The following dialog between RightIsWrong and SarcasticDwarf gets to one of the central issues of this debate, in my opinion:
Originally posted by: SarcasticDwarf
Originally posted by: RightIsWrong
Originally posted by: SarcasticDwarf
Originally posted by: RightIsWrong
Originally posted by: SarcasticDwarf
Originally posted by: RightIsWrong
Or maybe we should allow you to do what you are asking to be allowed to do. Have your wish. But if you are wrong even one time....you get put away for a 1/4 of your life expectancy. The DA can then prosecute your case, since you were so gung-ho to shoot, as felony manslaughter and should serve 20 without parole. That would be just peachy for you mandatory sentence folks that think that you can shoot anyone at anytime. At least then there would be a "deterrent" for some of you idiots.
There are two problems with this:
1) Prosecuting people for mistakes has the side effect of discouraging correct behavior.
2) Police officers kill innocent people on a fairly regular basis (happens at least once every couple of months) and are almost
never prosecuted. These citizens can be considered to be acting as a sort of police officer, making them less liable for their actions.
Your first point is exactly what my point was...
Allowing people to skate without any punishment whatsoever for mistakes has the side effect of allowing some people the thoughts that they can shoot anyone at any time and just say....Oops, my bad.
You second point is something that is unfortunate, but it is also something that the shooter(s) involved are trained and when/if something like that happens, they are investigated and some sort of disciplinary action is taken (even if criminal charges aren't).
I think you missed my point. Let's say that I am in a state where CCW is legal. I catch someone in the act of raping a woman. In shooting them (killing someone committing a rape is generally legal in any state IIRC), the bullet goes through the person, but then ricochets, goes through a window some distance away, and kills someone sleeping in their bedroom. Now, what would prosecuting me do? The odds of such a thing happening are probably a million to one, but it does happen. If prosecuted, everyone else with a CCW would be far, far less likely to fire their weapon (and CCW holders almost never do as it is) because they would be afraid that despite the fact that they would save a life, they would go to prison. It would have the same effect as prosecuting everyone who got in a car accident where another person was killed (and drugs/alcohol were not involved)...nobody would want to drive.
This also gets into the second point where they are acting in the capacity of law enforcement officers.
You and I are talking about the same exact thing but from opposite sides of the fence. I believe that you have a right to do what you described. I also feel that you should not be prosecuted in some freak accident circumstance as you described but the felony in progress claim needs to be fully investigated.
However, I also feel that the idiot in the OP should be prosecuted because there was no clear danger to himself or anyone else AT THE TIME of the shooting. He was clearly sporting a Ron Jeremy size hard on thinking about his chance to get to shoot someone from the 911 transcripts.
The law in TX is poorly written so as to give unabated pathways to murder with the claim that they were witnessed committing a felony at the time. There needs to be a common sense middle ground to both sides of this equation and TX does not come close to this from the side of respect for human life and the opposite side goes to far in restricting people's rights from self defense in other states.
I agree that there needs to be a middle ground, but I think that is largely impossible to legislate. Since it is all going to depend on the circumstances, Texas has decided to take a "the homeowner is right by default and anything otherwise has to be proven." Most other states have a policy of "you have to prove that a life was in imminent danger and there was no possibility of escape." Both viewpoints are valid in their own way. One restricts the right of someone to defend themselves while the other restricts the rights of the perpetrator. How do you come to a middle ground in that? I don't think you can. You have to accept that either a few innocent homeowners die or that those committing somewhat minor crimes will die. It would be nice if we could have a single person (preferably God) preside over every case like this to be able to hand down clear, consistent rulings, but unfortunately we don't have it.
Essentially, we are not God, but we have to act and make choices as if we were anyway. We have to craft our laws as best we can.
In the argument above why has each reached the conclusion they have and which if either is the more proper view? What is at the heart of the difference?
In my opinion, the difference is in which end of a spectrum you take in proportional to whose ox gets gored. It's basically, I think, these two perspectives:
Neanderthal vigilante slays decent citizen who threw out his receipt before he left the store, or honest citizen is executed for killing a rapist running from his wife's bed room out into the street.
With whom do you identify. Is your fellow man a madman that laws must protect you from or is he a fellow keeper of the law. How do you balance the law between these two attitudes?
Any balance, in my opinion, will have to be a compromise between these two extremes and will not fully satisfy those far to either end. But it seems to me the balance will have to be struck according to the prevailing general attitude of those who make the laws and that will also include states and local government.
So in law and order redder places the laws, it seems to me, will balance out in favor of the notion that the general citizen can be trusted, and in more liberal places the election may be more control over the individual citizen.
(Some of these differences, as an aside, it would seem to me, are going to depend on the degree of population density and tradition, where areas distant from police protection will lean toward more personal self reliance.)
So is it better to lean one way or the other?
That would be difficult to state, in an absolute way, in my opinion, because it surely would relate to the culture we are talking about. In a society with a lot of loose cannons running around blowing away anybody in dirty clothes, or a society in which crime is destroying lives, how you see this would need to change, it seems to me.
Do you trust yourself to play God or do you want God played by esoteric and more lofty legal abstractions, some judge and jury. It seems to me that depends on whether you yourself feel more or less reliable to make such decisions.
Setting aside the certainty of the madman who is superior in all things, it seems to me that to trust yourself is a good thing. You want to be able to protect your life with a right of self defense, for example and not have to wait for some higher authority to protect you. You want, also, it seems to me to have a moral citizenry who can apply moral judgment in emergency situations.
In short, it seems to me that to err on the side of the trustworthiness of the individual is preferable and of higher nobility than to limit that trust with laws that discourage moral action.
The key, then, it would also seem to me, is moral education. We are ultimately only as safe as the mentality of the guy next door and we better do what we can to make each of our citizens as moral as we can.
Now, given that there are folk who rely on themselves to insure justice and folk who fear vigilantism, who has the right to impose their views on the other. Horse thieves were hung because a man depended on his horse to live. Is it wrong if somebody sees his horse in his neighbor's TV? Do you have the right to determine what stage of moral evolution is legal? Well certainly you do with your vote and what laws you support. Don't other folk have the same right?
And, of course, the issue is not the TV but the violation of the neighborhood's security in freedom from theft. We will not be violated. In Texas, apparently, that's an idea people understand.
All that is required for evil to triumph if for good men to do nothing.