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To: from occupied ga

Simple trespass does not create a self-defense scenario for Crocker. An unarmed man, making incidental contact just trying to make peace, is not an aggressor. A man picking up rocks in the presence of a man brandishing a deadly weapon is already in defensive mode against superior force, and cannot be the aggressor.

As I said in the Zimmerman case, the simplified rule of thumb in these self-defense cases is to ask who raised the threat of unambiguous lethal force first. That burden is on Crocker (as it was on Martin). He cannot resort to self-defense until and unless he breaks off the aggression. After that point, he would regain the ability to defend himself against lethal aggression, such as big enough rocks being thrown at him. How big? Jury call.

See, here’s the fundamental problem. An important element of self-defense is the reasonable belief that if you don’t act, you will be seriously hurt or killed. But that belief has to be reasonable, i.e., is measured objectively, by what a jury of your peers believes would constitute a real threat under the specific facts of the case. If you’re carrying a firearm, and your opponent is throwing pebbles, just to harass you, it’s not reasonable to believe your life is under any real threat. Whereas with Zimmerman, the jury had no trouble seeing the head bashing on the concrete as a reasonable threat of death or serious injury, especially given Martin’s advantage of position and physical strength.

Bottom line, of course, I agree. Avoid the fight when possible. They even teach you in martial arts instruction to swallow your pride and walk away from a fight when you can, even if you have the greater power. Peace is a good and worthy thing to seek. Unfortunately, Mr. Dart intervened in a very dangerous situation. But these things never go like they do on TV. In real life, the good guys can get hurt. I don’t remember the reference, but there is a Scripture that says, when the wise see trouble coming, they go another way. Good rule to follow, whenever possible.

But Crocker is toast. He’s got nothing.


93 posted on 07/23/2013 12:49:04 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Springfield Reformer
there is a Scripture that says, when the wise see trouble coming, they go another way.

Proverbs 22:3: The prudent sees danger and hides himself, but the simple go on and suffer for it.

112 posted on 07/23/2013 1:31:57 PM PDT by Nervous Tick (Without GOD, men get what they deserve.)
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To: Springfield Reformer
An unarmed man, making incidental contact just trying to make peace

Nice of you to rewrite reality a bit. BTW aren't you late for a "Justice for Treyvon demonstration?"

176 posted on 07/24/2013 5:04:59 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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