O/T burglaries.

[Brin]

I assume in this scenario Brin that the the Millers had just lost at home again?

No pal, it may be that the large sturgeon at my local lake had snapped my line again

[CAMiller]

Kerr, good evening. Apologies for jumping in on this but I need some advice. The words 'disproportionate force' can go how far?

example: Burglar breaks into my home armed with say a baseball bat. We meet up, he goes to assault me with the bat but I wrestle it from him. I then batter the living s.hit out of him, though not killing him. I then phone the police. Will I be charged with assault bearing in mind this burglar's intent was to physically harm me?

How about this one. You go into a petrol station leaving your wife and child in the car. When you come out you find a self appointed 'parking Nazi' remonstrating with your wife because you'd parked in a disabled spot. You get into an altercation and shove the guy to the ground and are about to walk away but he pulls a gun and shoots you. What do you do? Nothing, because you are dead and he's about to be sentenced to 30 years. Just happened in Florida.

[Brin]

How about this one. You go into a petrol station leaving your wife and child in the car. When you come out you find a self appointed 'parking Nazi' remonstrating with your wife because you'd parked in a disabled spot. You get into an altercation and shove the guy to the ground and are about to walk away but he pulls a gun and shoots you. What do you do? Nothing, because you are dead and he's about to be sentenced to 30 years. Just happened in Florida.

CAM, I've seen and read this story and also seen the video of the gunman putting two bullets into the dead person. The gunman had a licence to carry the gun but, albeit the very large 'black' guy, and maybe this was a provoke, shoved him to the ground he did little more to follow up in a total assault.

What you've failed to add is this gunman has had 4 previous charges of assault with a weapon dropped against him!
It was only a matter of time before he used it in a deadly fashion. I say gas, shoot, lethally inject this scum as it is what he deserves.

There's altercation that can be sorted by the US law and this murdering scumbag never sought the support of the law as he thought he was the law.

[Pattylallacks2]

How about this one. You go into a petrol station leaving your wife and child in the car. When you come out you find a self appointed 'parking Nazi' remonstrating with your wife because you'd parked in a disabled spot. You get into an altercation and shove the guy to the ground and are about to walk away but he pulls a gun and shoots you. What do you do? Nothing, because you are dead and he's about to be sentenced to 30 years. Just happened in Florida.

Yes, a very controversial verdict given the "Stand your Ground" defence put forward. Still got some time to run this one I think.

[Exiletyke]

You still seem intent upon making an arse of yourself.

I correctly stated the law - a householder is permitted to use disproportionate force in defence of himself or his property. Why do you want me to apologise for correctly setting out the position?

We have come full circle because you did not correctly set out the position
It's you Cur who is making an arse of yourself
Does the law state that grossly disproportionate force would not be a defense
To use court language just answer yes or no

[Brin]

I don't give legal advice, but will talk hypothetically..

If the case were charged it would be for a jury to decide whether the force that you used was reasonable in the circumstances that you believed them to be. The jury would also be told that your use of force would not be unreasonable simply by virtue of it being disproportionate.

I don't think there is a jury in the country that would find you guilty and, frankly I don't think it would get that far - the CPS would, I think, be very unlikely to charge and a judge might well stop the case if they did.

Thanks for the reply.

[Grist_To_The_Mill]

Thanks for the reply.

And Google agrees Brin

[Pattylallacks2]

CAM, I've seen and read this story and also seen the video of the gunman putting two bullets into the dead person.

Don't want to be picky here Brin, but I don't think the person was dead until AFTER the gunman put two bullets into him.

[Grist_To_The_Mill]

Don't want to be picky here Brin, but I don't think the person was dead until AFTER the gunman put two bullets into him.

Unless it was JFK

[Pattylallacks2]

Unless it was JFK

Who was shot from the comfort of a Parker Knoll