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Tandemkross

Author Topic: Procedures for Victims of Criminals attacks  (Read 1376 times)

Offline Chazzar10

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Procedures for Victims of Criminals attacks
« on: August 20, 2011, 04:46:17 PM »
Why do victims of criminal attacks have to go thru several steps to stop it? I have watched on defensive programs on TV and read numerous articles in self defence mags that victims must retreat somewhere and tell the attacker that they are armed and if they continue their attack that the victim considers it a threat to their lives and will defend themselves. This also should take place while on the phone to 911 so your warning is recorded, and can be used to show that you gave a warning to the criminal, if charges are brought against the you, hummm.

Why do lawmakers and polititians make laws to help the criminals? like: you have to retreat, give warning of your being armed, using unreasonable force, thats very vage. Try to escape, to where? The criminal is given a free run on how they conduct their attacks on innocent victims, When they kill, rape, assult and rob you. I have yet to see law makers give a list of procedures how to conduct their illegal activities without harming anybody to much. like, don't use force just ask for what you want from the victim! two: announce thier intent before entring your house example: if their going to steal your belongings or if they intend on killing you etc. This is something I just had to point out.

« Last Edit: August 20, 2011, 08:15:03 PM by Chazzar10 »
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Procedures for Victims of Criminals attacks
« on: August 20, 2011, 04:46:17 PM »

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Offline GunLink

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Re: Procedures for Victims of Criminals attacks
« Reply #1 on: August 21, 2011, 12:12:57 AM »
I agree that for a long time (up to and including right now), many laws do make it very hard for the victim of a crime to protect him/herself, their family, their belongings, etc.  Many places do have the "duty to retreat" and other laws that make victims easy prey.  While we're still far from perfect, things are getting better and will (hopefully) continue to do so as long as people continue to contact their law makers and express their opinions.  Creating threads like this is a great way to spread the word. 

Thankfully, many locales have in place what is called the Castle Doctrine which often removes the duty to retreat with a "Stand Your Ground" clause.

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A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English common law that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

I moved this thread from the South Dakota JPFO forum since, as far as I can tell, it is not SD specific and the JPFO forum mod was interested in keeping that forum more along the lines of grassroots action and JPFO member locating.

From the above linked article:
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As of the 28th of May, 2010, 31 States have some form of Castle Doctrine and/or Stand Your Ground law. Alabama, Alaska, Arizona, California, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Montana, Nebraska, New Hampshire, and Washington) are currently considering "Stand Your Ground" laws of their own.

So if you did have South Dakota in particular in your mind, they do have some form of the Castle Doctrine codified in South Dakota Codified Laws Chapter 22-16-34 which reads:  "Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is."




Be sure to let the people around you know about these types of laws.  Refuse to be a victim.  Contact your representatives and let them know how you feel about the presence or absence of such laws and how they affect your rights to be safe from harm done by criminals.

Offline Chazzar10

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Re: Procedures for Victims of Criminals attacks
« Reply #2 on: August 23, 2011, 09:24:42 PM »
I have been doing that also, I get a written response that these Reps. understand how I feel but they are going to continue to support what they think is right and not what is Constitutional law right. But I'm not going to give up!
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Offline Uncle Buck

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Re: Procedures for Victims of Criminals attacks
« Reply #3 on: September 13, 2011, 08:44:57 AM »
I understand your pain.  Luckily I live in a Castle Doctrine State and, God Forbid, should I ever have to defend myself or my family, my first words are going to be "I was scared for my life, I thought he was going to kill me!"

Criminals have rights and that is important.  Everyone should have their day in court and not just be automatically convicted.  Unfortunately, although victims are also protected, it does take them through the ringer to prove they are the victim.

People play both sides of the card to achieve what they want.  I had a lady who wanted to press rape charges against a man.  By the time the investigation was done, the poor guy was a wreck, his reputation ruined, marriage destroyed and like he said, he was innocent.  (She thought it was a beginning to a new relationship and he thought it was a friends with benefits thing.)

Some crimes are not so clear cut as to know who was in the right or wrong.  The Florida case against the mother accused of killing her child (Casey Anthony) is a good point.  I was so disappointed in the verdict, but it proved our justice system worked.  Unfortunately, her daughter was not avenged and her family become more victims.

There are some good cases out there also in which the home owner was justified in the shooting of some of these criminals.  I think regardless of what the laws are, bad people are going to continue to be a drain on society.  Hopefully all states with have a Castle Doctrine or a Stand Your Ground law.  When the criminals begin to understand their line of work is no longer safe, we all win.

Offline masfonos

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Re: Procedures for Victims of Criminals attacks
« Reply #4 on: September 16, 2011, 08:06:54 PM »
I think regardless of what the laws are, bad people are going to continue to be a drain on society.  Hopefully all states with have a Castle Doctrine or a Stand Your Ground law.  When the criminals begin to understand their line of work is no longer safe, we all win.

Exactly right.  The criminals are cowards who prey on the weak and the "weak" just happen to be the general public who is made powerless by being constrained by stupid laws which are made possible by campaigns of lies, misinformation and ignorance with a bit of Euro-nanny-state efforts thrown in for good measure.

Untie the hands of law abiding citizens, un-**** the justice system and when the bad guys see that their chosen "profession" is no longer profitable and will land them either in jail or on the wrong side of the grass they may consider the benefits of another vocation.