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  1. #1

    Default White castle, black castle

    https://dfw.cbslocal.com/2019/09/30/...der-trial/amp/

    This case was poorly handled from the outset. Now, in a final insult to the memory of the black victim, a jury will be permitted to consider the "castle doctrine" as part of the defense of the woman who shot this innocent man in his own castle.
    "One day, we shall die. All the other days, we shall live."

  2. #2
    If the woman is to be believed she thought she was in her own home, so she thought she was acting lawfully, so manslaughter would be reasonable.

    Except how the f##k do you enter the wrong home, think it is yours and shoot somebody?

    Plus ignorance is no excuse under the law.

    Murder for me, unless there's something missing from the story ...
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  3. #3
    An absurd ruling for the judge. Fuck this bitch, you don't get to go into the wrong home and shoot the person inside and use the castle doctrine. Its for DEFENDING YOUR OWN CASTLE.

  4. #4
    Quote Originally Posted by Lewkowski View Post
    An absurd ruling for the judge. Fuck this bitch, you don't get to go into the wrong home and shoot the person inside and use the castle doctrine. Its for DEFENDING YOUR OWN CASTLE.
    Sure you do, if you legitimately think it's the right home. Classic mens rea. You know, one of the fundamental aspects of legal theory which allows you to create the castle doctrine in the first place? Ignorance of the law is not a defense. Ignorance of the true situation, however, IS. If you don't have that, then you can't have the castle doctrine in the first place since your perception of being threatened in your home wouldn't matter, just whether later investigation determined your life was actually threatened.

    Aimless, didn't you already have a thread for this case somewhere?
    Last edited by LittleFuzzy; 10-01-2019 at 05:47 AM.
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  5. #5
    Quote Originally Posted by LittleFuzzy View Post
    Sure you do, if you legitimately think it's the right home. Classic mens rea. You know, one of the fundamental aspects of legal theory which allows you to create the castle doctrine in the first place? Ignorance of the law is not a defense. Ignorance of the true situation, however, IS. If you don't have that, then you can't have the castle doctrine in the first place since your perception of being threatened in your home wouldn't matter, just whether later investigation determined your life was actually threatened.
    I'm not an expert on the nuance of the law, and it is possible the doctrine wasn't properly defined when it was written. However the purpose behind the castle doctrine is to allow people to defend themselves from intrusion in their own home. Not their home and it should NEVER apply.

  6. #6
    Quote Originally Posted by RandBlade View Post
    If the woman is to be believed she thought she was in her own home, so she thought she was acting lawfully, so manslaughter would be reasonable.

    Except how the f##k do you enter the wrong home, think it is yours and shoot somebody?

    Plus ignorance is no excuse under the law.

    Murder for me, unless there's something missing from the story ...
    In a sense, ignorance is sort of an excuse. "Mistake of fact": https://blog.simplejustice.us/2019/0...t-save-guyger/

    Quote Originally Posted by Lewkowski View Post
    An absurd ruling for the judge. Fuck this bitch, you don't get to go into the wrong home and shoot the person inside and use the castle doctrine. Its for DEFENDING YOUR OWN CASTLE.
    What are you shrieking about you liberal cuck? She was about to be attacked by a thug in her own home in the middle of the night. She had every right to shoot him in self-defense. If he didn't want to be shot to death, he shouldn't have approached her in a threatening manner.

    Quote Originally Posted by LittleFuzzy View Post
    Sure you do, if you legitimately think it's the right home. Classic mens rea. You know, one of the fundamental aspects of legal theory which allows you to create the castle doctrine in the first place? Ignorance of the law is not a defense. Ignorance of the true situation, however, IS. If you don't have that, then you can't have the castle doctrine in the first place since your perception of being threatened in your home wouldn't matter, just whether later investigation determined your life was actually threatened.

    Aimless, didn't you already have a thread for this case somewhere?
    Yeah but I was having difficulties finding it and figured the new development was interesting enough to merit a separate thread. Mostly I just wanted to say "black castle".
    "One day, we shall die. All the other days, we shall live."

  7. #7
    Quote Originally Posted by Aimless View Post
    In a sense, ignorance is sort of an excuse. "Mistake of fact": https://blog.simplejustice.us/2019/0...t-save-guyger/
    Sort of yes, but I would think that this killing was probably unlawful but without intent, so manslaughter, though a part of me still thinks murder, I'm torn. I don't know how easy it is to enter the wrong home and think its yours, I've certainly never done that.

    As far as intent is concerned, and intent is required for it to be murder is it not, it seems reasonable for the castle doctrine to apply if she reasonably thought she was in her own home. That's the part I'm struggling with though and presumably the jury would need to deliberate on that.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  8. #8
    Quote Originally Posted by Lewkowski View Post
    I'm not an expert on the nuance of the law, and it is possible the doctrine wasn't properly defined when it was written. However the purpose behind the castle doctrine is to allow people to defend themselves from intrusion in their own home. Not their home and it should NEVER apply.
    The purpose of the castle doctrine is not and never has been to make the word "home" into some kind of magic. I realize that is foreign to you since as far as you're concerned it is, as always, the property that matters and not the lives potentially at stake. But it's purpose is to allow people to defend their lives, it's not a pretext to allow extrajudicial killing to defend what you own.
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  9. #9
    Quote Originally Posted by LittleFuzzy View Post
    The purpose of the castle doctrine is not and never has been to make the word "home" into some kind of magic. I realize that is foreign to you since as far as you're concerned it is, as always, the property that matters and not the lives potentially at stake. But it's purpose is to allow people to defend their lives, it's not a pretext to allow extrajudicial killing to defend what you own.
    That's stupid. The entire fucking point of the castle doctrine is to give you EXTRA protection when guarding your home. There are already self defense laws that apply wherever you are.

    Let me repeat. The entire point of the castle doctrine is that you gain EXTRA rights over and ABOVE normal self defense rights.

    This is where castle doctrine matters.

    Scenario A: You are justified fully in your actions with normal self defense laws. Castle Doctrine does nothing.

    Scenario B: You are NOT justified fully in your actions with normal self defense laws. Castle Doctrine gives you extra protection.

    So yes, your home is magical.

  10. #10
    Guilty, murder.

    Prosecution did it's damnedest to screw this up too, so it's nice to see the jury was able to see through that bullshit, but this case is going to see years and years of appeals because of it.
    "In a field where an overlooked bug could cost millions, you want people who will speak their minds, even if they’re sometimes obnoxious about it."

  11. #11
    I lock my door overnight or when I go out. Not when I'm at home and awake.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  12. #12
    Quote Originally Posted by RandBlade View Post
    I lock my door overnight or when I go out. Not when I'm at home and awake.
    I locked the doors (and closed the electric garage doors) when I worked in the garden or mowed the lawn. Not because I was a single woman with young children but because I knew thieves were opportunists. Most of the thefts in my upscale neighborhood occurred while people were at home. Only men were surprised by this fact.

  13. #13
    "One day, we shall die. All the other days, we shall live."

  14. #14

  15. #15
    The judge probably violated laws protecting the separation of church and state when she gave the convicted felon her personal Bible, on camera. (Imagine the outrage if she'd been a Muslim giving a Koran....)

    Also hypocritical for Lewk to call this murder sentence "justice" (eligible for parole in 5 years) when he thinks it's okay to to shoot someone dead for stealing toothpaste.

  16. #16
    Quote Originally Posted by GGT View Post
    The judge probably violated laws protecting the separation of church and state when she gave the convicted felon her personal Bible, on camera. (Imagine the outrage if she'd been a Muslim giving a Koran....)

    Also hypocritical for Lewk to call this murder sentence "justice" (eligible for parole in 5 years) when he thinks it's okay to to shoot someone dead for stealing toothpaste.
    My comment was in regards to arguing in favor of the murder charge instead of manslaughter.

  17. #17
    But you're okay with the sentence.

  18. #18
    Quote Originally Posted by GGT View Post
    But you're okay with the sentence.
    No I think it should have been longer.

  19. #19
    Speaking of castle doctrine: https://www.yahoo.com/gma/officer-se...opstories.html

    Another one of Lewk's heroes. Police officer comes by at night, shouts at a person inside their house, and then shoots her before she has a chance to respond.
    Hope is the denial of reality

  20. #20
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    Quote Originally Posted by Loki View Post
    Speaking of castle doctrine: https://www.yahoo.com/gma/officer-se...opstories.html

    Another one of Lewk's heroes. Police officer comes by at night, shouts at a person inside their house, and then shoots her before she has a chance to respond.
    My God, what is the problem with the police force in your country. Are black people fair game for anyone with a badge? I'm starting to think that racism in the police forces in the USA isn't just institutional but also personal. Maybe there should be an embargo on white men joining until this sort of horror story ends.

    Being black shouldn't be a death penalty on probation
    Congratulations America

  21. #21
    Quote Originally Posted by Hazir View Post
    My God, what is the problem with the police force in your country. Are black people fair game for anyone with a badge? I'm starting to think that racism in the police forces in the USA isn't just institutional but also personal. Maybe there should be an embargo on white men joining until this sort of horror story ends.

    Being black shouldn't be a death penalty on probation
    Pure racism aside, they're afraid of black people and regulations allow them to go Rambo on anyone they feel threatened by.

    By the way, I don't think black police officers are actually any less likely to shoot black people than are white police officers. A lot of it departmental and institutional culture.
    Last edited by Loki; 10-14-2019 at 01:55 AM.
    Hope is the denial of reality

  22. #22
    Quote Originally Posted by Hazir View Post
    My God, what is the problem with the police force in your country. Are black people fair game for anyone with a badge? I'm starting to think that racism in the police forces in the USA isn't just institutional but also personal. Maybe there should be an embargo on white men joining until this sort of horror story ends.

    Being black shouldn't be a death penalty on probation
    More white folks are killed by police than black folks - and before Loki bleats about population, black folks have the equivalent % of murder tallies as white folks. Furthermore studies have been shown that white vs. black cops don't have a difference so personal racism is very unlikely to be a factor on the macro level.

    https://www.npr.org/2019/07/26/74573...minority-suspe

    "The race of a police officer did not predict the race of the citizen shot. In other words, black officers were just as likely to shoot black citizens as white officers were."

  23. #23
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    Quote Originally Posted by Lewkowski View Post
    More white folks are killed by police than black folks - and before Loki bleats about population, black folks have the equivalent % of murder tallies as white folks. Furthermore studies have been shown that white vs. black cops don't have a difference so personal racism is very unlikely to be a factor on the macro level.

    https://www.npr.org/2019/07/26/74573...minority-suspe

    "The race of a police officer did not predict the race of the citizen shot. In other words, black officers were just as likely to shoot black citizens as white officers were."
    And how many white people get killed by the police while sitting in their own home and gaming?
    Congratulations America

  24. #24
    Quote Originally Posted by Lewkowski View Post
    More white folks are killed by police than black folks - and before Loki bleats about population, black folks have the equivalent % of murder tallies as white folks. Furthermore studies have been shown that white vs. black cops don't have a difference so personal racism is very unlikely to be a factor on the macro level.

    https://www.npr.org/2019/07/26/74573...minority-suspe

    "The race of a police officer did not predict the race of the citizen shot. In other words, black officers were just as likely to shoot black citizens as white officers were."
    I've said in the past that I've some sympathy for American police officers panicking in the dark at night on the streets when someone has something in their hands etc people aren't infallible and America is so f**ked up with the prevalence of guns and murder that mistakes will happen. The solution is to try and drop the murder rate down from virtually third world to first world levels, remove the second amendment and get the guns off the streets.

    Shooting someone dead through a window in their own home - no, that's murder. Pure and simple it is murder. I simply don't see a way for that officer to have been justifiably afraid of their life to pull the trigger just because there was someone moving behind a window.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  25. #25
    Quote Originally Posted by RandBlade View Post
    I've said in the past that I've some sympathy for American police officers panicking in the dark at night on the streets when someone has something in their hands etc people aren't infallible and America is so f**ked up with the prevalence of guns and murder that mistakes will happen. The solution is to try and drop the murder rate down from virtually third world to first world levels, remove the second amendment and get the guns off the streets.

    Shooting someone dead through a window in their own home - no, that's murder. Pure and simple it is murder. I simply don't see a way for that officer to have been justifiably afraid of their life to pull the trigger just because there was someone moving behind a window.
    She refused to follow a direct order to put her hands up. If black people don't want to get shot by cops, they shouldn't disobey direct orders. It's for their own safety. Play stupid games, win stupid prizes. Black people should teach these basic life skills to their kids, but obviously they can't--most of them are brought up in broken families because half of them are in prison because Democrats have taught them that it's okay to steal what other people have earned through hard work because everything is caused by racism so it's not their fault if their lives are shit.
    "One day, we shall die. All the other days, we shall live."

  26. #26
    Quote Originally Posted by Loki View Post
    Speaking of castle doctrine: https://www.yahoo.com/gma/officer-se...opstories.html

    Another one of Lewk's heroes. Police officer comes by at night, shouts at a person inside their house, and then shoots her before she has a chance to respond.
    Despicable.
    Quote Originally Posted by Ominous Gamer View Post
    ℬeing upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  27. #27
    So because African Americans commit more murders, an incredibly rare event, the police is justified in being more trigger happy around all African Americans, Lewk? The rate of being shot by the police is several times higher for African Americans

    Let's be honest: you would be frothing from the mouth if an African American killed a white person under similar circumstances.
    Hope is the denial of reality

  28. #28
    Quote Originally Posted by Loki View Post
    So because African Americans commit more murders, an incredibly rare event, the police is justified in being more trigger happy around all African Americans, Lewk? The rate of being shot by the police is several times higher for African Americans

    Let's be honest: you would be frothing from the mouth if an African American killed a white person under similar circumstances.
    Not justified in being trigger happy - but it makes sense on why cops would be more likely to pull the trigger. The suspects for the most violent crimes are more likely to be black than the population would suggest. Unless you want to take the laughable notion that *black cops* are racist against black suspects there really isn't another good way to explain the data w/o pretzel logic.

    And this is very clearly a colossal fuck up. One that should see the cop in prison for at least manslaughter. I have no doubt it was mistake but the utter incompetence and total failure in good judgement demands redress. I view it similarly to if a suspect fled on foot and went on the sidewalk and the police car bull dozed civilians to try to clip the running suspect. You don't do that, and if you do you are responsible for the loss of life.

  29. #29
    Quote Originally Posted by Lewkowski View Post
    Not justified in being trigger happy - but it makes sense on why cops would be more likely to pull the trigger. The suspects for the most violent crimes are more likely to be black than the population would suggest. Unless you want to take the laughable notion that *black cops* are racist against black suspects there really isn't another good way to explain the data w/o pretzel logic.
    Implicit Bias is a real thing. It turned a 'broken windows' and 'stop and frisk' approach to policing (which sounds like being pro-active) into racial profiling. Because it's taught to *black cops* makes it an institutional/system-wide failure.

    I view it similarly to if a suspect fled on foot and went on the sidewalk and the police car bull dozed civilians to try to clip the running suspect.
    WTF is wrong with you?

  30. #30
    Quote Originally Posted by GGT View Post

    WTF is wrong with you?
    You really can't be this dumb.

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