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Old June 30, 2009, 11:12 AM   #8
A_McDougal
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Join Date: May 1, 2009
Posts: 48
I think the sentence was appropriate. Drunks should be judged the same as sober folks for their actions in public. But in their own home, the standard should be what a reasonable person of the same level of intoxication would do.

It is legal to drink at home, or drink in a bar and safely come home. Likewise, it is legal to take sleeping pills, or allergy pills, or pain meds. It isn't ok to be mentally-altered and go drive a vehicle, but being legally altered and home should be ok. Moreover, people shouldn't forfeit their rights to self-defense and defense of property because they are intoxicated or because they have a mental disease (e.g. diabetic shock, stroke, fever, insomnia).

Persons who trespass should bear the major burden of the risks of their trespass, including the risk that a drunk person might respond inappropriately. To a major extent, persons in their own home should be excused from their inappropriate spontanteous and passionate reactions when they took reasonable and appropriate steps to prevent the inciting action from occurring.
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