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To: WL-law
Question. If I sit in my own home or my place of business and consciously make a decision to defend my self and my family or fellow employees by whatever means necessary, in your opinion would that constitute premeditation?
26 posted on 01/26/2003 10:56:58 AM PST by Ches
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To: Ches
Question. If I sit in my own home or my place of business and consciously make a decision to defend my self and my family or fellow employees by whatever means necessary, in your opinion would that constitute premeditation?

You ask the wrong question. Premediation does not arise as an issue until you have a homicide. If you have a valid right to self-defense then there is no homicide. You can defend yourself - "defense of self" -- using reasonable force, including lethal force if the circumstances warrant -- you can also defend your family under the same principle, since each person in your family has the right to self-defense -- but you do NOT have the right to use deadly force to defend PROPERTY.

The facts in any particular case will dictate the difference -- and in this case the prosecution was warranted in failing to accept, on its face, that this was a valid case of self-defense.

32 posted on 01/26/2003 12:40:33 PM PST by WL-law
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