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Castle doctrine revisited (kind of a rant )

Discussion in 'Legal' started by yy, Jun 14, 2004.

  1. yy

    yy Well-Known Member

    Whatever happened to the society where a business establishment could spike the skulls of burlars and highwaymen as their "do not tresspass" sign?

    I was talking to a first-year law student and he informed me that self-defense was deliberately setup in the law as a gray area that "the court will straighten out":what:

    'course, doesn't help with the liberal courts in Cal.
  2. Pilgrim

    Pilgrim Well-Known Member

    County coroners tend to insist on receiving the entire body.

  3. 7.62FullMetalJacket

    7.62FullMetalJacket Well-Known Member

    I got him fair and square :D No need to involve the gubbiment.
  4. carpettbaggerr

    carpettbaggerr Well-Known Member

    The CDC frowns upon that. Tends to spread disease.
  5. MobileSuitPilotX

    MobileSuitPilotX Active Member

    I made the same sort of comment regarding a thread on PDO. A guy was at a bar minding his own business when a fight broke out and he got cornered. Made it out OK, no shots fired. My response was basically thus:

    I don't like the idea of killing anybody, but wouldn't (at least some) of you agree we were better off 150 years ago when this sort of thing wasn't an issue? When the criminal actually regarded his job as hazardous? This whole country has gone to crap because of people with bad manners. It's bad manners to start a fight in the middle of a bar (whatever happened to "Let's take this outside"?) or to steal from a store, and even worse manners to involve innocent bystanders trying to enjoy themselves or shop. Can't we regain that era's ideology when people were afraid of starting a bar fight, or stealing a car, or swiping some old lady's purse because they MIGHT get shot in the process? How can we make the criminal fear the common man again? Seems like back then low-lifes didn't make it too far in life, and for good reason (and good riddance).

    Wishful thinking, I know. Stay safe. Justin
  6. HankB

    HankB Well-Known Member

    Well, I think this sort of thing started changing when legislators found that, more and more, they identified with the burglars and highwaymen.

    Former House Speaker Tom Foley even called upon his members to "Stand and Deliver" when he needed their votes. "Stand and Deliver" was an old demand by robbers for money and other valuables - today they'd say "Your Money or your Life!"
  7. sendec

    sendec member

    I am not always certain that the good old days were really that good. Living past 35 and not being burned at the stake as a witch or getting trephined to let the demons out, I am pretty pleased with that. Mobs with torches and pitchforks never really proved to be that effective as an enforcement tool.

    Though I do think it'd be cool if dueling would make a comeback.
  8. MobileSuitPilotX

    MobileSuitPilotX Active Member

    Well, fundamental religious zealotry was the norm back in the 1600s-1700s, granted, but by the 1850s (just as a round figure) we had gotten away from the whole "burning at the stake" thing. Don't get me wrong, tremendous social pressure to conform still existed in our predominately rural America, but nobody was riding you out of town on a rail just because you didn't belong to one of the many local churches. Law enforcement existed then, but most stuff (especially regarding self-defense) was left to the people to sort out. That's what I was getting at, really. We need personal responsibility and the "teeth" to care for ourselves rather than letting Nanny Gummit do it, and doing it poorly, might I add. People need to be afraid to commit crimes again.

    And yeah, dueling should make a comeback, for sure.
  9. Standing Wolf

    Standing Wolf Member in memoriam

    Open carry.
  10. DesertEagle613

    DesertEagle613 Well-Known Member

    Speaking of dueling, I heard a rumor a few years back that dueling was legalized in Kentucky. Anyone know about this?
  11. tiberius

    tiberius Well-Known Member

    Around these parts I never hear anyone suggest that self defense may not be a right. The part that needs to be determined by a court/magestrate is IF an event is indeed self-defense. I think the "gray area" is just that sometimes bad guys claim self defense when it isn't and sometimes the good guy's actions are misinterpreted.
  12. tcsd1236

    tcsd1236 Well-Known Member

    Thats a barbaric society you describe. I would hope we have moved beyond impaling heads on spikes.
  13. sendec

    sendec member

    At least in Kentucky during the early 80's the oath of office for police officers required swearing that you had not nor would you participate in a duel. I am guessing that revising that particular codicil has not been high on the to-do list of the Kentucky legislature, darnit.

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