153
you are viewing a single comment's thread
view the rest of the comments
[-] hitmyspot@aussie.zone 46 points 1 year ago

I think the difference is welf defense in Europe is defending your person, not your property. If someone breaks in, you don't have the right to hurt them. You call the police. If they were trying to attack you or you alerting them to your presence makes them come for you, then of course you can defend yourself.

Self defence is just that. Defence of the self.

One thing that your 2a right also means is that your criminals are likely to be armed. Ours are less likely to be and certainly much less likely for petty crime. The police in Ireland, for instanc, don't carry guns.

If someone breaks into my house. I'm not approaching them with hugs. I'm calling the police and grabbing a golf club or poker or similar.

[-] shalafi@lemmy.world 11 points 1 year ago

This guy is extremely conservative and a former cop. (He doesn't fly his politics, but you can tell.) He has testified in dozens of deadly force trials as an expert witness. Here's what he has to say about defending property. Very eye opening.

“In the anti-gun Spokane newspaper, internet comments indicated that many people had the clueless idea that Gerlach had shot the man – in the back – to stop the thief from stealing his car. One idiot wrote in defense of doing such, “That ‘inert property’ as you call it represents a significant part of a man’s life. Stealing it is the same as stealing a part of his life. Part of my life is far more important than all of a thief’s life.”

Analyze that statement. The world revolves around this speaker so much that a bit of his life spent earning an expensive object is worth “all of (another man’s) life.” Never forget that, in this country, human life is seen by the courts as having a higher value than what those courts call “mere property,” even if you’re shooting the most incorrigible lifelong thief to keep him from stealing the Hope Diamond. A principle of our law is also that the evil man has the same rights as a good man. Here we have yet another case of a person dangerously confusing “how he thinks things ought to be” with “how things actually are.”

As a rule of thumb, American law does not justify the use of deadly force to protect what the courts have called “mere property.” In the rare jurisdiction that does appear to allow this, ask yourself how the following words would resonate with a jury when uttered by plaintiff’s counsel in closing argument: “Ladies and gentlemen, the defendant has admitted that he killed the deceased over property. How much difference is there in your hearts between the man who kills another to steal that man’s property, and one who kills another to maintain possession of his own? Either way, he ended a human life for mere property!” ― Massad Ayoob, Deadly Force - Understanding Your Right To Self Defense

this post was submitted on 15 Sep 2023
153 points (94.7% liked)

Ask Lemmy

26903 readers
1542 users here now

A Fediverse community for open-ended, thought provoking questions

Please don't post about US Politics. If you need to do this, try !politicaldiscussion@lemmy.world


Rules: (interactive)


1) Be nice and; have funDoxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them


2) All posts must end with a '?'This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?


3) No spamPlease do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.


4) NSFW is okay, within reasonJust remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either !asklemmyafterdark@lemmy.world or !asklemmynsfw@lemmynsfw.com. NSFW comments should be restricted to posts tagged [NSFW].


5) This is not a support community.
It is not a place for 'how do I?', type questions. If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email info@lemmy.world. For other questions check our partnered communities list, or use the search function.


Reminder: The terms of service apply here too.

Partnered Communities:

Tech Support

No Stupid Questions

You Should Know

Reddit

Jokes

Ask Ouija


Logo design credit goes to: tubbadu


founded 1 year ago
MODERATORS