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Byzantine
Sep 1, 2007

doverhog posted:

What if you genuinely fear for your life and believe they are about to kill you, or lie convincingly about it later?

Are you a cop?

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doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦
That was the joke, yes.

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.

doverhog posted:

What if you genuinely fear for your life and believe they are about to kill you, or lie convincingly about it later?

A genuine fear isn't sufficient. What if you're a giant pussy and get scared for no reason? There's an *objective* standard that must be met.

Good luck lying convincingly about it later if you're not a cop.


Fighting words is a *lot* narrower than you seem to think it is. Obnoxious street preaching doesn't rise to that level.

https://www.thefire.org/misconceptions-about-the-fighting-words-exception/

quote:

Seven years after the decision, the Supreme Court began to limit the Chaplinsky holding. In Terminiello v. Chicago, 337 U.S. 1 (1949), the petitioner, a preacher, was convicted of disturbing the peace for delivering a fiery speech to a large, restless crowd in which he denounced various political and ethnic groups. In invalidating his conviction, the majority stated:

"[The] function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, is nevertheless protected against censorship or punishment. (Internal citation omitted.)"

The Court refused to find that Terminiello’s speech fell within the fighting words exception. Over the next few decades, the Supreme Court continued to narrow the fighting words doctrine and to extend First Amendment protections to offensive or vulgar speech...

...The very next year, in Gooding v. Wilson, 405 U.S. 518 (1972), the Court cited Cohen and stated that speech that is “vulgar or offensive…is protected by the First and Fourteenth Amendments.” Then, the very next term, the Court reaffirmed this stance in Hess v. Indiana, 414 U.S. 105 (1973) by finding that the pronouncement “we’ll take the loving street later” did not constitute fighting words.

In assessing the fighting words doctrine at this point, it is important to note the speech involved in Gooding. While assaulting a police officer, Gooding shouted, “White son of a bitch, I’ll kill you.” “You son of a bitch, I’ll choke you to death.” and “You son of a bitch, if you ever put your hands on me again, I’ll cut you all to pieces.” If this speech doesn’t constitute fighting words, one would be hard-pressed to think of speech that would qualify.

Gooding was the nail in the coffin—if the fighting words exception has any real vitality left at all (and many commentators, including Nadine Strossen, think it is essentially dead) the Supreme Court has effectively limited the exception to only include abusive language, exchanged face to face, which would likely provoke a violent reaction.

Gynocentric Regime
Jun 9, 2010

by Cyrano4747

Phanatic posted:

No.


No.


True threats are not protected, but it's entirely possible for "I'm going to kill you" to not be a true threat.

And in any event, even if the speech the speaker is engaged in isn't protected speech, you still don't get to hit him with a bat to make him stop. Defamation isn't protected speech but if a guy's standing there defaming you in public hitting him with a bat is not the legal recourse.

https://www.popehat.com/2015/06/01/lawsplainer-what-the-supreme-court-didnt-decide-about-true-threats-in-elonis/

gently caress the law, just because something is legal doesn’t mean it’s right, if it keeps the rear end in a top hat away from that school then good on her.

Wa11y
Jul 23, 2002

Did I say "cookies?" I meant, "Fire in your face!"

doverhog posted:

What if you genuinely fear for your life and believe they are about to kill you, or lie convincingly about it later?

Real talk: in most states the legal threshold for self defense action is three parts:

Opportunity
Capability
Jeopardy

Do they have the opportunity to hurt you (are they physically in a position to do you harm)?
Do they have the capability to hurt you (do they have an item or other means they can use as a weapon to harm you)?
Have they put you in jeopardy (through word or action is there a reason to believe they will harm you)?

What constitutes "hurt" can vary by state, but in my state "great physical harm" is anything that will cause a broken bone or permanent scar, or cause death. There's also kidnapping, rape, and arson.

For example, someone knocks on your door, you open it and it's a large angry man holding a tire iron. Can you attack him in self defense? No. He has opportunity (he's right in front of you), he has capability (the tire iron) but he has not put you in jeopardy (other than look angry he hasnt done or said anything to indicate hes going to hurt you. Looking angry is probably not enough in court, since that's subjective). He's angry not at you but at his truck just down the street that has four blown tires and his lovely phone that won't hold a battery charge, so how he has to rely on the kindness of strangers and hope someone has a phone and will let him call for a tow.

Another example: across from you is a man holding an axe, and he's yelling at you, "<Your name> I AM GOING TO KILL YOU UNTIL YOU ARE DEAD!" But he's on one lip of the Grand Canyon an you're on the other. He has capability (the axe he's holding), he's put you in jeopardy (clearly declared he's going to kill you) but he has no opportunity (the Grand Canyon separates you).

In court you would be defending yourself, and you don't have to prove your innocence, you just have to provide doubt of your guilt. That's why pleas in court are always "guilty" or "not guilty", and not "innocent." It's a whole legal definition bullshit thing.

This should all be written in your state laws, go look them up if you're interested in knowing what legal rights you have to defend yourself in your state. If you're really interested, pay a lawyer for an hour of time to have them explain it to you.

doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦
I don't live in the US. In Finland someone has to actually attack you before you can defend yourself, and any defense must be proportional to the threat, and be immediately stopped if the attack stops. Shooting someone who breaks in to your house brandishing a knife is not allowed for example, because a gun is a disproportional defense compared to the knife.

WoodrowSkillson
Feb 24, 2005

*Gestures at 60 years of Lions history*

Phanatic posted:

A genuine fear isn't sufficient. What if you're a giant pussy and get scared for no reason? There's an *objective* standard that must be met.

Good luck lying convincingly about it later if you're not a cop.


Fighting words is a *lot* narrower than you seem to think it is. Obnoxious street preaching doesn't rise to that level.

https://www.thefire.org/misconceptions-about-the-fighting-words-exception/

ure, but gently caress that guy, girl is right and i hope he gets getting hit.

ilmucche
Mar 16, 2016

What did you say the strategy was?

doverhog posted:

I don't live in the US. In Finland someone has to actually attack you before you can defend yourself, and any defense must be proportional to the threat, and be immediately stopped if the attack stops. Shooting someone who breaks in to your house brandishing a knife is not allowed for example, because a gun is a disproportional defense compared to the knife.

So you have to have a knife fight so you both get hurt??

chitoryu12
Apr 24, 2014

doverhog posted:

I don't live in the US. In Finland someone has to actually attack you before you can defend yourself, and any defense must be proportional to the threat, and be immediately stopped if the attack stops. Shooting someone who breaks in to your house brandishing a knife is not allowed for example, because a gun is a disproportional defense compared to the knife.

A lethal weapon isn’t a proportionate response to a lethal weapon?

RareAcumen
Dec 28, 2012




This is why I keep a riot shield in my headboard.

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches
:smithfrog:

a shotgun

Lurking Haro
Oct 27, 2009

chitoryu12 posted:

A lethal weapon isn’t a proportionate response to a lethal weapon?

You don't bring a knife to a gun fight.

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches

Lurking Haro posted:

You don't bring a knife to a gun fight.

:smithfrog:

some do

doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦

chitoryu12 posted:

A lethal weapon isn’t a proportionate response to a lethal weapon?

Are they actively stabbing you or someone else when you pull the trigger? The knife isn't lethal if you shoot first, it never even touched you.

If someone punches you, and you punch back more than once, chances are you are committing a crime. A second punch is disproportional if they only hit you once so far.

canyoneer
Sep 13, 2005


I only have canyoneyes for you

doverhog posted:

Are they actively stabbing you or someone else when you pull the trigger? The knife isn't lethal if you shoot first, it never even touched you.

If someone punches you, and you punch back more than once, chances are you are committing a crime. A second punch is disproportional if they only hit you once so far.

That is an incredibly stupid law

FogHelmut
Dec 18, 2003

canyoneer posted:

That is an incredibly stupid law

Don't besmirch Hammurabi.

Rough Lobster
May 27, 2009

Don't be such a squid, bro
A man brandishing a knife kicked down my front door last night and yelled "poo poo on my dick or blood on my blade!".

I had just finished cleaning and reassembling my handgun so it was really disappointing that I wasn't allowed to use it and had to trudge back to the kitchen to find a proper shanker. In his defense he was very patient with me and my questions about his knife's size and whether it was single or double edged, I didn't want to have an unfair advantage in the ensuing mêlée.

ilmucche
Mar 16, 2016

What did you say the strategy was?

doverhog posted:

Are they actively stabbing you or someone else when you pull the trigger? The knife isn't lethal if you shoot first, it never even touched you.

If someone punches you, and you punch back more than once, chances are you are committing a crime. A second punch is disproportional if they only hit you once so far.

But how many pounds of force did you hit with? How many time could you hit Ivan Drago if he hit you once?

Lurking Haro
Oct 27, 2009

canyoneer posted:

That is an incredibly stupid law

If they have a knife, you can usually run away.
As for punching, if they don't keep punching, they don't want/can hurt you anymore.
How about immobilising them instead and call the cops?

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches
did you poo poo on his dick?

Proteus Jones
Feb 28, 2013




That's a big uphill climb for a defense to use Fighting Words as a defense for assault and/or battery charges. It's much narrower than people think.

e: fb :argh: (<-- not a Fighting Emoji)

Ariong
Jun 25, 2012

Get bashed, platonist!

Rough Lobster posted:

A man brandishing a knife kicked down my front door last night and yelled "poo poo on my dick or blood on my blade!".

I had just finished cleaning and reassembling my handgun so it was really disappointing that I wasn't allowed to use it and had to trudge back to the kitchen to find a proper shanker. In his defense he was very patient with me and my questions about his knife's size and whether it was single or double edged, I didn't want to have an unfair advantage in the ensuing mêlée.

Why didn’t you just poo poo on his dick?


Lurking Haro posted:

If they have a knife, you can usually run away.
As for punching, if they don't keep punching, they don't want/can hurt you anymore.
How about immobilising them instead and call the cops?

Okay, so a man is running toward you with a knife. He’s faster than you, so if you try to run away, he’ll kill you. How do you inmobilise him?

EDIT: I’m not trying to have a gotcha moment here. It’s just so strange to me that the burden of protecting the person who is trying to kill you falls on you, the victim.

Ariong has a new favorite as of 17:07 on Oct 28, 2017

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches

Ariong posted:

Why didn’t you just poo poo on his dick?


Okay, so a man is running toward you with a knife. He’s faster than you, so if you try to run away, he’ll kill you. How do you inmobilise him?

kung fu

chitoryu12
Apr 24, 2014

Lurking Haro posted:

If they have a knife, you can usually run away.

Do you think knife fights are like in movies where they dramatically flick open their switchblade, square off in a combat stance, and then make a telegraphed lunge for you to counter?

This is what it usually looks like when someone stabs you:

https://www.youtube.com/watch?v=HAxVVOp4ATk

https://www.youtube.com/watch?v=aQWDUgixf6U&t=43s

The knife comes out and the stabbing starts, and they might continue to chase you. You have maybe half a second to realize what's going on before you need to figure out a response.

Byzantine
Sep 1, 2007

Lurking Haro posted:

How about immobilising them instead and call the cops?

Cops are disproportionate to knives.

doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦

ilmucche posted:

But how many pounds of force did you hit with? How many time could you hit Ivan Drago if he hit you once?

That will be considered, both ways. If someone weaker than you punches you, hitting back even once may be too much. If it's Drago, you may be allowed to use a striking implement and still be legal. Up to the judge.

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches

chitoryu12 posted:

Do you think knife fights are like in movies where they dramatically flick open their switchblade, square off in a combat stance, and then make a telegraphed lunge for you to counter?

This is what it usually looks like when someone stabs you:

https://www.youtube.com/watch?v=HAxVVOp4ATk

https://www.youtube.com/watch?v=aQWDUgixf6U&t=43s

The knife comes out and the stabbing starts, and they might continue to chase you. You have maybe half a second to realize what's going on before you need to figure out a response.

in all honesty (while this discussion (especially itt) is always dumb and stupid) yeah having been stabbed once and having it be scary as poo poo and luckily not lethal id most likely shoot the second i see a knife.

on the other hand doing a bit in the army knows id have to live with it so gently caress if i know whats right or not.

its a dumb unresolvable arguement unless we get rid of guns and then we can just fight with folded hanzo steel like was intended.

Lurking Haro
Oct 27, 2009

Ariong posted:

Why didn’t you just poo poo on his dick?


Okay, so a man is running toward you with a knife. He’s faster than you, so if you try to run away, he’ll kill you. How do you inmobilise him?

EDIT: I’m not trying to have a gotcha moment here. It’s just so strange to me that the burden of protecting the person who is trying to kill you falls on you, the victim.

Is there a train track I can switch?

First, how do you know he's faster than you if you aren't already running?
Second, are you on an open field with no cover? Doors are great at blocking knives.
Third, if you really can't avoid him stabbing you, shoot him in the leg or arm.

Basically, if you had reasonable options that could have avoided killing or wounding your assailant, you'll get charged, too, since it's not self-defense anymore.


-e-

chitoryu12 posted:

Do you think knife fights are like in movies where they dramatically flick open their switchblade, square off in a combat stance, and then make a telegraphed lunge for you to counter?

This is what it usually looks like when someone stabs you:

https://www.youtube.com/watch?v=HAxVVOp4ATk

https://www.youtube.com/watch?v=aQWDUgixf6U&t=43s

The knife comes out and the stabbing starts, and they might continue to chase you. You have maybe half a second to realize what's going on before you need to figure out a response.

Unless you had training, it's unlikely you'll react before somebody shanks you. Even with a gun, unless you fire preemptively, which isn't self-defense again.

Lurking Haro has a new favorite as of 17:26 on Oct 28, 2017

Rough Lobster
May 27, 2009

Don't be such a squid, bro

sneakyfrog posted:

did you poo poo on his dick?

Ariong posted:

Why didn’t you just poo poo on his dick?


I can handle pissing in front of someone else and that's about it. If he busted in and demanded I fill a small container three quarters of the way without emptying my bladder or touching the inside of the lid we'd have been fast friends.

Byzantine
Sep 1, 2007

Lurking Haro posted:

Third, if you really can't avoid him stabbing you, shoot him in the leg or arm.

Wow, what a loving bad idea. Hm, yes, pull off a trick shot to a narrow, fast-moving target while it's running at you with a knife, that is a cool and reasonable request to make of someone.

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches

Rough Lobster posted:

I can handle pissing in front of someone else and that's about it. If he busted in and demanded I fill a small container three quarters of the way without emptying my bladder or touching the inside of the lid we'd have been fast friends.

did you die?

doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦

Byzantine posted:

Wow, what a loving bad idea. Hm, yes, pull off a trick shot to a narrow, fast-moving target while it's running at you with a knife, that is a cool and reasonable request to make of someone.

Finnish cops are trained to shoot for the legs, to wound. Can it really be too much to ask for the average citizen?

Personal Lucubrant
Oct 18, 2016

Just thinking about what to do with all the money I don't have.

Lurking Haro posted:

if you really can't avoid him stabbing you, shoot him in the leg or arm.

This is the worst advice ever.

If you're to the point of shooting someone in self defense you aim center mass. A moving target in a frantic life or death struggle is difficult to hit. You'll probably miss most of your shots anyway, but if you aim for the smallest, fastest moving part of the target you're guaranteed to miss them all.

Personal Lucubrant has a new favorite as of 17:35 on Oct 28, 2017

doverhog
May 31, 2013

Defender of democracy and human rights 🇺🇦
Just a little while ago there was a terrorist knife man in Turku, Finland. The cops shot him in the leg and he lived to be interrogated.

TehRedWheelbarrow
Mar 16, 2011



Fan of Britches

doverhog posted:

Finnish cops are trained to shoot for the legs, to wound. Can it really be too much to ask for the average citizen?

A civil suit here in america would bankrupt you

:patriot:

RyokoTK
Feb 12, 2012

I am cool.

doverhog posted:

Finnish cops are trained to shoot for the legs, to wound. Can it really be too much to ask for the average citizen?

Yes???

Bobby Digital
Sep 4, 2009
Finns are Simo Hayha, and Americans are Yosemite Sam

Lurking Haro
Oct 27, 2009

Byzantine posted:

Wow, what a loving bad idea. Hm, yes, pull off a trick shot to a narrow, fast-moving target while it's running at you with a knife, that is a cool and reasonable request to make of someone.

That's why you run away if you can. They are also moving directly at you.
I thought you are all gunslingers that can draw and shoot in under a second.

Wait, is he running away? That makes aiming at center mass the better shot.

Pearnicious posted:

This is the worst advice ever.

If you're to the point of shooting someone in self defense you aim center mass. A moving target in a frantic life or death struggle is difficult to hit. You'll probably miss most of your shots anyway, but if you aim for a limb you're guaranteed to miss them all.

So you are already physically struggling with the attacker?
No one's blaming you for shooting them center mass then, but why did you let it come to this?

Lurking Haro has a new favorite as of 17:37 on Oct 28, 2017

Proteus Jones
Feb 28, 2013



doverhog posted:

Finnish cops are trained to shoot for the legs, to wound. Can it really be too much to ask for the average citizen?

Yes, it is. When people are under extreme stress triggering an adrenal response, fine motor movement goes out the window. More so if they have minimal training since they have almost no muscle memory. Most people, hell even most cops, are lucky to even hit someone at all in confrontations. Of course that leads to situations where misses can be dangerous depending on ammo in use. Most defense against home invasion like that is best served with a shotgun.

Anyway, my takeaway is Euro laws are far more interested in protecting the perpetrators than the victims of violent crimes like home invasion.

Lurking Haro posted:

That's why you run away if you can. They are also moving directly at you.
What about people with a heart condition or COPD? Or any one of a myriad of conditions that preclude being able to elude an attacker?

Now, I don't actually own any guns, but I don't have any issue with most Castle Doctrine laws in the US. Except Stand Your Ground like it's practiced in FL.

Proteus Jones has a new favorite as of 17:43 on Oct 28, 2017

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RyokoTK
Feb 12, 2012

I am cool.

Proteus Jones posted:

Yes, it is. When people are under extreme stress triggering an adrenal response, fine motor movement goes out the window. More so if they have minimal training since they have almost no muscle memory. Most people, hell even most cops, are lucky to even hit someone at all in confrontations. Of course that leads to situations where misses can be dangerous depending on ammo in use. Most defense against home invasion like that is best served with a shotgun.

Anyway, my takeaway is Euro laws are far more interested in protecting the perpetrators than the victims of violent crimes like home invasion.

I mean, a more charitable take is that the laws put a much higher value on human life (even the life of the perpetrator) than the property being imperiled, since theoretically if dudes bust in through the front door with knives, you could leave out the back.

You know, assuming that you live by yourself and that the rest of your family aren't like, asleep, or in the shower, and that you're standing watch in the main hall when this happens.

Yeah I don't really agree with it either. If there's an attacker that appears to have the intent and means to end your life, I don't see why you can't use any means available to defend yourself until they either run away or are incapacitated.

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