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I don't have the right to say something when I see someone breaking into my neighbor's car or home, stealing packages from someone's porch, vandalizing property, etc.? Not sure what country you live in, sport, but its not the USA. Or you don't understand your rights. I don't care which it is, but you are profoundly misinformed.
Saying something is different than initiating a confrontation that results in you stabbing the person, but again we don't know enough to conclude much of anything right now.
To successfully claim self-defense, the accused needs to establish three elements:
(1) that the victim acted with unlawful aggression towards them.
(2) that the means employed to repel the aggression were reasonable.
(3) that the accused did not provoke the aggression.
It also depends on the state. In NJ we have a “Duty to retreat” law, so confronting the thief would not fly for self defense. Guessing California is similar.
It also depends on the state. In NJ we have a “Duty to retreat” law, so confronting the thief would not fly for self defense. Guessing California is similar.
retreat from a guy stealing your car?
You supposed to hand him the keys and run away?
Excuse me sir, Would be please desist in stealing or damaging my car? Perp attacks and if you can't run away fast enough you just exposed your baxk to a criminal intending to do you harm fight back, you are guilty of breaking the retreat law in NJ
Law was amended not too long ago in conjunction with court forced permission to carry. Permits were impossible to get. Feds forced it on NJ. NJ decided to make rules so onerous for permit holders, the geds stepped in and invalidated all the obstacles nJ gov murphy put in the way
The law in New Jersey has a provision that requires the person to “retreat” IF at all possible.
Retreat does not apply to a home intruder. This generally applies to situations similar to a threat of physical attack in a public or commercial setting. Same advice applies if confronted by a black bear in NJ. How odd is that?
Saying something is different than initiating a confrontation that results in you stabbing the person, but again we don't know enough to conclude much of anything right now.
The student had the right to say something. Period. There is nothing to debate.
The student had the right to confront the suspect. Period. There is nothing to debate.
Did the student have a duty to retreat after the suspect threatened him? Depends on the state.
Was it self-defense? This is where it gets sticky and is open to debate, but to argue that the student didn't have the right to say anything to or confront the suspect isn't open to debate.
Excuse me sir, Would be please desist in stealing or damaging my car? Perp attacks and if you can't run away fast enough you just exposed your baxk to a criminal intending to do you harm fight back, you are guilty of breaking the retreat law in NJ
Law was amended not too long ago in conjunction with court forced permission to carry. Permits were impossible to get. Feds forced it on NJ. NJ decided to make rules so onerous for permit holders, the geds stepped in and invalidated all the obstacles nJ gov murphy put in the way
The law in New Jersey has a provision that requires the person to “retreat” IF at all possible.
Retreat does not apply to a home intruder. This generally applies to situations similar to a threat of physical attack in a public or commercial setting. Same advice applies if confronted by a black bear in NJ. How odd is that?
The articles say “breaking into cars” not specifically his.
“Choi told the Los Angeles Police Commission on Tuesday that the victim had been breaking into vehicles in the area when he was confronted by Gallegos off-campus.“
Another article: “Authorities say the Boyle Heights native, who is now in custody, and two friends witnessed the 27-year-old homeless man burglarizing cars. The 19-year-old reportedly confronted the man with a knife before stabbing him to death.”
“New Jersey recognizes a duty to retreat: people typically have a duty to de-escalate or separate themselves from a dangerous situation.“
Confronting a thief is the opposite of retreating. Not saying it’s right but I’d assume California is similar to NJ in that regard.
I think if someone steals from you, you absolutely have the right to take his life.
I’ll bet you this would stop 99.9% of all thefts if the criminals knew they could be killed for stealing.
Looters should be shot on sight, as well as porch pirates. Democrats are strongly against this though, as it would eliminate quite a few in their voting base.
Looters should be shot on sight, as well as porch pirates. Democrats are strongly against this though, as it would eliminate quite a few in their voting base.
You actually believe low level criminals vote?? I see this line of thought here a lot and it’s ridiculous.
The articles say “breaking into cars” not specifically his.
“Choi told the Los Angeles Police Commission on Tuesday that the victim had been breaking into vehicles in the area when he was confronted by Gallegos off-campus.“
Another article: “Authorities say the Boyle Heights native, who is now in custody, and two friends witnessed the 27-year-old homeless man burglarizing cars. The 19-year-old reportedly confronted the man with a knife before stabbing him to death.”
“New Jersey recognizes a duty to retreat: people typically have a duty to de-escalate or separate themselves from a dangerous situation.“
Confronting a thief is the opposite of retreating. Not saying it’s right but I’d assume California is similar to NJ in that regard.
You know what happens when you assume...
CA does not have a "Duty to Retreat" law. While CA doesn't have an actual "Stand your Ground" statute, general case law gives the right for someone to defend themselves if they feel they are in danger.
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