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- From: gray@hawkmoon.mn.org (Bill Gray)
- Subject: Re: 4 Q's: Deadly Self-Defense Against Rape
- Message-ID: <1992Nov19.015751.12579@hawkmoon.mn.org>
- Organization: Demi-Public System (One of the Eternal Champions); Eagan, MN, 55123-2507, USA
- References: <1992Nov10.193943.4958@rotag.mi.org> <1992Nov10.210555.17644@chpc.org> <1992Nov13.200443.14525@nsisrv.gsfc.nasa.gov> <13224@optilink.UUCP>
- Date: Thu, 19 Nov 1992 01:57:51 GMT
- Lines: 43
-
- cramer@optilink.UUCP (Clayton Cramer) writes:
-
- >I have seen the claim made (and I don't know if it is true or not)
- >that in New Jersey, you are required to leave your residence rather
- >than use deadly force against an attacker. Only when you have no
- >possible escape can deadly force be used. Can in anyone in Nazi
- >Jersey confirm this by checking your state's criminal code?
-
- I saw one reference to such a claim, but the extenuating circumstances
- were significant: the attacker had warned the intended victim that
- he intended to return and kil him. The victim had not (if memory serves)
- notified the local cop shop, but had instead armed him/herself and
- basically laid wait for the attacker to return. When the attacker
- did return, the "victim" did nto avail him/herself of comparatively
- easy escape routes and (from memory again) killed the attacker.
-
- The court/jury was persuaded that the "victim" had shown malice in
- not taking reasonable steps to prevent the assault, e.g., not calling
- cops, not being elsewhere despite opportunity to do so, etc. As a
- result, "victim" was convicted on (I think) manslaughter.
-
- I do not recall that the sense of the decision was that you have to
- escape if possible; there is generally no duty to retreat from one's
- own dwelling. But in this case, where the attacker had announced his
- intention to return, allegation was that it amounted to a rendevous
- at the OK corral.
-
- I personally find this disturbing anyway; it gives a would-be attacker
- a fairly safe way to harrass you to the point that cops will not show
- up, and still leave you exposed to prosecution if you defend yourself.
- I don't like being forced to retreat from my home on someone else's
- whim.
-
- In the People's Republic of Minnesotax (TM), there is a law against
- making terroristic threats that would subject the attacker to felony
- prosecution. But the burden of proof is the usual BRD, something not
- easy to obtain, espceially if the threats are not repeated.
-
- Bill
- --
- gray@hawkmoon.mn.org
- This site gets a fair news feed, but e-mail is more reliable. . . :-(
- "Veni, vidi, vomiti!" -- the ghost of Tom Jefferson on reading the Brady Bill
-