5 ms·

So there was an ex-felon with an illegally obtained firearm, who used it--albeit defensively--in a homicide, and that's prosecutorial aggression? We'll never k

by 16bytes 10y ago

So there was an ex-felon with an illegally obtained firearm, who used it--albeit defensively--in a homicide, and that's prosecutorial aggression? We'll never know for sure if the gun helped or hurt this man's family safety, as the mere presence of a gun can escalate a situation out of control. But even from the facts that you mention, it's hard to call this unnecessary prosecution.

iaw 10y ago
Not homicide, manslaughter by definition. There are two questions: 1) How much value was provided to society by prosecuting this man so aggressively? (a lesser sentence that allowed him to continue to work and care for his family would have seemed more beneficial for society) 2) Under the circumstances regarding law enforcement availability and his historic transgressions what was a lawful and economically feasible means for this man to protect his family? These men were intimating that they would rape his wife without going so far as to threaten it. When police respond to reports of a man with a gun by saying "call back once someone is shot then we can send someone," what are the options available to this man?
- 16bytes 10y ago
  Manslaughter may not have even been the harshest puninshment, since depending on the circumstances, you could argue the act was a death during the commission of a felony. IANAL, but jail time is not only protective, but punitive and a deterrent. Illegally obtained firearms are a huge problem in the US. You and I know only anecdotal details about this case so arguing about societal impacts and fair self-defense are pointless.
- cmdrfred 10y ago
  I question I ask and what so many fail to do is "If I was in this mans shoes, what would I do?” Do you allow your wife to live in fear and pray the police arrive in time? Or do you go ask your buddy down the street to loan you his pistol, show it to her in case she needs it, and let her know that she is protected? I simply wasn't raised to be the first man and given the facts as stated by the previous poster don't see any other course of action (assuming he is not wealthy enough to move). How do you live with yourself if she ended up raped?
  - iaw 10y ago
    That was the same conclusion that I reached, it's easy to prescribe justice and solutions from a vacuum protected by law enforcement, but in that actual situation I don't think I could've taken different actions from him.
  - 16bytes 10y ago
    There's a lot of if's here. My only point is that it didn't sound like an obvious overreach by prosecution. Would I risk gun ownership if I thought my family was in imminent danger? Without question. I would have even done so even if I risked significant jail time. But here, it's not just "borrowing" a firearm from a friend, it was an illegal purchase. Did this person look into restoring their gun-rights due to extenuating circumstances? Was justice served? Hard to said because, as I said, we don't have all of the information. But it's also hard to say that somebody convicted of felon in possession of a firearm, who was in fact both a felon and in possession of a firearm, was an abuse of the legal system.

by 16bytes 10y ago

iaw 10y ago

Not homicide, manslaughter by definition. There are two questions: 1) How much value was provided to society by prosecuting this man so aggressively? (a lesser sentence that allowed him to continue to work and care for his family would have seemed more beneficial for society) 2) Under the circumstances regarding law enforcement availability and his historic transgressions what was a lawful and economically feasible means for this man to protect his family? These men were intimating that they would rape his wife without going so far as to threaten it. When police respond to reports of a man with a gun by saying "call back once someone is shot then we can send someone," what are the options available to this man?

16bytes 10y ago
Manslaughter may not have even been the harshest puninshment, since depending on the circumstances, you could argue the act was a death during the commission of a felony. IANAL, but jail time is not only protective, but punitive and a deterrent. Illegally obtained firearms are a huge problem in the US. You and I know only anecdotal details about this case so arguing about societal impacts and fair self-defense are pointless.
cmdrfred 10y ago
I question I ask and what so many fail to do is "If I was in this mans shoes, what would I do?” Do you allow your wife to live in fear and pray the police arrive in time? Or do you go ask your buddy down the street to loan you his pistol, show it to her in case she needs it, and let her know that she is protected? I simply wasn't raised to be the first man and given the facts as stated by the previous poster don't see any other course of action (assuming he is not wealthy enough to move). How do you live with yourself if she ended up raped?
- iaw 10y ago
  That was the same conclusion that I reached, it's easy to prescribe justice and solutions from a vacuum protected by law enforcement, but in that actual situation I don't think I could've taken different actions from him.
- 16bytes 10y ago
  There's a lot of if's here. My only point is that it didn't sound like an obvious overreach by prosecution. Would I risk gun ownership if I thought my family was in imminent danger? Without question. I would have even done so even if I risked significant jail time. But here, it's not just "borrowing" a firearm from a friend, it was an illegal purchase. Did this person look into restoring their gun-rights due to extenuating circumstances? Was justice served? Hard to said because, as I said, we don't have all of the information. But it's also hard to say that somebody convicted of felon in possession of a firearm, who was in fact both a felon and in possession of a firearm, was an abuse of the legal system.