person believes that their life or the life of another, is in immediate danger.

- If the individual believes that their life, or the life of another is in immediate danger, Deadly Force is allowed under the law.

Now, they seem on the surface, to say the seem thing.  However, there is a major difference, and it must be addressed.

In the first example, the word Reasonable is used, so Deadly Force must be justified by what a normal and rational person would do, given the same circumstances.  In practice, this is usually measured by the Actions, Demeanor and Physical Threat that the attacker has exhibited during the altercation.  In other words, the victim had no other choice, and behaved appropriately.

However, the second example removes the word Reasonable. This allows the Defense to claim that the personality and belief system of someone using Lethal Force, be the deciding factor for justifying Self- Defense.

This creates the following;  What if someone holds an Irrational view of different categories of people, that is not grounded in fact and is Demonstrably false. These opinions are contrary to what a Reasonable person would believe, for they are purely subjective in nature. These World Views are products of Hate, Prejudice and Preconceived ideas about others.

If these views are considered valid, in terms of arguing Self- Defense, and the individual...
                           
  • ...believes that certain Ethnic and Racial groups are always armed and looking for an excuse to kill.
  • ...associates Members of Certain Religions with Terrorism.
  • ...is of the opinion that Sexual Orientation makes some people unable to control their behavior.

... then they are justified in using Lethal Force, BECAUSE OF THE BELIEF THAT THEIR CONCLUSIONS ARE TRUE, REGARDLESS OF THE REASONING THAT UNDERLINES SUCH JUDGMENTS. 

If such a Defense is allowed to stand, then we have given every Hate Group a license to kill.

Date-  6/15/2014.