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originally posted in: Good law or bad law?
Edited by illqo : 7/9/2015 3:36:12 AM
1
I do like the section about no duty to retreat. I have read about cases where someone during a home invasion after defending themselves with deadly force were later arrested or sued for not running away. I do feel edgy about the section involving defense against public servants while in a vehicle, I can see that clause being misused to justify actions involving deadly force during vehicle based arrest since the officer would be operating under reasonable suspicion instead of a warrant. The home defense against a public servant is handled with issuance of a warrant at that point since they have been warned that their rights are being restricted due to court order and thus have no right to defense with deadly force ( aka you are getting arrested calmly and legally, shooting someone and claiming defense is stupid), though it does give some defense to the homeowner for actions taken during a "quiet" warrant (aka swat team kinda situation) because in the heat of the moment they will be acting in defense without knowledge of their being served a warrant. The good of this will hopefully actually limit the militarization of the police, the dependence on aggressive arrest could be tempered by the reaction and legal protections of the populace. Now, some of the militarization of police is justifiable, the criminal element is better armed, better equipped and trained and the police are doing their best to handle this acceleration. Actually I could go on about this quiet a bit, so before I make this wall any bigger I will break it up for later discussion. Tl;dr ehh kinda.
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