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View Diary: The obligation to retreat? (173 comments)

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  •  the idea of duty of reasonable retreat (1+ / 0-)
    Recommended by:
    Wee Mama

    was it made it clear who started the fight.

    and "It takes two to Tango".

    if you make it reasonable retreat, then,
    it's a simple thing.

    i had a friend married a gal, her ex showed up
    started beating on the door at 2 AM drunk.
    Steve went outside to tell him to shut up and go away,
    ended up punching him and he died of a heart attack.

    got Involuntary manslaughter and 18 months
    because he didn't need to go outside.

    if the ex had broken down the door, then it's pretty clear.

    but without that, well a man is dead someone must pay.

    had the prosecutors in the Trayvon Martin case
    started at Involuntary Manslaughter, they might have
    made that and let the jury go for that.

    by starting at Murder 2, the jury started saying no

    •  The GZ prosecution was messed up from Day 1. (2+ / 0-)
      Recommended by:
      patbahn, Wee Mama

      The case should have gone to the Grand Jury first, but no, Angela Corey thought she should circumvent the normal process ... and then wound up WAY overcharging him given the evidence she had.  The State might have actually wound up getting a manslaughter conviction if they'd handled the case differently from the very beginning, but had little chance of getting anything going the route they took.

      "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

      by Neuroptimalian on Wed Jul 24, 2013 at 12:45:28 PM PDT

      [ Parent ]

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