While we're at it, tell me about Michigan

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I've reviewed these, plus done searches on the Michigan Legislature site of the MCL's and cannot find anything pursuant duty to retreat or what constitutes a 'good shoot'

I don't believe it is a statutory duty. IIRC, it is either a common law duty or it is in the jury instructions for self-defense. I will look it up later this week when I have more time. You have to remember that you only have to retreat when you can safely do so. I believe it is to prevent people from chasing the BG down and shooting him in the back. Additionally, most prosecutors don't like criminals and won't go out of their way to harass citizens that are acting in self-defense.
 
Argument????

Mr Bray,

I never started or intend to start an argument however, I guess based on the dictionary definition we are.

ar·gu·ment (är“gy…-m…nt) n. 1.a. A discussion in which disagreement is expressed; a debate. b. A quarrel; a dispute. c. Archaic. A eason or matter for dispute or contention. 2.a. A course of reasoning aimed at demonstrating truth or falsehood. b. A fact or statement put forth as proof or evidence; a reason

That was never my intent. I also do not believe that asking where someone is from, is a start of an argument.

Also you never answered my question on what you have done to protect or preserve your right to free speech. Is this because you are relying on others to do so for you. In that case, you are welcome.

One last thing, I had a piece of advise given to me which does apply here.

"Do not argue with a fool, he will lower you to his level and then beat you with experience".

Based on this I will not pursue this topic any further. Good luck Mr. Bray, in all of your endeavors and whereever you may decide to live.

Sincerely,

Eric
 
The REAL things you need.
1) A Chevy or Ford truck (never to be washed...ever)
2) One flannel shirt
3) McKenzie Brothers video or "Fargo" - to get the lingo down eh....don't ya know. :neener:
 
In Cedar Springs, Michigan, a couple of years ago. A drunken, babbling young man was in the back yard of a homeowner. He was approaching the individual's house mumbling threats and invectives. The homeowner stepped outside his slider onto the deck and advised the trespasser to leave. The homeowner advised him that he was armed. The homeowner went back into the house, retrieved a handgun and told his wife to call police. The intruder came up on the homeowner's deck and continued to approach the door, continuing to mumble threats and invectives. The homeowner shot him and the trespasser staggered into the yard and died.
The police did not show up until about a half hour later.
The prosecutor declined to charge the homeowner, as in Michigan, a deck is considered your home. The homeowner did not have to retreat inside his house, although he did. The homeowner believed he and his family were in danger of their lives and was found to have taken the appropriate action.
I believe one should never, ever resort to shooting someone unless you believe in your heart of hearts that it is necessary. You will be judged by an authority if you do. You need to understand that. If you do what you think is right, you can only stand on that.
In the above case, I would have done exactly what the homeowner did except when I went back into the house after the warning, I would have locked the door. If the trespasser started to try and enter, I would have killed him. I would have waited longer than the homeowner did. But that is just what I would have done, probably because of the expereience that I have had with violence. Each man will be judged by the action he takes based on the threat that he his comfortable with handling. One should spend some time thinking about this so that if the time comes, one will take the appropriate action with a clear conscience and a firm purpose.
 
Chuck was sitting in an airplane when another fellow took a seat beside him. The new guy was an absolute wreck...pale, hands shaking, biting his nails and moaning in fear.

"Hey pal, what's the matter?" Chuck asked.

"Oh man...I've been transferred to Michigan," the other guy answered,
"there's crazy people in Michigan...and they have shootings, gangs, race riots, drugs, the highest crime rate..."

"Hold on" Chuck interrupted, "I've lived in Michigan all my life and it is not as bad as the media says. Find a nice home, go to work, mind your own business, enroll your kids in a good school and it's as safe as anywhere in the world."

The other passenger relaxed and stopped shaking for a moment and said,
"Oh thank you. I've been worried to death but if you live there and say it's OK, I'll take your word for it. What do you do for a living?"

"Me?", said Chuck, "I'm a tail gunner on a bread truck in Dearborn."
 
YOU KNOW YOU'RE FROM MICHIGAN IF:

1. You've never met any celebrities.
2. "Vacation" means going to Cedar Point.
3. At least 1 member of your family disowns you the week of the Michigan/Michigan State game.
4. Half the change in your pocket is Canadian....eh?
5. You drive 86 mph on the highway and pass on the right.
6. Your idea of a traffic jam is 40 cars waiting to pass an orange
barrel.
7. You know how to play (and pronounce) Euchre.
8. It's easy to get VERNOR'S ginger ale and SANDERS hot fudge sauce,and Faygo pop.
9. You know how to pronounce "Mackinac".
10. You've had to switch on the "heat" and the "A/C" in the same day.
11. You bake with SODA and drink POP.
12. The movie "Escanaba in Da Moonlight" wasn't funny.You consider it a documentary.
13. Your little league game was snowed out.
14. The word "thumb" has geographical, rather than anatomical significance.
15. You show people where you grew up by pointing to a spot on your right and.
16. Traveling coast-to-coast means driving from Port Huron to Muskegon.
17. You measure distance in minutes.
18. When giving directions, you refer to "A Michigan Left."
19. You know that Kalamazoo not only exists, but isn't far from Hell.
20. Your year has 2 seasons: Winter and Construction.
21. Home Depot on any Saturday is busier than toy stores at Christmas.
22. You know when it has rained because of the smell of worms.
23. Owning a Japanese car was a hangin' offense in your hometown.
24. You believe that "down south" means Toledo.
25. You probably know the words to The Wreck of the Edmund Fitzgerald.
26. You know what someone is refering to when they say "Por-churn".
 
Michigan Temprature Conversion Chart

@ +70 degrees
Texans turn on the heat and unpack the thermal underwear.
In Michigan, people go swimming in the lakes.
@ +60 degrees
North Carolinians try to turn on the heat.
People in Michigan plant gardens.
@ +50 degrees
Californians shiver uncontrollably.
People in Michigan sunbathe.
@ +40 degrees
Italian & English cars won't start.
People in Michigan drive with the windows down.
@ +32 degrees
Distilled water freezes.
Lake Michigan water gets thicker.
@ +20 degrees
Floridians wear coats, underwear, gloves, and woolly hats.
People in Michigan throw on a flannel shirt.
@ +15 degrees
Philadelphia landlords finally turn up the heat.
People in Michigan have the last cookout before it gets cold.
@ +10 degrees
People in Miami all die.
People from Michigan lick a flagpole.
@ 0 degrees
Californians fly to Mexico.
People in Michigan look for their winter coats.
@ -20 degrees
Hollywood disintegrates.
The Girl Scouts in Michigan are selling cookies door to door.
@ -60 degrees
Polar bears begin to evacuate the Arctic.
Michigan Boy Scouts postpone "Winter Survival" classes...
until it gets cold enough.
@ -80 degrees
Mount St. Helen's freezes.
People in Michigan rent some videos.
@ -100 degrees
Santa Claus abandons the North Pole.
Michiganians get frustrated because they can't thaw a keg.
@ -297 degrees
Microbial life no longer survives on dairy products.
Cows in Michigan complain about farmers with cold hands.
@ -460 degrees
ALL atomic motion stops (absolute zero in the Kelvin scale).
People in Michigan start saying, "Cold 'nuff for ya?"
@ -500 degrees
Hell freezes over.
The Detroit Lions win the Super Bowl!!!
 
No, licking flagpoles is never a good idea.

On the other had, it was 30 and snowing the other day, and I was wearing a T-Shirt, shorts and sandals to class. The out-of-staters did think I was crazy.
 
Crazy gun things in Michigan

A few years ago a man and his grown son where in an all night Chinese restaurant, when some young man came in and started trouble threatening other customers, etc. The father went home to his apartment, got his gun came back and shot the troublemaker. The dead trouble maker whose nickname was "Killer" , was described as a "good kid". Don't believe the shooter did any jail time. oh......this was in Muskegon.
Another, a guy was sitting on his couch, legs up on the coffee table, pistol laying on the table. He's verbally abusing his wife. She threatens to shoot him. He laughs at her. She picks up the gun, one shot, right in the forehead.
Got off on self defense even though there had been no police reports of her being abused. bet he had a millisecond to think "aw s*****t"
this was in Muskegon also.
I'm not quite sure what this says, but it's interesting :confused:
 
Duty to Retreat

Duty to Retreat/Reasonable Means of Escape

I e-mailed the State Law Library in regards to this an the reply is as follows:

Your question has been forwarded to the State Law Library.

Thank you for your inquiry. Michigan Compiled Laws, section 764.16, permits a private person to make an arrest, but it does not address the use of force or the duty to retreat. For your convenience, we have attached a copy of MCL section 764.16 for your review.

According to the Defender Trial Book, published by the State Appellate Defender Office:

"One who is within his dwelling house has no duty to retreat and may use deadly force in self-defense
as long as the use of deadly force is reasonably necessary. However, the dwelling house exception is
limited to the home and its attached appurtenances, and does not extend to the outlying areas within
the curtilage of the home. People v Riddle, 467 Mich 116 (2002)."

"An illegal and forceful entry into one's home is enougt to justify use of deadly force where the
occupant fears for his or her safety. Proof of a separate assault after the forcible entry is not
necessary. People v Kohler, 113 Mich App 594 (1981)."

These two cases were decided by the Michigan Supreme Court and Court of Appeals, respectively. If you wish to conduct further case law research, we encourage you to visit a law library or seek the services of an attorney. We have attached a list of Michigan law libraries that are open to the public. You may also visit the Michigan Courts website at www.courts.michigan.gov.

Information provided here should not be considered a substitute for legal research or for obtaining the professional services of an attorney.

PLEASE NOTE: As of January 12, 2004, the new hours of the Library of Michigan, State Law Library are 1:00 to 5:00 p.m. Monday through Friday. Consequently, our response time may be somewhat slower. The reduced hours are the result of budget constraints and staffing shortages. We regret any inconvenience to our patrons, and welcome your questions and comments.

Library of Michigan
State Law Library
525 W. Ottawa St.
P. O. Box 30007
Lansing MI 48909
Phone: (517) 373-0630
Fax: (517) 373-3915
E-mail: [email protected]
 
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