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Old July 22, 2012, 06:54 PM   #40
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,201
Originally Posted by Nanuk
...A genuine self defense situation is fairly easy to discern from a made up SD situation...
Really? Try telling that to --

This couple, arrested in early April and finally exonerated under Missouri's Castle Doctrine in early June. And no doubt after incurring expenses for bail and a lawyer, as well as a couple of month's anxiety, before being cleared.

Larry Hickey, in gun friendly Arizona: He was arrested, spent 71 days in jail, went through two different trials ending in hung juries, was forced to move from his house, etc., before the DA decided it was a good shoot and dismissed the charges.

Mark Abshire in Oklahoma: Despite defending himself against multiple attackers on his own lawn in a fairly gun-friendly state with a "Stand Your Ground" law, he was arrested, went to jail, charged, lost his job and his house, and spent two and a half years in the legal meat-grinder before finally being acquitted.

Harold Fish, also in gun friendly Arizona: He was still convicted and sent to prison. He won his appeal, his conviction was overturned, and a new trial was ordered. The DA chose to dismiss the charges rather than retry Mr. Fish.

Gerald Ung: He was attacked by several men, and the attack was captured on video. He was nonetheless charged and brought to trial. He was ultimately acquitted.

Some good folks in clear jeopardy and with no way to preserve their lives except by the use of lethal force against other humans. Yet that happened under circumstances in which their justification for the use of lethal force was not immediately clear. While each was finally exonerated, it came at great emotional and financial cost. And perhaps there but for the grace of God will go one of us.

And note also that two of those cases arose in States with a Castle Doctrine/Stand Your Ground law in effect at the time.

Originally Posted by Nanuk
...You, of course cannot totally rule out the ambitious political career of a prosecutor...
Or a prosecutor doing his job.

The prosecutor, just as any good lawyer, will use whatever is useful, within the rules, to further the interests of his client. In the case of a prosecutor, his client is the state, and his client wants a conviction.

And a prosecutor, particularly a politically ambitious one, generally won't be pursuing a case unless he thinks he can reasonably expect a conviction. Losing cases doesn't help one's career.

Originally Posted by Nanuk
...Of course I have lived in conservative middle America and will continue to so. The value system is a little different here VS the left and right coasts, that also plays a role in the perception of anything you do.
Tell that to the couple in Missouri, or Mark Abshire (Oklahoma), or Harold Fish (Arizona), or Larry Hickey (also Arizona).
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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