Idaho man gets 28 years in beating death of gay man
Source:
Reuters
27 APR 2017 AT 15:16 ET
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Idaho man gets 28 years in beating death of gay man
Evil pieces of shit is going to pay for what he did.
He should be executed, anyone who murders another person should be executed.
The only exceptions should be if they had no choice but to kill someone in self defence, in those cases mercy should be shown to the perpetrator.
SO everyone claims self defense and then they don't get executed.
It doesn't work that way. Merely claiming self defense has never kept anyone off death row. Self defense is what is called an “affirmative defense.” This means that the defendant has the burden of proof. If the defendant can prove that he acted in self defense the jury must acquit him. This is the way it should be. Certainly you are not suggesting that a person who proves he lawfully used deadly force to protect himself from death or serious bodily injury should be punished in any way.
And how do you "prove" you acted in self defense? Self defense is all about how you think... so you tell them you acted in self defense, and then make up some story about how you ripped his arms off to stop him coming back as a zombie killer.
If you don't know how to prove something I cannot help you. However, I can tell you that if you can find a sympathetic and ignorant jury that believes “you ripped his arms off to stop him coming back as a zombie killer” and disregards the judge's instruction regarding self defense the jury will acquit you. Good luck with that one.
One more time: a person is allowed to use deadly force if – at the time such force is use – he reasonably believes it is necessary to prevent death or serious bodily injury to himself. It is up to a jury to determine – considering all the circumstances that existed at the time deadly force was used – whether the defendant's actions were justified or not.
You seem to think that self defense is a frivolous defense. When someone points a gun in your face and threatens to kill you I am sure you will change your mind. In a situation where there are only two possibilities, one being that a thug kills an innocent victim and the other that the victim uses deadly force in self defense to kill the thug it should be obvious to anyone with sense of justice and a modicum of common sense that the thug should be the one to exit, stage left. Fortunately, regardless of what you think, the law recognizes a person's right to protect his own life.
For the record, I have JD (Juris Doctorate) and passed the Bar on my first attempt. I know the law and it is apparent you do not. You probably know a lot more about a lot of things than I do, but the law is not one of them
You can have the last word. I have done my best to inform members of this forum and I'm outta here.