New York law is an open invitation to home invaders

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tomneal
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New York law is an open invitation to home invaders

#1

Post by tomneal » Wed Jan 23, 2019 3:25 pm

https://nypost.com/2019/01/21/new-york- ... -invaders/
There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for ­defending themselves and their loved ones.

Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone ­attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?
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RoyGBiv
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Re: New York law is an open invitation to home invaders

#2

Post by RoyGBiv » Wed Jan 23, 2019 4:00 pm

I have no idea why anyone would choose to live in NYC. I escaped when I was 17.
Part of the trouble lies with New York’s “retreat doctrine.” A theory fit for law school classrooms, the doctrine holds Joel had a duty to run and hide if it was safe to do so. It’s an obligation Joel, like the vast majority of New Yorkers, had probably never heard of.
I am not a lawyer. This is NOT legal advice.!
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Jusme
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Re: New York law is an open invitation to home invaders

#3

Post by Jusme » Wed Jan 23, 2019 4:15 pm

tomneal wrote:
Wed Jan 23, 2019 3:25 pm
https://nypost.com/2019/01/21/new-york- ... -invaders/
There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for ­defending themselves and their loved ones.

Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone ­attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?

He's taking his cues from UK, Australia, and other places, where defending yourself is a crime.
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Bitter Clinger
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Re: New York law is an open invitation to home invaders

#4

Post by Bitter Clinger » Wed Feb 06, 2019 2:14 pm

Well, its getting worse than ever in the "Empire" State:

The New York State Legislature has before them legislation that states anyone who is arrested in New York State will be released without bail. Basically they will be processed and released. In some major felony cases a defendant will be held on bail, but there will be an automatic hearing within 2 to 3 days.

Additionally, anyone arrested will be entitled to discovery within 2 to 3 days. What does this mean? If a person is charged with any of the crimes listed below, the defendant be out of jail within hours and their will know who their accuser is, as well as all of their related information, address, phone number, email etc., within 48 hours of their arrest. For example, if your home is burglarized and all the latest technological gadgets lead to an arrest of the person, the defendant will be back on the street within hours of their arrest, potentially burglarizing other homes.

Here are all the crimes where the defendant would get automatic release and the prosecution is not allowed to ask for bail:

Attempted Aggravated Sexual Abuse
Attempted Assault on a Police Officer
Attempted Strangulation 1
Attempted Criminal Possession of a Biological Weapon
Robbery 2
Burglary 2
Assault 2
Menacing a Police Officer
Stalking 1
Strangulation 2
Rape 2
Sexual Abuse 1
Course of Sexual Conduct against a Child
Aggravated Sexual Abuse 3
Criminal Possession of a Weapon 3
Supporting Terrorism 2
Fake Bombs
Persistent Sexual Abuse
Rape 3
Criminal Impersonation 1
Identity Theft 1
Scheme to Defraud 1
Corrupt use of position or authority
Perjury
Intimidating a witness
Promoting prostitution in a school zone
Compelling Prostitution
Riot 1
Criminal Anarchy
Criminal possession of a weapon on SCHOOL GROUNDS
Unlawful fleeing a police officer
Vehicular assault 1
Coercion 1
Escape 1
Aggravated Criminal Contempt
Promoting a sexual performance by a child
Vehicular Manslaughter 1
Aggravated vehicular assault
Use of child in sexual performance
Criminal Sale of firearm to minor
Corrupting the government (explains how Cuomo is still at large!)
Aggravated patronizing a minor for prostitution in the first degree
Facilitating a sexual performance by a child with a controlled substance or alcohol
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Redneck_Buddha
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Re: New York law is an open invitation to home invaders

#5

Post by Redneck_Buddha » Wed Feb 06, 2019 3:01 pm

Wow. New York is resembling a completely rogue and lawless state with complete ghouls and monsters running the show.


Odinvalknir
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Re: New York law is an open invitation to home invaders

#6

Post by Odinvalknir » Wed Feb 06, 2019 3:06 pm

Who thinks that any of that is a good idea? Where do these people come from? I cannot really believe they are Americans...


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Re: New York law is an open invitation to home invaders

#7

Post by OneGun » Wed Feb 06, 2019 3:13 pm

It is better to be a criminal in NYC. You have more protections than the citizens.
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Paladin
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Re: New York law is an open invitation to home invaders

#8

Post by Paladin » Wed Feb 06, 2019 3:51 pm

Criminals are running the city:

Top aide of gun-control advocate Bill de Blasio is arrested on weapon charges after she's found in a car with a loaded pistol near the scene of a shooting in Queens
Queens Criminal Court, where her mother Deborah Stevens Modica has served as a judge for more than 20 years.

Her stepdad Salvatore Modica is an acting Queens Supreme Court justice.
De Blasio aide arrested with gun was riding in SUV that reeked of weed: cops
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Re: New York law is an open invitation to home invaders

#9

Post by jmorris » Wed Feb 06, 2019 5:02 pm

tomneal wrote:
Wed Jan 23, 2019 3:25 pm
https://nypost.com/2019/01/21/new-york- ... -invaders/
There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for ­defending themselves and their loved ones.

Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone ­attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?
Over thirty years ago I heard of a case where a women keep retreating until she was in her basement before shooting the intruder. She was prosecuted because there was a door in her basement that lead outside. The cesspool has only gotten deeper.
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