Re: Teens died about 87 and 337 feet from man who said he fired in self-defense
Posted: Fri Jul 27, 2018 11:58 am
I have a few thoughts on this I really don't want to share in a public forum. But...the law is the law I suppose.
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Keep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.SQLGeek wrote: Fri Jul 27, 2018 11:58 am I have a few thoughts on this I really don't want to share in a public forum. But...the law is the law I suppose.
I actually agree that they didn't "deserve" to die for their actions. I would think that any human life would be worth more than the value of whatever they were trying to steal. But here's the thing. The fact is that these kids didn't value their lives as highly as I would value the life of my dog. Those kids decided that a used pickup truck was worth more than their lives. Presumably they knew the value of their lives better than I ever could, so who am I to argue with them?"They didn't deserve (Lawrence) to be judge, jury and executioner either," Newman said in the hallway.
For better or worse, Texas doesn't have the fleeing felon rule.montgomery wrote: Fri Jul 27, 2018 1:03 pm Keep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.
My thoughts have nothing to do with the laws in particular between Texas and Michigan and more to do with the moral obligation to follow the law versus the theoretical net overall improvement to society that was achieved.montgomery wrote: Fri Jul 27, 2018 1:03 pmKeep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.SQLGeek wrote: Fri Jul 27, 2018 11:58 am I have a few thoughts on this I really don't want to share in a public forum. But...the law is the law I suppose.
No issues with what you stated or implied. I am just saying once these two adults - the 18 year olds - turned their back and were more than 7 yards away from the landowner, the shooter had a tough road to hoe on the self defense claim there.SQLGeek wrote: Fri Jul 27, 2018 1:14 pmMy thoughts have nothing to do with the laws in particular between Texas and Michigan and more to do with the moral obligation to follow the law versus the theoretical net overall improvement to society that was achieved.montgomery wrote: Fri Jul 27, 2018 1:03 pmKeep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.SQLGeek wrote: Fri Jul 27, 2018 11:58 am I have a few thoughts on this I really don't want to share in a public forum. But...the law is the law I suppose.
Texas does not allow the shooting of all fleeing felons, but read TPC §9.42 below.BBYC wrote: Fri Jul 27, 2018 1:08 pmFor better or worse, Texas doesn't have the fleeing felon rule.montgomery wrote: Fri Jul 27, 2018 1:03 pm Keep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.
TPC §9.42 wrote:Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(3) he reasonably believes that:
- (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
- (A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
I don't think there is actually a 21 ft. rule. When that is said I believe most people are referring to this. https://en.wikipedia.org/wiki/Tueller_DrillOneGun wrote: Sat Jul 28, 2018 8:10 am What is Michigan's 21 foot rule? I would hate to mount a laser range finder on my gun.