by XDM45 on Thu May 03, 2012 10:15 pm
There is the "Letter of the Law" - what the law says verbatim.
There is the "Spirit of the Law" which is the intent of the law, although not specifically written as such.
There is "Precedence" which while not law, affects it. Take the case where a judge rules that someone must provide the password to an encrypted laptop, although no law may exist for such a thing, it sets precedence.
Remember, we do not have an "American Justice System", we have an "American Legal System" because what is legal isn't always just, and what is just isn't always legal. There is a huge difference between "Justice" and Legal". I think that what everyone wants is a (pardon the pun here...) a "bullet-proof" law regarding "Stand Your Ground". We'd all love an all-inclusive law which is fair, legal, and just, but I'd also like gold bricks to suddenly appear for me to pick up too. Ain't gonna happen. Either one of them. Sure, both are POSSIBLE, but both are not PROBABLE, and there is a huge difference there as well.
I'd love it if the law was on he side of citizens, but it's not. Obviously money is a factor, fame, many things play into how much Justice / Legal one can get (or buy), along with a ton of other variables. Each situation and/or case is unique. Be all that as it may, I think common sense should apply, but even common sense isn't that common these days. If it was, we wouldn't have people texting and driving, using facebook or many other things.
Personally, one should be able to defend one's self without fear of legal criminal or civil repercussions. Does that mean carte blanche? No. It does not. If we have SYG, you can't just start some BS and then hide behind that law, and yes, that opens up a can of worms, discussion, etc. Anything needs to be legally defined and it will always be imperfect. It doesn't matter what it is, laws, software, etc, you get the idea.
It's a hard topic to really pin down and talk about, but here are my common sense rules of my version of SYG. I encourage everyone to post their own version too.
1. I do not have a legal duty to retreat on my property or in public. As such, I have the choice to do so or not, depending upon my assessment of the situation.
2. I am exempt from SYG protection and open to prosecution if I am in violation of a law. (ex. robbing a bank)
3. I have the right to defend myself, property, and family by any means I deem necessary regarding any perceived danger and/or an immediate threat to the same.
4. I can use equal or greater force. If they have a knife, I can still use a gun.
I'm sure I could come up with more items, but you get the idea. Just like everything and everyone else, it's imperfect and not all-inclusive. I'd love it all wrapped up nice and neat with a bow on it, but ah well. Not gonna happen now is it?
Gnothi Seauton