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Message
re: John Kasich's GOP in Ohio rejects him! LMAO!
Posted on 12/28/18 at 4:49 pm to NC_Tigah
Posted on 12/28/18 at 4:49 pm to NC_Tigah
quote:
MrsSlackster is home alone in bed, hears noises, and gets a pistol at ready. She then sees an intruder whom she presumes to be a rapist at her bedroom door, and shoots the "man" as he steps toward her. Police show up, and the "man" is actually an unarmed female burglar who is a 6'1" 230# Michelle Obama look alike and has been sleeping with MrSlackster while casing his house.
Once again, this is an easy, easy, easy case for the defendant acting in reasonable belief of an imminent threat
0
Posted on 12/28/18 at 4:50 pm to SCLibertarian
quote:
Jesus Christ, how many times does this have to be explained? If you are charged with murder and later indicate to the Court, in a pleading or on the record, that you acted in self-defense, you are admitting that the act forming the basis of the charge did in-fact occur. The presumption of innocence thus becomes a moot point, since there is an admission under oath that a homicide occurred. The only question one must now ask is if there is a legal defense that excuses one from legal culpability for said homicide?
Because the Defendant is the moving party in asserting this defense, he has the burden to prove that, by a mere preponderance of the evidence, a reasonable person would fear for his or her life given the totality of the circumstances. This is not a high threshold to meet and has been the common law legal standard in this country, the UK and other Commonwealth nations for centuries.
Could not have said it better myself.
Posted on 12/28/18 at 4:51 pm to ILeaveAtHalftime
quote:
Any lawyer in the country would get the defendant acquitted under the limited facts of your hypo.
quote:No. Just adding detail, which I'll happily continue to do as long as you are disingenuous about rogue prosecutors.
So now we are changing the hypo..
quote:Burden of proof for affirmative defense notwithstanding?
Once again, utterly and completely wrong. He wouldnt have to prove anything.
This post was edited on 12/28/18 at 4:53 pm
Posted on 12/28/18 at 4:59 pm to NC_Tigah
quote:
Just adding detail, which I'll happily continue to do as long as you are disingenuous about rogue prosecutors.
Well the detail changes the evaluation, under that additional fact perhaps the DA would try to bring charges to let the court sort out the facts. Which, by the way, is the entire point.
You're constant claims about rogue prosecutors is hilarious. I've already stated that any misconduct on the part of the state is wrong, and its own legal issue. Completely separate from the possible implications of shifting the burden for affirmative defenses. You cannot assume misconduct by officers of the court when making policy. You'll never get anywhere analytically doing that.
Besides, the only evidence of rogue prosecution that you have brought to this thread resulted in the acquittal of the defendant.
ETA: We'll have to agree to disagree on this front obviously. Its weekend time.
This post was edited on 12/28/18 at 5:00 pm
Posted on 12/28/18 at 5:08 pm to Roll Tide Ravens
quote:
Kasich lacks any self awareness if he thinks he will have any sort of mass support if he runs for President in 2020.
Dude must have worse people in his ear talking him up than Bobby Jindal.
Posted on 12/28/18 at 5:19 pm to ILeaveAtHalftime
quote:Again you are being extremely disingenuous
the only evidence of rogue prosecution
Posted on 12/28/18 at 5:24 pm to Chimlim
quote:
the left loved him and thought he should be the Republican nominee.
That is when I knew he was trash!
Posted on 12/28/18 at 8:46 pm to SCLibertarian
quote:
self-defense is an affirmative defense. If it's raised by the Defendant, he or she should bear the burden of proving it.
Logically in a vacuum, I would agree but I just cannot square and reconcile this with the fact that the other side, the government, has unlimited resources, money, time and the ability to confine you to a small jail cell in their pocket. Anytime you have that much power against someone who cannot claim such advantages, you should bear the burden of proof.
Proving self defense cases in a court of law at trial is expensive as that's not something a public defender is qualified to do.
This post was edited on 12/28/18 at 8:48 pm
Posted on 12/28/18 at 10:10 pm to ILeaveAtHalftime
quote:
the prosecutor is not the arbiter of what is fact
Noe did I say he is the arbiter of what is fact.
You're claiming this will make it impossible to prosecute murder and I'm saying that's horeshit if the facts point to murder.
So again, if you don't have the facts to substantiate a murder case you shouldn't be prosecuting the case.
This post was edited on 12/28/18 at 10:11 pm
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