Who should go to jail?

It wasn't actually in the back yard.
It was in the driveway, in the lover's truck.

 

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That is the difference between a free country and a police state. here the police actually do not have any rights the citizenry do not. If we were so inclined we could petiotn a judge for a search warrant. We'd be unlikely to get one, but the possibility is there. We can use citizen arrest to apprehend a criminal in progress of a crime, even if they are fleeing, as well as known fugitives. Finally we can demand charges be pressed when we are wronged and in some cases we can press charges on anothers behalf.

Now like i said it is not perfect, but I prefer to have a system where it encouraged that I defend myself. After all the police usually only respond after the crime has been commited.

Murder is not the only violent crime , my friend. However ours is lower than Iraq currently. And Our crime rate keeps going down nationwide as more areas repeal unconstitional gun laws and allow citizens to defend themselves. Unlike Great Britian, Canada, and Australia whose violent and nonviolent crime have been growing since the loss of the ability to bear arms.

Hey, most of the voters and taxpayers here do not want a welfare state. Universal healthcare is a crutch that limits creativity in the medical profession. I would much rather see a system that gives us a basic coverage but still allows people to pay if they want experimental or slightly better service. Gives the best of both worlds.

I agree the military budget is out of hand, but mostly becuase of how defense contractors sell us items we don't need or want and pad the bill on other thing. However most yanks do not fear their government, they are leery of them the same way one would be leery of a tiger kept as a pet.





In the case above the man was probably absolved becuase not only was he assuming the naked man was raping his wife, he was assuming the naked man had intended to kidnap and kill her. After all why be in the car when the house is not that far away. His intention may also have been to disable rather than to kill. Meanwhile his wife added fuel to the fire by crying rape after the man dismounted. She might as well have pulled the trigger herself.

 

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Actually, it's pretty unclear whether the man was naked or not. Also, he apparently had a pretty good idea beforehand what was going on (due to a phone conversation with his daughter) - he didn't come upon the scene unawares.

Either way, the case should have gone to trial.

 

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i agree she was in the wrong. However if he didnt have a loaded gun the man would never have died at all. A punch to the nose will disable rather than kill as will a punch under the ribs, once she was free from the "atacker" going inside and calling the police would be a start.

Oh and im glad i live in a sociaty that arests those who carry offencive weaponry, as an ambo the less situations i go into where guns and knives are a threat the better. As for proicuting offences yourself you can tenchnically, though the atorny general can denie you the right because if you lose then double jepody is still atached (if the DPP wants to proicute a case its better that HE does than joe blow)

More gun owners will be killed by there OWN guns than have to defend themselves with them. That god that the guns and knives are off the streets in England and Australia

 

I agree pete, the risk that it was a set up is just to great for it NOT to go to trial

 

False.

 

He should have shot them both and plead that he thought they were burglers trying to rob his home!

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The wife is responsible for that guy's death. She cried rape, the husband thought he was defending his wife from a rapist.

 

That's a good point. Why the hell were they having sex in the guy's car in the woman's driveway? WTF? You're in a car, drive over to his place. Or a motel, or at least out to the woods.

 

“ Originally Posted by nietzschefan
I want to know who fucks someone in their backyard? Esp when cheating. Wife should simply be shot and pissed on in this case... ”

" Originally Posted by madanthonywayne
That's a good point. Why the hell were they having sex in the guy's car in the woman's driveway? WTF? You're in a car, drive over to his place. Or a motel, or at least out to the woods.


Good points! WTF??? First of all you are cheating in your own driveway? Even if your husband didn't catch you, what about your NEIGHBOURS????? If you have nosy neighbours like me they hear and see all. You are just asking to get caught.

 

Isn't that exactly what I was saying?

 

Yes, and I totally agree with both you and Nietzche! I don't feel sorry for such morons.

 

??? Why didn't he do it with his bare hands? Using a gun is too easy!

 

Well, I doubt they expected him home so soon. Maybe they had been drinking. And some people get off on risky sex. :shrug: Lots of people have sex in public places.
But I agree. I've never understood how anyone could get caught having sex in their own home in their own bed.

 

If he was fleeing then he would be done for in court. My dads neighbour got done for some form of assault because 2 people broke into his house. One managed to get away but mike and his son caught the other guy outside, took him inside the house and hit him (not major but they kick the shit out of him). He was charged because he was fleeing, they stopped him leaving, took him back inside, restrained him against his will and assaulted him.

Citizens arrest would be messy here and the police don't like it. You can be done for using unreasonable force, restraining them against their will in the wrong way etc. Now if you politely asked someone to wait while you called the police and used correct level of force then you might be ok. Still citizens arrest is very gray area here http://news.bbc.co.uk/2/hi/uk_news/magazine/6323391.stm

 

creep, i have herd lots of cases of even security guards at shopping centers charged for detaining shopplifters because to restrict the freedom of another person is something only the police and the courts can do. I know this law quite well because its also the law that you get charged with if you force treatment on someone

 

What the husband did was legal. Was it ethical?

 

Yeah, here in the US, you would have a very hard time convicting anyone of detaining a rapist, especially one caught in the act.

 

You heard wrong.

http://www.afp.gov.au/act/victims/citizens_powers_of_arrest.html

A friend of a friend doing law mentioned citizen's arrest to me, although I had quite a laugh because detaining a suspected criminal is sort of pointless when you don't own a fucking gun.

 

a) that only deals with shoplifting and nothing else (read it again)
b) that is ONLY aplicable in the ACT (you do realise you picked the smallest juristiction in the country dont you?)