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To: SoFloFreeper

I’d like to make a few points that generally get lost in the shouting.

The “traditional” common law of England, transferred to the USA as the basis of our legal system in every state but LA, imposes a duty to retreat on those who claim self-defense. This, not illogically, grew up in the Middle Ages where most men went armed and the murder rate was MUCH higher than today. If two men got into a fight, and neither backed down and one died, the survivor could not claim self-defense as a justification. He would likely be convicted of something less than 1st degree, but he couldn’t just walk.

In something like 2/3 of US states, this common law principle has been modified with one or another variant of SYG.

Unfortunately, IMO, the determination whether a killing is justified and therefore no charges will be filed, which is the essence of SYG, is left up to cops and prosecutors. IOW, political officials. And the case remains open, subject to future politicians reaching a different decision about the case and deciding to prosecute.

I think we should update the law to incorporate something akin to the old common law coroner’s inquest for every killing. Then a legal decision can be reached that the killing was in self-defense, and future prosecution is barred. Unless, I assume, significant new evidence to the contrary turns up.

But the law does not say most of what its opponents say it does. There do appear, however, to have been some poorly decided cases in FL based on SYG.

Not the Zimmerman trial. It was well decided, and did not involve SYG anyway.


27 posted on 07/18/2013 6:43:38 AM PDT by Sherman Logan
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To: Sherman Logan

“The “traditional” common law of England, transferred to the USA as the basis of our legal system in every state but LA, imposes a duty to retreat on those who claim self-defense.”

The reason for that was everyone belonged to their king as property and to kill someone meant the king had one less person in his kingdom.


35 posted on 07/18/2013 6:45:52 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: Sherman Logan

Just to add a critical & frequently missed point to your excellent points, SYG is also Tort reform. Or, repealing it is scumbag attorneys jackpot. Prior to SYG, a completely innocent victim who defended themselves was still liable civilly. SYG simply protects such from legal persecution from unscrupulous attorneys. Like the ones who went after Z.


51 posted on 07/18/2013 6:57:14 AM PDT by 1malumprohibitum
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