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Old 12-09-2007, 11:08 AM   #6
howela
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Would you defend yourself or retreat?

Even though there were nine attackers I think the instinct is to hold back because they are "children".
This link is from a discussion on the Bernard Goetz case.

http://www.jacksonfreepress.com/comm...=8293_0_54_0_C
Quote:
House Bill 882
The House overwhelmingly passed a bill that will allow a self-defense claim to extend beyond the entry of one's home. If the bill becomes law, you will be able to have a "rebuttable presumption of innocence" (legal term) when you kill someone that you believe was about to commit a felonious act ( like burglary) or inflict bodily, possibly fatal harm to your person whether you are in your home, on your property, in your car or your place of business/employment. I voted for this bill.

The criticism behind this bill was that it would be considered open season on inner city youth if enacted. Being sensitive to that, I see it quite the opposite. In my district, there are homeowners trying to live in peace, but they are victims of burglaries and carjackings. As the current law reads, you would only have a claim of self-defense if a person was illegally in your house or was physically attacking you. This would broaden the scope. It is actually a long overdue companion bill to the "gunslinger" law, which allows a citizen to carry a gun in their car or place of business, as long as it is not concealed. The bill also provides civil protection for citizens who defend themselves and then get sued by the perpetrators or their families. The bill is actually a sad commentary on the state of affairs in this world, but I feel it will give citizens a sense of empowerment and not necessarily compel them to a "duty to retreat" (another legal term). In case you were wondering, the bill also protects those individuals, like census takers or repo men, who show up on your property in the performance of their duties.
By: Rep. Erik Fleming on Jan 14, 06 | 2:04 am
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