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RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 2:27:13 AM   
tweakabelle


Posts: 7522
Joined: 10/16/2007
From: Sydney Australia
Status: offline
quote:

ORIGINAL: cloudboy

quote:

A burglary is a burglary everywhere - and if he d be caught by the police (and a house owner witnessing it happen should have called them asap) he d probably - taken his minor age - face verdicts ranging from social work to being arrested from a number of days to up to 2 months considering whether it was his first offence or not.


Burglaries typically have a criminal intent element -- intent to commit a felony or a crime of some particular magnitude.

When I was in my teens, we used to go Pool Hopping. We'd trespass, jump fences, etc. typically at night -- to go swimming in pools where we weren't members. It was fun, and it felt dangerous. Garage Hopping seems very related, but with am element of petty theft attached.

There are group of posters here who strongly advocate protecting "beer cans" (as you call them) with deadly force. It's mind boggling. There is also a whole class of Americans sleeping with guns-at-the-ready in their bedrooms and a swath of innocents and family members mistakenly killed by them in confrontations.

The New England Journal of Medicine found that keeping a gun in the home actually increases the likelihood of its inhabitants being shot.

This case, and many others that have been the subject of threads here, seem to me to revolve around a tension between two conflicting approaches to justice.

The first model emphasises self sufficiency, the castle doctrine, property and gun rights. This model developed as a result of necessity in the days when the US was primarily a rural society, with weak law enforcement at local levels and justice was dispensed in a rather rough and ready fashion by (predominantly) property owners. Within this model, individual responsibility for law enforcement, conflict resolution and dispensing justice is emphasised.

The second model emphasises central law enforcement by professionals, proportionality and due process. This model has evolved to meet the needs of primarily urban populations with far stronger law enforcement institutions at local levels, justice dispensed by courts that uphold the various and sometimes conflicting rights of various parties. Within this model, responsibility for law enforcement, conflict resolution and dispensing justice lies primarily in the State through professional law enforcement institutions - police the courts etc.

The question that needs to be resolved is which of these models, each with its own merits and demerits, is more suited to the needs of the modern largely urban society that is the US today?

< Message edited by tweakabelle -- 12/29/2014 2:30:11 AM >


_____________________________



(in reply to cloudboy)
Profile   Post #: 81
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 5:00:23 AM   
Sanity


Posts: 22039
Joined: 6/14/2006
From: Nampa, Idaho USA
Status: offline

quote:

ORIGINAL: tweakabelle

This case, and many others that have been the subject of threads here, seem to me to revolve around a tension between two conflicting approaches to justice.

The first model emphasises self sufficiency, the castle doctrine, property and gun rights. This model developed as a result of necessity in the days when the US was primarily a rural society, with weak law enforcement at local levels and justice was dispensed in a rather rough and ready fashion by (predominantly) property owners. Within this model, individual responsibility for law enforcement, conflict resolution and dispensing justice is emphasised.

The second model emphasises central law enforcement by professionals, proportionality and due process. This model has evolved to meet the needs of primarily urban populations with far stronger law enforcement institutions at local levels, justice dispensed by courts that uphold the various and sometimes conflicting rights of various parties. Within this model, responsibility for law enforcement, conflict resolution and dispensing justice lies primarily in the State through professional law enforcement institutions - police the courts etc.

The question that needs to be resolved is which of these models, each with its own merits and demerits, is more suited to the needs of the modern largely urban society that is the US today?


Rather, one model assumes that we as individuals are born with inalienable rights, while the other dictates that we are property of the state and have no rights, only that "justice" arbitrarily granted by the state

_____________________________

Inside Every Liberal Is A Totalitarian Screaming To Get Out

(in reply to tweakabelle)
Profile   Post #: 82
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 5:01:22 AM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: cloudboy

quote:

A burglary is a burglary everywhere - and if he d be caught by the police (and a house owner witnessing it happen should have called them asap) he d probably - taken his minor age - face verdicts ranging from social work to being arrested from a number of days to up to 2 months considering whether it was his first offence or not.


Burglaries typically have a criminal intent element -- intent to commit a felony or a crime of some particular magnitude.

When I was in my teens, we used to go Pool Hopping. We'd trespass, jump fences, etc. typically at night -- to go swimming in pools where we weren't members. It was fun, and it felt dangerous. Garage Hopping seems very related, but with am element of petty theft attached.

There are group of posters here who strongly advocate protecting "beer cans" (as you call them) with deadly force. It's mind boggling. There is also a whole class of Americans sleeping with guns-at-the-ready in their bedrooms and a swath of innocents and family members mistakenly killed by them in confrontations.

The New England Journal of Medicine found that keeping a gun in the home actually increases the likelihood of its inhabitants being shot.

And yet you are one of the first to be outraged if the police do anything to stop crime unless the criminal wants to go peacefully.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to cloudboy)
Profile   Post #: 83
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 5:47:15 AM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline
quote:

ORIGINAL: Sanity
quote:

ORIGINAL: tweakabelle
This case, and many others that have been the subject of threads here, seem to me to revolve around a tension between two conflicting approaches to justice.

The first model emphasises self sufficiency, the castle doctrine, property and gun rights. This model developed as a result of necessity in the days when the US was primarily a rural society, with weak law enforcement at local levels and justice was dispensed in a rather rough and ready fashion by (predominantly) property owners. Within this model, individual responsibility for law enforcement, conflict resolution and dispensing justice is emphasised.

The second model emphasises central law enforcement by professionals, proportionality and due process. This model has evolved to meet the needs of primarily urban populations with far stronger law enforcement institutions at local levels, justice dispensed by courts that uphold the various and sometimes conflicting rights of various parties. Within this model, responsibility for law enforcement, conflict resolution and dispensing justice lies primarily in the State through professional law enforcement institutions - police the courts etc.

The question that needs to be resolved is which of these models, each with its own merits and demerits, is more suited to the needs of the modern largely urban society that is the US today?


Rather, one model assumes that we as individuals are born with inalienable rights, while the other dictates that we are property of the state and have no rights, only that "justice" arbitrarily granted by the state


No, that's not what the two models means. The first is being self absorbed and creating problems. The second is forgetting the nature of the Constitution and creating problems. Both models would not work for this nation. Since the nature of the US Constitution is to 'apply all laws to all persons found under the domain of power of the federal system'. Try to develop an important law on firearms that applies to the conditions, settings, and problems of Quinhagak, Alaska....and...equally apply to New York City, New York. Both locations are so different from the other on so many levels.

What's the best model? Uncorrupting the 2nd amendment, and applying its meaning as a whole to the problems faced by the nation at current. The concept of 'self defense' was never really brought up at the individual level for the 2nd, just like 'net neutrality' was never brought up for the 1st and 4th amendments back in the 18th century. Its up to the people in 2014/2015 to decide how best new technology and cultural shifts effect the laws (not just firearms) we have now and conditions of the future.

No one wants to uncorrupt the 2nd, because to many have to much invested in keeping it fucked up. Groups big and small, not to mention political, religious, and financial entities have much in the way to gain from things remaining fucked up. And that to many Americans rather accept the corrupted versions because the uncorrupted version means they'd have to actually pay for their freedoms. Sadly we force our soldiers to foreign lands to 'defend our freedoms', and when they come back, most want to fucking forget they ever existed! Yet when we are called to do the same, we take the easy ways out and keep it corrupted. We'll have to endure another dozen mass school shootings before we might consider the insanity. On top of that many more accidental and unusual shootings (like the back story of this thread). A few hundred gun laws in many states for all sorts of conditions/reasons. And hours upon hours of talking heads on all sides 'debating' things to death; both 'on air' and on this and other forums.

The two models were 'a good try', but will not work. And not for why you and BamaD believe to understand. Both of you, like the liberals, moderates and conservatives on this forum and the nation at large, are 'ok' with the corrupted amendment. That your 'ok' with all the funerals, all the moments of tragedy, and bullshit shoveled to keep it corrupted. The issue comes up every general election area, and is never actually dealt with like responsible adults. Because it would force all sides to come up with some other division to attack the others on during campaign speeches.

What's the uncorrupted version you ask? Why should I even bother explaining it? None of you would listen. You have so much invested in the corrupted version and raw passion built up to consider a better path. Its one in which we pay for this particular kind of freedom. The liberals and moderates would have more trust of conservatives and vise verse. That it would strength our communities as a group, rather than the 'my life is an island' attitude so common in this nation. And maybe, just maybe, it forces us to find common ground on many other issues/problems facing the nation, because we talk and listen to each other like adults. Or have we not learned what happens when we as citizens 'slack off' in our duties as citizens in government in the past two decades?

(in reply to Sanity)
Profile   Post #: 84
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 5:48:22 AM   
Sanity


Posts: 22039
Joined: 6/14/2006
From: Nampa, Idaho USA
Status: offline

quote:

ORIGINAL: BamaD


And yet you are one of the first to be outraged if the police do anything to stop crime unless the criminal wants to go peacefully.


This is a good example of why the left as a general rule has to rely on debate tactics such as trollish personal attacks, derails, obfuscation and hysterical appeals to emotion

Their ideology cannot stand up to logical debate because they have no moral compass, so their ideology is riddled with such inconsistencies as this

We cannot have guns because the racist, murdering police are here to protect us and hunt our children

(Cue more personal attacks)





< Message edited by Sanity -- 12/29/2014 6:04:12 AM >


_____________________________

Inside Every Liberal Is A Totalitarian Screaming To Get Out

(in reply to BamaD)
Profile   Post #: 85
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 7:09:08 AM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: joether

quote:

ORIGINAL: Sanity
quote:

ORIGINAL: tweakabelle
This case, and many others that have been the subject of threads here, seem to me to revolve around a tension between two conflicting approaches to justice.

The first model emphasises self sufficiency, the castle doctrine, property and gun rights. This model developed as a result of necessity in the days when the US was primarily a rural society, with weak law enforcement at local levels and justice was dispensed in a rather rough and ready fashion by (predominantly) property owners. Within this model, individual responsibility for law enforcement, conflict resolution and dispensing justice is emphasised.

The second model emphasises central law enforcement by professionals, proportionality and due process. This model has evolved to meet the needs of primarily urban populations with far stronger law enforcement institutions at local levels, justice dispensed by courts that uphold the various and sometimes conflicting rights of various parties. Within this model, responsibility for law enforcement, conflict resolution and dispensing justice lies primarily in the State through professional law enforcement institutions - police the courts etc.

The question that needs to be resolved is which of these models, each with its own merits and demerits, is more suited to the needs of the modern largely urban society that is the US today?


Rather, one model assumes that we as individuals are born with inalienable rights, while the other dictates that we are property of the state and have no rights, only that "justice" arbitrarily granted by the state


No, that's not what the two models means. The first is being self absorbed and creating problems. The second is forgetting the nature of the Constitution and creating problems. Both models would not work for this nation. Since the nature of the US Constitution is to 'apply all laws to all persons found under the domain of power of the federal system'. Try to develop an important law on firearms that applies to the conditions, settings, and problems of Quinhagak, Alaska....and...equally apply to New York City, New York. Both locations are so different from the other on so many levels.

What's the best model? Uncorrupting the 2nd amendment, and applying its meaning as a whole to the problems faced by the nation at current. The concept of 'self defense' was never really brought up at the individual level for the 2nd, just like 'net neutrality' was never brought up for the 1st and 4th amendments back in the 18th century. Its up to the people in 2014/2015 to decide how best new technology and cultural shifts effect the laws (not just firearms) we have now and conditions of the future.

No one wants to uncorrupt the 2nd, because to many have to much invested in keeping it fucked up. Groups big and small, not to mention political, religious, and financial entities have much in the way to gain from things remaining fucked up. And that to many Americans rather accept the corrupted versions because the uncorrupted version means they'd have to actually pay for their freedoms. Sadly we force our soldiers to foreign lands to 'defend our freedoms', and when they come back, most want to fucking forget they ever existed! Yet when we are called to do the same, we take the easy ways out and keep it corrupted. We'll have to endure another dozen mass school shootings before we might consider the insanity. On top of that many more accidental and unusual shootings (like the back story of this thread). A few hundred gun laws in many states for all sorts of conditions/reasons. And hours upon hours of talking heads on all sides 'debating' things to death; both 'on air' and on this and other forums.

The two models were 'a good try', but will not work. And not for why you and BamaD believe to understand. Both of you, like the liberals, moderates and conservatives on this forum and the nation at large, are 'ok' with the corrupted amendment. That your 'ok' with all the funerals, all the moments of tragedy, and bullshit shoveled to keep it corrupted. The issue comes up every general election area, and is never actually dealt with like responsible adults. Because it would force all sides to come up with some other division to attack the others on during campaign speeches.

What's the uncorrupted version you ask? Why should I even bother explaining it? None of you would listen. You have so much invested in the corrupted version and raw passion built up to consider a better path. Its one in which we pay for this particular kind of freedom. The liberals and moderates would have more trust of conservatives and vise verse. That it would strength our communities as a group, rather than the 'my life is an island' attitude so common in this nation. And maybe, just maybe, it forces us to find common ground on many other issues/problems facing the nation, because we talk and listen to each other like adults. Or have we not learned what happens when we as citizens 'slack off' in our duties as citizens in government in the past two decades?


Why did you admit early on that the people who wrote the second agreed with my interpretation (that being where I got it) but that our "superior wisdom" should lead us to a different interpretation?
Self defense is the first self evident inalienable right.


_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to joether)
Profile   Post #: 86
RE: Montana homeowner found guilty in slaying of German... - 12/29/2014 9:58:53 AM   
Aylee


Posts: 24103
Joined: 10/14/2007
Status: offline

quote:

ORIGINAL: joether

What's the best model? Uncorrupting the 2nd amendment, and applying its meaning as a whole to the problems faced by the nation at current. The concept of 'self defense' was never really brought up at the individual level for the 2nd, just like 'net neutrality' was never brought up for the 1st and 4th amendments back in the 18th century. Its up to the people in 2014/2015 to decide how best new technology and cultural shifts effect the laws (not just firearms) we have now and conditions of the future.



State v. Hull (Wash. Ct. App. Dec. 18, 2014), Self-defense is a constitutional right.

_____________________________

Ceterum censeo Carthaginem esse delendam

I don’t always wgah’nagl fhtagn. But when I do, I ph’nglui mglw’nafh R’lyeh.

(in reply to joether)
Profile   Post #: 87
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