If you shoot an attacker, aren't you presuming guilt?

[Forever_frost]

http://hotair.com/archives/2011/11/02/video-dumbest-self-defense-question-ever/

CRAIG MELVIN, NewsNation guest host: If women are shooting potential attackers, aren’t they presuming guilt before innocence? What if a woman kills an attacker? Isn’t that opening another whole legal can of worms?

Sheriff CHUCK WRIGHT, Spartanburg, S.C.: Well, it’s easy to fix that. Just don’t attack a woman…. I know that this is controversial, but I do believe that people who believe in the Second Amendment and believe that they should arm themselves have a right to do so, as long as they’re trained properly.

[jnobles06]

look to the "use of force" model. you can legally shoot someone if you think you are in considerable amount of danger at the time of the incident, not hindsight.

[SMEGMA STENCH]

Here in Texas, you can legally shoot someone if you even think someone else is in danger. If I witness a rape, attempted rape, robbery, attempted robbery... the list goes on for reasons you can kill someone. There doesn't even have to be a person under threat of harm. You can kill over theft of tangible property. Its already in the law, so don't attack women and you won't get shot. Anyone questioning this is simply some fag gun grabber who doesn't deserve to live.

[Bassics]

Jesus you are stupid.

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

[onemeangixxer7502]

Jesus you are stupid.

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

LOL

Here in Texas, you can legally shoot someone if you even think someone else is in danger. If I witness a rape, attempted rape, robbery, attempted robbery... the list goes on for reasons you can kill someone. There doesn't even have to be a person under threat of harm. You can kill over theft of tangible property. Its already in the law, so don't attack women and you won't get shot. Anyone questioning this is simply some fag gun grabber who doesn't deserve to live.

With your CCL you can blast some one else committing a violent crime? Here in Ok they have to directly threaten you and you meet it with equal force. Vigilante stuff is a no no here.

[Bassics]

Note he didn't even mention CCL as a requirement.

[Pro88LX]

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

Not exactly

http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378F.htm

[Pro88LX]

With your CCL you can blast some one else committing a violent crime? Here in Ok they have to directly threaten you and you meet it with equal force. Vigilante stuff is a no no here.

you don't need to have a CHL to use deadly force to protect yourself/someone from being killed/raped/robbed etc.......

[Bassics]

Not exactly
http://www.capitol.state.tx.us/tlodo...l/SB00378F.htm

What do you mean not exactly?

You listed the outlines of defense against prosecution, as is a defense of mental incompetence. In fact it works pretty much the same as a defense of accidental homicide in a manslaughter case.

[ceyko]

This thread ought to get interesting. Anyway, I really like the thought process of; if you don't want to get burnt, don't jack around with fire. Real simple stuff sometimes.

[juiceweezl]

Jesus you are stupid.

Killing someone is murder. That is what the law says. There is no "list" of valid reasons to kill someone in texas penal code. There are defenses to prosecution only.

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.

[BERNIE MOSFET]

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.

That's the legal perspective. As the law is written, killing someone is always illegal; there are prescribed defenses to prosecution. Under no circumstances should anyone assume carte blanche in killing someone because some hot shot prosecutor can ruin your day really fast, even if it was justifiable.

As I understand it, you basically have to waive 5th amendment and testify against yourself to prove defense against prosecution. That's why you shut your mouth after you pop someone, get an attorney, and pray like hell that no one digs up a post you made on the internet about shooting to kill.

[onemeangixxer7502]

you don't need to have a CHL to use deadly force to protect yourself/someone from being killed/raped/robbed etc.......

It seems fairly implied that he would be carrying, because everything he listed could have been covered under a home invasion.Is texas an open carry state, even then you have to have some sort of license don't you?

[BERNIE MOSFET]

It seems fairly implied that he would be carrying, because everything he listed could have been covered under a home invasion.Is texas an open carry state, even then you have to have some sort of license don't you?

Unless I missed the passage of the legislation for open carry, Texas isn't an open carry state.

[Bassics]

Killing someone is murder? Why don't we prosecute every soldier that has ever killed someone in action? There are justifiable reasons to use force that is deemed necessary for safety. If someone puts me in a life threatening situation and I shoot them (and it'll be shoot to kill), then I have not committed murder and will not be prosecuted as such.

That is the conventional wisdom fallacy. Read up on how a murder defense operates. It is interesting. Self defense is a defense to prosecution, not an exception to the law, just like an insanity defense. Don't put your emotion into it, the law is intended to be objective. And yes, you can be prosecuted no matter how justifiable it may be. In many cases you most likely will be.