SarcasticDwarf
Diamond Member
- Jun 8, 2001
- 9,574
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Originally posted by: RightIsWrong
Originally posted by: SarcasticDwarf
Originally posted by: RightIsWrong
Originally posted by: SarcasticDwarf
Originally posted by: RightIsWrong
Or maybe we should allow you to do what you are asking to be allowed to do. Have your wish. But if you are wrong even one time....you get put away for a 1/4 of your life expectancy. The DA can then prosecute your case, since you were so gung-ho to shoot, as felony manslaughter and should serve 20 without parole. That would be just peachy for you mandatory sentence folks that think that you can shoot anyone at anytime. At least then there would be a "deterrent" for some of you idiots.
There are two problems with this:
1) Prosecuting people for mistakes has the side effect of discouraging correct behavior.
2) Police officers kill innocent people on a fairly regular basis (happens at least once every couple of months) and are almost never prosecuted. These citizens can be considered to be acting as a sort of police officer, making them less liable for their actions.
Your first point is exactly what my point was...
Allowing people to skate without any punishment whatsoever for mistakes has the side effect of allowing some people the thoughts that they can shoot anyone at any time and just say....Oops, my bad.
You second point is something that is unfortunate, but it is also something that the shooter(s) involved are trained and when/if something like that happens, they are investigated and some sort of disciplinary action is taken (even if criminal charges aren't).
I think you missed my point. Let's say that I am in a state where CCW is legal. I catch someone in the act of raping a woman. In shooting them (killing someone committing a rape is generally legal in any state IIRC), the bullet goes through the person, but then ricochets, goes through a window some distance away, and kills someone sleeping in their bedroom. Now, what would prosecuting me do? The odds of such a thing happening are probably a million to one, but it does happen. If prosecuted, everyone else with a CCW would be far, far less likely to fire their weapon (and CCW holders almost never do as it is) because they would be afraid that despite the fact that they would save a life, they would go to prison. It would have the same effect as prosecuting everyone who got in a car accident where another person was killed (and drugs/alcohol were not involved)...nobody would want to drive.
This also gets into the second point where they are acting in the capacity of law enforcement officers.
You and I are talking about the same exact thing but from opposite sides of the fence. I believe that you have a right to do what you described. I also feel that you should not be prosecuted in some freak accident circumstance as you described but the felony in progress claim needs to be fully investigated.
However, I also feel that the idiot in the OP should be prosecuted because there was no clear danger to himself or anyone else AT THE TIME of the shooting. He was clearly sporting a Ron Jeremy size hard on thinking about his chance to get to shoot someone from the 911 transcripts.
The law in TX is poorly written so as to give unabated pathways to murder with the claim that they were witnessed committing a felony at the time. There needs to be a common sense middle ground to both sides of this equation and TX does not come close to this from the side of respect for human life and the opposite side goes to far in restricting people's rights from self defense in other states.
I agree that there needs to be a middle ground, but I think that is largely impossible to legislate. Since it is all going to depend on the circumstances, Texas has decided to take a "the homeowner is right by default and anything otherwise has to be proven." Most other states have a policy of "you have to prove that a life was in imminent danger and there was no possibility of escape." Both viewpoints are valid in their own way. One restricts the right of someone to defend themselves while the other restricts the rights of the perpetrator. How do you come to a middle ground in that? I don't think you can. You have to accept that either a few innocent homeowners die or that those committing somewhat minor crimes will die. It would be nice if we could have a single person (preferably God) preside over every case like this to be able to hand down clear, consistent rulings, but unfortunately we don't have it.
