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Spicy nuanced take: the definition of rape has become a spectrum, encompassing violent, overwhelming force to nonviolent deception and everything in between. So the quoted statement can be correct in some scenarios, but wrong in others.
If you’re the victim of a violent assailant, you can and should be able to use any amount of force necessary, up to including deadly force, to escape. But turning up and wasting some dude because he stealthed you last week is unquestionably murder.
Self defense is a legal defense. That means the person claiming that they were acting in self defense is going to be doing that, at trial, in front of a jury. That means they have been charged with murder and the jury has to decide whether the defendant was acting reasonably when they killed them. What that means specifically, depends on jurisdiction.
They could also be guilty of a lesser crime than first degree murder. There are knowing, reckless, and acting under extreme duress versions of homicide in most places. All of which still carry jail time.
Having argued self defense in front of a jury, I think it should always be an option for them so long as it makes some kind of sense for the facts.
If I was in court for killing a rapist, what makes you think I would care about going to jail at that point? The system would still be wrong for doing it regardless.
Did you know that legal does not equal moral, just or true?
Also in civilized countries, self defense is only valid if you’ve exhausted every possible opportunity to retreat.The idea of “stand your ground” laws in the US is widely to considered to contribute to a violent society rather than deter.
For example in Florida in an instance of road rage a man fired a gun at another vehicle. Since the victim has no obligation to retreat, and even had his own weapon, he simply returned fire. So there’s a shootout in the middle of the street in broad daylight with innocent people around.
Spicy nuanced take: the definition of rape has become a spectrum, encompassing violent, overwhelming force to nonviolent deception and everything in between. So the quoted statement can be correct in some scenarios, but wrong in others.
If you’re the victim of a violent assailant, you can and should be able to use any amount of force necessary, up to including deadly force, to escape. But turning up and wasting some dude because he stealthed you last week is unquestionably murder.
Self defense is a legal defense. That means the person claiming that they were acting in self defense is going to be doing that, at trial, in front of a jury. That means they have been charged with murder and the jury has to decide whether the defendant was acting reasonably when they killed them. What that means specifically, depends on jurisdiction.
They could also be guilty of a lesser crime than first degree murder. There are knowing, reckless, and acting under extreme duress versions of homicide in most places. All of which still carry jail time.
Having argued self defense in front of a jury, I think it should always be an option for them so long as it makes some kind of sense for the facts.
It’s not self defense of immediate threat has ended. You can’t take retributive action after the fact and call it self defense.
Okay, I’ll take a shot at this: I assert that you can and that the laws should be updated to account for that fact.
You go ahead a assert that all you want in a courtroom, see how far you get.
If I was in court for killing a rapist, what makes you think I would care about going to jail at that point? The system would still be wrong for doing it regardless.
Did you know that legal does not equal moral, just or true?
Also in civilized countries, self defense is only valid if you’ve exhausted every possible opportunity to retreat.The idea of “stand your ground” laws in the US is widely to considered to contribute to a violent society rather than deter.
For example in Florida in an instance of road rage a man fired a gun at another vehicle. Since the victim has no obligation to retreat, and even had his own weapon, he simply returned fire. So there’s a shootout in the middle of the street in broad daylight with innocent people around.
That stuff doesn’t happen in safe societies.
Holy fuck, you’re naive. Naive to the point of being a danger to the human beings around you.
Go have a read about self defense laws around the world.
America is the naive one here.