Fella Confusion
Disburser #1...
Here is the Legal
Wording about something called Defense of Habitation
A
person is justified in threatening or using Force when and to
the extent that he or she reasonably believes that such threat of force is
necessary to prevent or terminate such other’s unlawful entry into or attack
upon a habitation; however, such person is justified in the use of Deadly
Force only if:
- The entry is
made or attempted in a violent and tumultuous manner for the purpose of
assaulting or offering personal violence to any person in the dwelling;
- That force is
used against another person who is not a member of the family or household
and who unlawfully and forcibly enters or has entered the residence; or
- The person using
such force reasonably believes that the entry is made or attempted for the
purpose of committing a felony.
This is worded this way so Lawyers can buy Teslas (or other More Expensive Cars).
The Lawyer we hire understands what the above words mean and, for a fee, they will explain it to us and, for a further fee, they will take it to court to explain it to a judge.
The problem is there is another Lawyer in the courtroom who understands the same words to means exactly the opposite of what our Lawyer understands the words to mean.
This is how it comes to pass that both Lawyers drive Teslas (or other More Expensive Cars).
************
A Fella Quibble
I want to take issue with the words, “who unlawfully and
forcibly enters or has entered the residence”. To be more specific, I want to
quibble about, “or has entered”.
Is
it possible that without the words “or has entered” we would hear Lawyer
Whiplash say...
Your honor, I am compelled to make this obvious point. My client had already entered the domicile of the plaintiff and, all burglars know that, once they are safely inside, the plaintiff is barred by law from taking any action against them. In this case my client, knowing that he was safely inside plaintiff’s place of residence, relaxed his guard and at that very moment plaintiff hit him on his surprised head causing very significant swelling.
My client was almost rendered unconscious and was forced to stagger back to his getaway car and make a very unsafe trip back to his own domicile.
Because of this attack, my client had to cancel several other Planned Home Invasions in the ensuing days and lost a substantial amount of Already Been Budgeted For Planned Income.
After All, Burglars Are People Too!
************
Fella Confusion
Disburser #2...
Self-Defense
Georgia is a Castle Doctrine state and has a “stand your ground” statute. There is no duty to retreat in defense of a forcible felony, such as rape, armed robbery or kidnapping.
Are there really States that have laws that say something like this...
You are required by law to retreat when confronted by a person who is intent on inflecting upon your person a forcible felony, such as rape, armed robbery or kidnapping.
How would one go about retreating in circumstances such as these?...
Ø Rape: A 120 pound woman is pinned on the ground by a 250 pound man who is intent on raping her. But she is saved because of a law which allows her to say, “Just a moment here. By law I am empowered to advise you that you must cease and desist what you are doing and allow me to make a hasty and safe retreat”.
Ø Armed Robbery: "What did you just say? Did I hear you right? Did you really say to me something about My Life or My Money? I, sir (May I call you ‘Sir’?) know my rights and I am going to turn around and leave and I advise you to hold your tongue and your bullets."
Ø Kidnapping: "This has gone far enough! I am on the floor of this dirty old van. I am bound and gagged to the point that I can only mumble. However, I know the law and the law says you are required to let me retreat. Let me out at that Starbucks I see coming up on the right. Do you have $5 I can borrow? I think I need a Venti With A Shot."
My blogs usually give 3 examples of my Foolish Commentary but I am going to stop here because I am running low on Silly and I suspect you are tired of me anyway.
Would I kid u?
Smartfella
