Active Users:1222 Time:22/11/2024 03:38:04 PM
Back to Messageboard Post New Thread Search Help Stats Rules
It is a tough legal argument but it can occur. HyogaRott Send a noteboard - 12/07/2013 01:24:11 AM

A punches B
B beats up A
A ceases fighting
B does not stop
by not stopping B has become the aggressor
A can now attempt a self-defense justification on lethal force to stop B's assault.

-This does not absolve A of the initial criminal assault however, there is simply now 2 criminal assaults that have occurred; one by A and one by B.

It is a legal parallel to the person who defends his home or family or business from an intruder. If you break into my house and I let you have it with both barrels of Ole Betsy, then I am legally justified. However, if I reload and then shoot you again while you are down, I have committed murder (that is why having a large capacity magazine is great, no reload window).

There have been some criminal cases of this nature, and many civil ones.

Reply to message
Looks like Zimmerman is going to be acquitted..... Anonymous2000 - 09/07/2013 08:54:18 PM 1248 Views
I've figured this since the first week of testamony imlad - 09/07/2013 09:06:59 PM 901 Views
I'm not sure someone being punished excessively is a good reason to mimic it Isaac - 09/07/2013 10:26:51 PM 647 Views
Excellent response, you covered everything I would have wanted to. *NM* A Deathwatch Guard - 10/07/2013 06:48:15 PM 318 Views
Thanks *NM* Isaac - 11/07/2013 01:35:15 AM 258 Views
Nutty reply by you as usual.....but..... Anonymous2000 - 09/07/2013 10:36:45 PM 711 Views
coming from your side of the aisle, I take that as a compliment. :-) imlad - 11/07/2013 12:18:07 AM 858 Views
All right, let's talk about Yoda, this so-called 'wise' Jedi Grandmaster Isaac - 11/07/2013 01:34:57 AM 597 Views
Yep that Yoda. ranagrande - 11/07/2013 02:26:03 AM 750 Views
It is a time-honoured US criminal justice tradition after all Jay Sherman - 10/07/2013 10:06:35 PM 562 Views
The prosecution has been terrible in this case. It reminds me of the OJ prosecution. Tom - 10/07/2013 10:58:50 PM 580 Views
Re: The prosecution has been terrible in this case. It reminds me of the OJ prosecution. imlad - 11/07/2013 12:20:39 AM 721 Views
When one person is on top of another beating him up..... Anonymous2000 - 11/07/2013 04:22:02 AM 639 Views
As a person who has been trying not to follow the case Roland00 - 11/07/2013 04:07:01 PM 642 Views
Yeah, but you are forgetting something rather important HyogaRott - 11/07/2013 06:41:54 PM 673 Views
I am sorry but that is not quite true Roland00 - 11/07/2013 07:10:19 PM 676 Views
Go review the timeline it is available online. *NM* HyogaRott - 11/07/2013 07:22:43 PM 250 Views
I am having a hard time believing that you can justifiably kill in a fight you started and lost Jay Sherman - 11/07/2013 09:51:00 PM 551 Views
It is a tough legal argument but it can occur. HyogaRott - 12/07/2013 01:24:11 AM 579 Views
Home defense is an entirely separate situation than an aggressor losing a fight Jay Sherman - 12/07/2013 10:13:42 PM 630 Views
It really isn't too hard to find, if you bother to look. HyogaRott - 12/07/2013 11:41:35 PM 1092 Views
I understand the theory, and military court is not quite the same as common law, yes? Jay Sherman - 12/07/2013 11:52:54 PM 640 Views
MIlitary courts are also based on common law, just shifted for military realities HyogaRott - 12/07/2013 11:59:24 PM 646 Views
Re: MIlitary courts are also based on common law, just shifted for military realities Jay Sherman - 13/07/2013 12:21:06 AM 661 Views
I will stipulate to everything you just said, but disagree with your conclusion. HyogaRott - 13/07/2013 12:58:10 AM 638 Views
Stumbled accross the actual Florida statute that explicitly covers what I described. HyogaRott - 15/07/2013 04:28:06 PM 929 Views
There is no call for self-defense for a fight you initiated yourself Jay Sherman - 11/07/2013 06:34:46 PM 649 Views
Once again, following someone doesn't justify assault. Anonymous2000 - 11/07/2013 07:34:09 PM 539 Views
Thank god the perpetrator got shot Roland00 - 11/07/2013 07:48:12 PM 596 Views
And once again, when did Zimmerman identify himself as the neighbourhood watchman? Jay Sherman - 11/07/2013 08:59:28 PM 629 Views
He was under no legal obligation to do so. HyogaRott - 12/07/2013 01:39:45 AM 609 Views
He was also under no legal obligation to follow Martin, despite being neighbourhood watchman Jay Sherman - 12/07/2013 05:15:00 PM 758 Views
Except that there is exactly zero evidence to support your scenario. HyogaRott - 12/07/2013 06:00:05 PM 674 Views
If you don't care one way or the other, why are you arguing so strongly for acquittal? Jay Sherman - 12/07/2013 10:06:00 PM 592 Views
You covered several areas... HyogaRott - 12/07/2013 11:28:18 PM 614 Views
A couple of points... Jay Sherman - 13/07/2013 12:15:47 AM 662 Views
I have to disagree about the manslaughter HyogaRott - 13/07/2013 12:45:32 AM 547 Views
Back to Messageboard Post New Thread Search Help Stats Rules

Reply to Message

Block Quote Paragraph Quote
Formatting
Smiley Codes