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re: Deputies Try To Kill Pitbull, Kill a Teen
Posted on 6/23/17 at 11:43 am to DawgsLife
Posted on 6/23/17 at 11:43 am to DawgsLife
quote:
I have seen women make an argument that a woman dressed scantily and in a bar getting drunk should not be raped. They are correct. They should not be. However, you increase you chances of it if you dress provocatively and put yourself in a dangerous situation.
That's a false analogy. If I rape a woman, and I try and argue that she was scantily clad and asking for it, it is likely inadmissible as evidence and certainly not an affirmative defense or legal cause for justification.
On the contrary, courts and prosecutors have allowed the subjective fears of individual officers, even those that are irrational, to justify homicide. There is a big difference between these two situations.
Posted on 6/23/17 at 11:45 am to SCLibertarian
quote:
On the contrary, courts and prosecutors have allowed the subjective fears of individual officers, even those that are irrational, to justify homicide. There is a big difference between these two situations.
We've interpreted "reasonable fear" to be "here's the reason they were scared." They aren't the same. French at National Review did a follow up piece on the Castile verdict that covered this nicely.
Posted on 6/23/17 at 11:47 am to SCLibertarian
quote:
That's a false analogy. If I rape a woman, and I try and argue that she was scantily clad and asking for it, it is likely inadmissible as evidence and certainly not an affirmative defense or legal cause for justification.
I wasn't arguing the legality of it. I was saying when you do certain things some unintended and bad things happen. Not because the person deserves it, or did anything wrong.
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