Florida, where murder is legal
sliqua-jcooter wrote:
Tadzio wrote:
sliqua-jcooter wrote:
Dox47 wrote:
I'd rather take an arrow than a bullet any day, even in the knee. Arrows don't pack hydrostatic shock like bullets, they only damage what they strike directly. These are the kinds of things you learn when you study terminal ballistics... ; )
OK - so lets leave the bullets vs arrows discussion to another thread, as it's completely irrelevant to the discussion in every way.
Hi sliqua-jcooter,
A creepy aspect to the preamble of SYG is the "we the inside people" versus "those outside people", with the inhospitality and brutal acts to be committed against "outsiders", with otherwise self-righteous immunity, as if the "inside" communities involved were Sodom & Gomorrah. So I wonder if the NRA & Trendies are ready for another manifestation of plagues or an abrupt event or two. Maybe that's why the GOP had the dead NRA Heston pretend Moses eerily sorta switch sides the last election: http://www.youtube.com/watch?v=mopkn0lPzM8[youtube]http://www.youtube.com/watch?v=mopkn0lPzM8[/youtube]
"The Right Not To Stand Trial" is at the end of the paragraph:
High Citizens Of The Cities On The Plain? wrote:
In 2005, the Florida Legislature passed a statute granting immunity under certain conditions of self-defense. The law reads, “[a] person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.” § 776.032, Fla. Stat. (2006). The preamble to the legislation declares, “it is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action.” Ch. 2005-27, at 200, Laws of Fla. (emphasis added). As the first district wrote, “[t]he wording selected by our Legislature makes clear that it intended to establish a true immunity and not merely an affirmative defense.” Peterson, 983 So.2d at 29. The essence of true immunity means that a person entitled to it should not have to face prosecution at all. Where it applies, this type of immunity means that a defendant has a right not to stand trial.
http://caselaw.findlaw.com/fl-district- ... 83559.html
The "ON REMAND FROM THE SUPREME COURT OF FLORIDA" is at:
http://www.4dca.org/opinions/Aug%202011 ... 371.op.pdf
The case, in hindsight at least, was foreboding:
HAZOURI and DAMOORGIAN, JJ., concur.GROSS, C.J., concurs specially with opinion.GROSS, C.J., HAZOURI and DAMOORGIAN, JJ., concur. wrote:
Govoni is a retiree with no criminal past who lives in a residential community in Boca Raton. He is the president and authorized agent of the community association.
Govoni has been charged with five counts of aggravated assault with a firearm and improper exhibition of a dangerous weapon. The charges arose out of Govoni's encounter with five young men. Govoni says he held his “unloaded gun in his hand” to protect himself from “dope smoking trespassers.” Relying on the statements of the victims, the state's version casts Govoni in a different light.
Govoni filed a rule 3.190(c)(4) motion to dismiss based on section 776.032. The state filed a traverse and argued that there were disputed factual issues as to whether there could be a reasonable belief that Govoni's use of force was necessary under the circumstances. See § 776.031, Fla. Stat. (2008).
Govoni has been charged with five counts of aggravated assault with a firearm and improper exhibition of a dangerous weapon. The charges arose out of Govoni's encounter with five young men. Govoni says he held his “unloaded gun in his hand” to protect himself from “dope smoking trespassers.” Relying on the statements of the victims, the state's version casts Govoni in a different light.
Govoni filed a rule 3.190(c)(4) motion to dismiss based on section 776.032. The state filed a traverse and argued that there were disputed factual issues as to whether there could be a reasonable belief that Govoni's use of force was necessary under the circumstances. See § 776.031, Fla. Stat. (2008).
In the present case, the dead victim issued no statement, and the previous canon of Western Law involving evidence & the to be assumed testimonies as if surviving for evidences from victims has been abolished by the Neo-Fascists under the banner of Neo-Conservatives.
Tadzio
See the SelectedWorks of Elizabeth B. Megale, April 2010
"Making Murder Legal: How Laws Expanding Self-Defense Allow Criminals to 'Get Away with Murder'":
http://www.google.com/search?sourceid=c ... +Torres%22
Other than that bit about the preamble to the SYG law (I don't understand what you're referencing specifically), which I assume is tangential to the larger point, I absolutely agree with this. Full post to follow.
OK, so - as my understanding of both the incident in question, and the relevant law has evolved, I've come to several realizations that have changed my opinion on several issues.
First of all, with regards to the specific incident with Zimmerman, I can no longer definitively state that I believe Zimmerman was in the wrong here. The longer this goes on, the more facts seem to come trickling out that seem to support the notion that Zimmerman acted in self-defense. Having said that, the media has done a fantastic job of blurring the line between fact and rumor to the point that it's no longer possible to clearly tell the difference.
Secondly, while I still wholeheartedly support the legal theory of "stand your ground" and the Castle Doctrine, the implementation of the immunity from prosecution statute in Florida and other states is so misguided, it's really quite difficult to overstate the destructiveness of this statute to the US legal system as a whole.
The OP of this thread may have been attempting to sensationalize their point in their choice in subjects for the topic - but the reality of the situation really isn't that far off from what they describe - it is indeed possible to murder someone then claim self defense, and barring physical evidence to the contrary (forensics, surveillance camera, etc), actually get away with it. Not just possible, but rather trivial.
As someone who carries a gun to protect myself from *exactly* this kind of occurrence, I must say that I'm rather offended that such a heinous law be passed in the name of my protection. I am going to urge everyone I know that legally carries a weapon to take a good long look at the ramifications of this law, and work to get it repealed in every state that it's passed in.
Hi sliqua-jcooter,
The website keeps going on & off the "cloud" right-now, but as a Jeffersonian theoritical:
Since the victim is dead, and the potential defendant is alive, by using parts of the legal logic of Thomas
Jefferson for evidence of intent/rights for the unavailable person to assert (seems like it was included in the LOA edition of his works), the victim, being dead, had perfect
cause to fear for his life and was justified with rights by Florida law to use deadly force with impunity, rights which
were deprived the victim by the defendant, who by remaining alive, had a lesser degree of justifiable
fear for his life than the victim. Under equality of all laws, the victim's rights were violated by the
defendant. Under general guideline instructions, as if interchangeable for both being possible victim/defendant, what's right and what's wrong with this logic?
FSU library's copy of instructions, pages 7-: http://www.law.fsu.edu/library/flsupct/ ... 09-622.pdf
Both could utilize the "Stand Your Ground" addition/modification, and refuse to change their paths from crossing and/or meeting.
Tadzio
Oodain wrote:
true but between the two there is a shock channel creatyed by the vast difference in pressure over a very very short time
Yeah, that's the hydrostatic shock I mentioned earlier. It's basically a sonic boom being created within the body, but because the body is a liquid media the speed of the shockwave is actually much faster than it would be in air and can shatter bone and damage organs some distance from the actual wound itself. This is partially why head wounds are so traumatic, the brain does not have any place to expand to when struck by a supersonic projectile and quite a bit more pulping type damage is done by the shockwave of the bullet than is actually caused by it's physical passage. You can also have internal ricochets and frangible rounds that break apart after penetration causing sub-injuries, so the entry wound and exit wound(s) may even be in radically different places. The JFK assassination is a perfect example of this, where you had one bullet striking and ricocheting multiple times, leading the misinformed to dub it the "magic bullet" as they doubted the ability of a single round to cause quite so many injuries.
Expanding projectiles are often misunderstood, as though expanding to create a larger wound channel is part of the design criteria, these days the reduction in overpenetration caused by a mushrooming projectile is nearly as desirable as the greater stopping power of such a bullet design. Most police departments, for example, switched to hollow points after shoot through incidents when jacketed rounds went clean through their intended targets and injured innocents some distance away, notably the NYPD. Better energy transmission also means more knockdown power and less need for follow up shots, and anything that reduces the number of times officers have to shoot is a positive development.
I don't think there even is an exploding projectile on the civilian market, they're not terribly effective compared to modern hollowpoint designs and always had reliability and accuracy issues. Reagan was shot with a round marketed as explosive if I recall; the bullet struck a bone and it sort of rocketed rather than exploding when it's structural integrity was damaged with the strike. Lucky for him, as he was struck fairly close to the heart and a more reliable round might have done him in right then.
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LKL wrote:
PM wrote:
LKL wrote:
a young man ws recently brought into my ED after having been shot by the local PD. I didn't see this one myself, but the RN/MICN who helped the EMTs when he first arrived described him as being 'slick with pepper spray, with multiple sets of tazer prongs, and one gunshot to the chest.' He arrived in a pool of blood (the transport guerneys are somewhat concave) and essentially already dead.
Did the RN give anymore details than that? For all she knew, the guy could have been under the influence of PCP.
I got more of an impression of 'suicide by cop.' It was totally a legitimate shooting - I didn't bring it up to compare it to Trayvon's murder, but to point out that even the police don't necessarily unload on someone with a gun as their first, second, or third options.
On the other hand, catching flak from ret*d security guards is still dull routine for me. There is nothing I hate more than a complete idiot who thinks he's God's own gift to the law.
puddingmouse wrote:
Cornflake wrote:
Dox47 wrote:
Cornflake wrote:
^^ *nods*
Just to follow up (since my dander is up), as a UK citizen you may recall that you lost your own gun rights one tragedy at a time. Every single major restriction came on the heels of some tragic shooting, with emotional appeals being used to override people's normal considerations and thought process.Our keepers tend to play the same game with almost anything serious enough to make a bandwaggon from to help garner a few votes or win tabloid newspaper support. Actual and worthwhile benefits from this nonsense rarely materialise; usually it's just more restrictive legislation where it wasn't required in the first place.
I'm mildly curious and would like to handle some real guns, just for the experience - but any sort of competitive sport sails way over my head, we're a bit short on huntable wildlife around here, and we have no need for guns as a means of personal defence in the UK, so...
But, if I was one of the many people who were unnecessarily restricted still further in the pursuit of their fully legal interests as a result of an emotional response to Dunblane/Hungerford etc, then I would be extremely pissed off.
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JeremyNJ1984
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Cornflake wrote:
puddingmouse wrote:
Cornflake wrote:
Dox47 wrote:
Cornflake wrote:
^^ *nods*
Just to follow up (since my dander is up), as a UK citizen you may recall that you lost your own gun rights one tragedy at a time. Every single major restriction came on the heels of some tragic shooting, with emotional appeals being used to override people's normal considerations and thought process.Our keepers tend to play the same game with almost anything serious enough to make a bandwaggon from to help garner a few votes or win tabloid newspaper support. Actual and worthwhile benefits from this nonsense rarely materialise; usually it's just more restrictive legislation where it wasn't required in the first place.
I'm mildly curious and would like to handle some real guns, just for the experience - but any sort of competitive sport sails way over my head, we're a bit short on huntable wildlife around here, and we have no need for guns as a means of personal defence in the UK, so...
But, if I was one of the many people who were unnecessarily restricted still further in the pursuit of their fully legal interests as a result of an emotional response to Dunblane/Hungerford etc, then I would be extremely pissed off.
I have occasionlly gone shooting with my dad at a range...you basically need to have safety training before even picking up a gun and their is a whole technique for gripping ( to prevent recoil) and loading the gun, pointing the gun when not firing, cocking, and cleaning. But after that its pretty simple...the only thing is, its LOUD. Not like the movies.
Kraichgauer
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JeremyNJ1984 wrote:
Cornflake wrote:
puddingmouse wrote:
Cornflake wrote:
Dox47 wrote:
Cornflake wrote:
^^ *nods*
Just to follow up (since my dander is up), as a UK citizen you may recall that you lost your own gun rights one tragedy at a time. Every single major restriction came on the heels of some tragic shooting, with emotional appeals being used to override people's normal considerations and thought process.Our keepers tend to play the same game with almost anything serious enough to make a bandwaggon from to help garner a few votes or win tabloid newspaper support. Actual and worthwhile benefits from this nonsense rarely materialise; usually it's just more restrictive legislation where it wasn't required in the first place.
I'm mildly curious and would like to handle some real guns, just for the experience - but any sort of competitive sport sails way over my head, we're a bit short on huntable wildlife around here, and we have no need for guns as a means of personal defence in the UK, so...
But, if I was one of the many people who were unnecessarily restricted still further in the pursuit of their fully legal interests as a result of an emotional response to Dunblane/Hungerford etc, then I would be extremely pissed off.
I have occasionlly gone shooting with my dad at a range...you basically need to have safety training before even picking up a gun and their is a whole technique for gripping ( to prevent recoil) and loading the gun, pointing the gun when not firing, cocking, and cleaning. But after that its pretty simple...the only thing is, its LOUD. Not like the movies.
The few times I've gone shooting, my friends and I had always worn ear plugs. Even then, the gun blast was super loud!
-Bill, otherwise known as Kraichgauer
simon_says wrote:
I fired a 50 caliber Desert Eagle once. IIRC. Might have been the smaller one. Big boom. If you fire that to defend your home, you'll be doing some home repair.
Those things are just for show offs and fools. Lots of power, but the recoil is pretty hefty and the magazine isn't exactly huge. You'd be better off with a .45 ACP 1911 or a good 'ol fashioned Colt .357 revolver.
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abacacus wrote:
simon_says wrote:
I fired a 50 caliber Desert Eagle once. IIRC. Might have been the smaller one. Big boom. If you fire that to defend your home, you'll be doing some home repair.
Those things are just for show offs and fools. Lots of power, but the recoil is pretty hefty and the magazine isn't exactly huge. You'd be better off with a .45 ACP 1911 or a good 'ol fashioned Colt .357 revolver.
A Desert Eagle is more of a "fun gun" or a hunting pistol than for anything else.
I ran a mag through someone else's and the recoil didn't seem much heavier than a .44 magnum revolver.
Raptor wrote:
A Desert Eagle is more of a "fun gun" or a hunting pistol than for anything else.
I ran a mag through someone else's and the recoil didn't seem much heavier than a .44 magnum revolver.
.44 Magnum is much the same as a D.E., great for down at the range or hunting but not much for self defence (if you're running magnum rounds through it anyway).
Just... too big and unwieldy.
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A shot gun blast into the face of deceit
You'll gain your just reward.
We'll not rest until the purge is complete
You will reap what you've sown.
abacacus wrote:
Raptor wrote:
A Desert Eagle is more of a "fun gun" or a hunting pistol than for anything else.
I ran a mag through someone else's and the recoil didn't seem much heavier than a .44 magnum revolver.
.44 Magnum is much the same as a D.E., great for down at the range or hunting but not much for self defence (if you're running magnum rounds through it anyway).
Just... too big and unwieldy.
U have much experience with them?
sliqua-jcooter
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abacacus wrote:
Raptor wrote:
A Desert Eagle is more of a "fun gun" or a hunting pistol than for anything else.
I ran a mag through someone else's and the recoil didn't seem much heavier than a .44 magnum revolver.
.44 Magnum is much the same as a D.E., great for down at the range or hunting but not much for self defence (if you're running magnum rounds through it anyway).
Just... too big and unwieldy.
If someone pointed a D.E at me in an alley and demanded my cash - I'd probably be too busy laughing at them to hand them my wallet.
I have always said that a D.E. will be my symbol of extraordinary wealth. Gold plated. With tiger stripes.
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abacacus wrote:
Those things are just for show offs and fools. Lots of power, but the recoil is pretty hefty and the magazine isn't exactly huge. You'd be better off with a .45 ACP 1911 or a good 'ol fashioned Colt .357 revolver.
Heh, I have all three, though my Desert Eagle is a .44 Mag and my .357 is a Smith and not a Colt. My 1911 does have some nifty smiley face grips on it that I made when I was the Comedian for Halloween a few years back though, those raise some eyebrows.
The DE is purely for range and woods use, it makes a really big bang and puts large holes in things with considerable accuracy and is just plain fun to shoot, plus it always gets attention when I break it out at the range. Everyone sees the things in movies and get the wrong ideas that it's some sort of supergun or the choice of gangsters and such when in reality it's so large and unwieldy that it would be nearly useless as a defensive weapon, sort of like the .500 S&W. Mine isn't tiger striped Titanium, but a more restrained polished hard chrome that I went for because the DE uses direct gas impingement as an operating system and that's notoriously dirty, and I wanted a finish tough enough to withstand some rough scrubbing and still look nice afterwards. It's like the Italian sports car of handguns; gorgeous to look at and lots of fun, but maintenance intensive and finicky about what goes into it. You pretty much have to roll your own rounds if you have the .44 version as it's pretty tough to find jacketed rounds that are also hot enough to reliably cycle the action; everything I put through mine is +p+ specced.
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Last edited by Dox47 on 27 Mar 2012, 4:17 pm, edited 1 time in total.
sliqua-jcooter
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Dox47 wrote:
abacacus wrote:
Those things are just for show offs and fools. Lots of power, but the recoil is pretty hefty and the magazine isn't exactly huge. You'd be better off with a .45 ACP 1911 or a good 'ol fashioned Colt .357 revolver.
Heh, I have all three, though my Desert Eagle is a .44 Mag and my .357 is a Smith and not a Colt. My 1911 does have some nifty smiley face grips on it that I made when I was the Comedian for Halloween a few years back though, those raise some eyebrows.
The DE is purely for range and woods use, it makes a really big bang and puts large holes in things with considerable accuracy and is just plain fun to shoot, plus it always gets attention when I break it out at the range. Everyone sees the things in movies and get the wrong ideas that it's some sort of supergun or the choice of gangsters and such when in reality it's so large and unwieldy that it would be nearly useless as a defensive weapon, sort of like the .500 S&W. Mine isn't tiger striped Titanium, but a more restrained polished hard chrome that I went for because the DE uses direct gas impingement as an operating system and that's notoriously dirty, and I wanted a finish tough enough to withstand some rough scrubbing and still look nice afterwards. It's like the Italian sports car of handguns; gorgeous to look at and lots of fun, but maintenance intensive and finicky about what goes into it. You pretty much have to roll your own rounds if you have the .44 version as it's pretty tough to find jacked rounds that are also hot enough to reliably cycle the action; everything I put through mine is +p+ specced.
On the plus side - you save a fortune by rolling your own & reloading.
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