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Originally Posted by fxashun
I agree it fits the definitoin of vigilantism. But I also agree with Texas law that allows you to use deadly force to stop a person if you feel you have to. If he had not used it, as law allows in many states, the crooks would have gotten away.
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I don't agree that deadly force should be used to stop a person from getting away, especially when it's just theft.
Property can be replaced. A life, even if it's criminal, cannot.
To a greater degree, I think we both have made our positions plain on this.
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Originally Posted by fxashun
And I prefer to spin it that you are allowed to kill in certain circumstances instead of just standing there helplessly while you see someone steal from your neighbor. I assign much more guilt to the dead guys than Horn. This situation was easily avoidable.
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We're delving into a situation of "blame the victim". And while
it's not as simple as that, that's what I see at its heart.
In rape cases, sometimes lawyers will try to blame the victim for the rape. To me, no means no. It doesn't matter if the victim was a $2 hooker who had done the guy a dozen times before, no means no.
In this case, the thieves were unquestionably guilty. Their guilt does not justify a private citizen killing them. One of the reasons that the guilt of the dead person "exonerating" the shooter is so distasteful to me.
While the thieves could have "avoided" the decision, it wasn't THEIR decision for Horn to pull the trigger.
That is entirely HORN's decision which he made based on the circumstances at hand.
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Originally Posted by fxashun
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Point acknowledged.
I doubt we'll ever know the background of the person who was on the other end of the 911 call, but assuming the operator was law enforcement is not justified with current knowledge.
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Originally Posted by fxashun
I went to that thread on the other site and found this..
Bloomberg.com: Exclusive
The Texas penal code allows the use of deadly force to protect property, including a third party's, under certain conditions. Lynne Parsons, an assistant district attorney in Harris County, declined to say when the case will be presented to a grand jury.
If he is tried, Horn may have to show that he thought the neighbor's property couldn't be recovered any other way, said Sandra Guerra Thompson, a professor at the University of Houston Law Center. She said the verdict would depend on the ``reasonableness'' jurors saw in his action.
Trying this man would have been a waste of time.
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Again, I fully accept what the Texas law says.
I just find it absurd and unreasonable.
The idea that "recovering property" actually trumps a human life is amazing to me.
Where are the "pro-lifers" when you need them?
(Last comment not aimed at you, but just general sarcasm.)
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Originally Posted by fxashun
The retreating is what sealed their fate.
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"Retreat" is a funny angle on the issue...
Cause according to the web-site analysis, it's not the "retreat" of the intruder which is the primary issue, but some states require the HOME-OWNER to "retreat" before lethal force can be applied...
"Castle laws" remove the duty to retreat from an illegal intruder when one is lawfully in one's home [2]. Therefore, any state that imposes a duty to retreat while in the home does not have a "Castle law:" the duty-to-retreat clause expressly imposes an obligation upon the home's occupants to retreat as far as possible and verbally announce their intent to use deadly force, before they can be legally justified in doing so to defend themselves.
There are 12 out of 50 states in the "States with a Stand-your-ground Law (No duty to retreat anywhere)" category, which gives the largest capability to the resident to defend himself / his home / his property.
The other 38 states are more stringent against the person in the residence, limiting the capability for lethal response.
Of the 12, I wouldn't be surprised if Texas was the most extreme in its capabilities. The web-site gives links, but for better and worse it's to the actual "legalese" that the state has in their law.
Reading through Florida's law, it looks like it specifies justification for lethal force if the intruder was kidnapping another, but not for simple theft.