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chocolate
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Does anyone else feel that we have the right to defend our house or ourselves if our house is burgled. I was appalled when I heard about the guy who went to prison for shooting a burglar in his house. Is this just my sadistic nature...or does anyone else agree?

"Chocolate juice happens to be tasty"


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Kolona
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"Feeling" has nothing to do with it. We have a firm, Second Amendment, Constitutional right to it.

You might not be from London, Kentucky, however. Maybe London, Ontario or London, England, which latter is where at least one of that type of scenario has happened--among countless other additional types.

In that case, let's go back to Blackstone's 1768 Commentaries on the Laws of England: "The rights of self-defence is the first law of nature {sic}...when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

It's the mentality like one anti-gunner in NY that has led to England's and Australia's crime surges: To deal with armed assailants, she suggests telling them that you know they're upset, and being compassionate and relating to them. (No smiley face here.)

Interesting that England's police, who never carried guns when the populace was armed, now have armed themselves from the prevailing lawlessness resulting from disarming the people. Criminals know they have free rein.

No, you're not a sadist. The sadists are those who strip people of their means of defense. I understand even Ghandi wrote, "I do believe that, where there is only a choice between cowardice and violence, I would advise violence."

Take heed, folks. Like Patrick Henry said, "Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense?"

[This message has been edited by Kolona (edited January 08, 2003).]

[This message has been edited by Kolona (edited January 08, 2003).]


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Survivor
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Ahem

The Second Ammendment doesn't say anything about having a right to shoot burglars.

That said, we do have a right to defend ourselves against criminals, and all reasonable governments recognize that right (by definition, any government that deny the right of self defense is unreasonable).

Of course, even reasonable governments can set limits on how far the right of self defense extends. For instance, if a burglar has already been subdued and restrained (say you've used a frying pan and foot locker to good effect already) and you shoot him at that point, even a very liberal interpretation of the right of self defense would have to exclude your action. Shooting an unconscious man that you have locked in a box is beyond unsporting, unless you've given him a fair trial before his peers.

That said, I sincerely doubt that anything like this circumstance prevailed when this burglar was shot. I rather suspect that he was roaming about unrestrained in the darkness in a frankly threatening manner, such a burglars are won't to do on gaining access to a house.


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Kolona
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quote:
The Second Ammendment doesn't say anything about having a right to shoot burglars.

If we have a right to bear arms, it's only reasonable there's a reason for us to do so, and hunting is not at the top of the list. If we claim the 2nd Amendment gives us no right to shoot burlars, then we end up parsing the amendment to say we have a right to bear arms, but not use them.

quote:
we do have a right to defend ourselves against criminals, and all reasonable governments recognize that right

Trouble is, there's too much unreasonableness in governments today, eg, our Supreme Court ruled that criminals can't be required to register their guns or be charged with possession of unregistered guns. Only the law-abiding must comply. (I am not making this up.)
By the very act of disarming its people, a government unreasonably denies their right to defend themselves against criminals.
And keep in mind that, at least in the US, police have no legal duty to prevent crime or protect victims -- courts have upheld that fact, too.

Sure, there's a "reasonable force" issue, but that presumes the right to shoot the burglar in the first place.


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Straws
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It's simple- wait until it looks like the criminal looks ready to attack, then shoot them. Self defense. Or, if you're alone, shoot them immeadiately, go into your kitchen and find your biggest knife, and curl it up in their hand. They'd have no reason to investigate further, no evidence against you, and actually quite a substantial reason not to even bring you up in court.
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Kolona
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The thing is, Straws, when the government outlaws guns and you shoot a burglar even in your home, you go to jail because you had a gun. If you get robbed and/or killed, that's ok, as long as you didn't have a gun. Now, if the burglar would wait while you go down and get a knife, that would be great. Maybe we should make that a law. Or maybe you could sleep with a knife under your pillow.

There's also the fact that guns are considered a great equalizer for women who generally have less strength and body mass, so even having a knife for a woman could be disastrous. Ditto the elderly.

Bottom line, what you subsidize, you get more of. Disarming people is, in effect, subsidizing crime because it removes deterrence. Common sense and surveys of criminals say so. People have a right to self defense.

[This message has been edited by Kolona (edited January 09, 2003).]


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cvgurau
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I'm going to paraphrase a few words from Bruce Willis in THE KID...

I want guard dogs. Guard dogs so mean, their trainers would be affraid to come down here.

At least, I think that's it...

Or get a baseball bat. Then beat the burglar bloody. That's always fun.

Chris.


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Kathleen Dalton Woodbury
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I'm wondering what all this has to do with writing.

Not only that, but the topic of this discussion was brought up without any documentation.

If this actually happened, and was actually reported in the media, it would be nice to know where and when.

Also, I can guarantee to everyone here that there is more to the story than we were given at the beginning of this discussion, and I'd be willing to bet that even if we did know all that was reported in the media, we still wouldn't know the whole story.

This is a rather wild discussion regarding something on which we have been told very little.

And since I still don't understand what it has to do with writing, I'm seriously considering closing the whole topic down and deleting it.


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Kolona
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This is not even the incident I had in mind, but apparently it's the latest:
http://news.bbc.co.uk/1/hi/england/2074077.stm
Also see: 1968 Supreme Court decision, Haynes v. U.S.;
NY Court of Appeals, Riss v. City of New York, 240 N.E.2nd 860 (N.Y. 1967);
http://www.foxnews.com/story/0,2933,59866,00.html;
and many others

[This message has been edited by Kolona (edited January 09, 2003).]


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Rahl22
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This doesn't really relate. I'm not trying to be a dick about this, but this is a writer's workshop. That's why it's not even called a forum anymore -- because it's not.
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Survivor
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True. If we were talking about those sneaking plagerists that root through our computers in the night to steal our stories, and whether we were allowed to shoot them...I'm still not sure that this would have anything to do with writing.

On the other hand, I have to disagree that there is necessarily "more to the story than we were given at the beginning of this discussion," ever since I actually read some of the material that passes for judicial reasoning in this country (the best I can say is that we don't win the prize for stupidest judges ever...but that's really not saying much).

Go ahead and write an "if this continues" story about it, if you like. You'll never beat that Emperor who outlawed knives


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Kolona
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How about arresting a homeowner for scaring off burglars with a toy gun? See bulleted items in http://www.reason.com/0211/fe.jm.gun.shtml

Actually, I'm curious about

quote:
I'd be willing to bet that even if we did know all that was reported in the media, we still wouldn't know the whole story.
. Isn't that true of any news story? And we can probably blame a group of writers for that -- reporters. That's why it's important to get news from more than one source -- and that doesn't mean three different networks that all quote AP and UPI.

No, this has nothing to do with writing directly, but a question was asked. Still, there is the concern about loss of rights today, and freedom of speech and of the press, which includes publishing, is on the block as well. Just check out some of the so-called "hate speech" arguments.

But I won't go there. Kathleen's already on edge.


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