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Why is self-defense illegal?

24

Comments

  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 53,390 CMod ✭✭✭✭magicbastarder


    as Peregrinus mentioned; if someone pulls a gun on you, you are much more likely to die if you are also armed. i assume part of it is that if someone has a gun pointed at you, and you go to pull a gun on them, you've basically given them no choice but to shoot.

    IIRC part of the laws/rationale governing reasonable self defence here are whether you have/had a means of escape; if you stand your ground when the opportunity is available for you to flee (unless you are also trying to protect family members), it removes a lot of your 'i was afraid for my life, your honour' defence. because if you're truly afraid, you'd run.



  • Registered Users, Registered Users 2 Posts: 21,330 ✭✭✭✭kneemos


    Guns are the leading cause of child death in America incredibly. Don't think there's another developed country that allows folk to walk around with a gun.

    The Swiss have a guns in the event of of an invasion,but they're trained and keep them locked up.



  • Registered Users, Registered Users 2 Posts: 7,672 ✭✭✭timmyntc


    The Baltics, Czech republic, Austria, Poland all issue concealed carry permits for firearms.

    Various other EU countries allow gun ownership but don't do concealed carrys



  • Posts: 0 [Deleted User]


    If there is going to be an inquest into death be AT it and NOT about it



  • Registered Users, Registered Users 2 Posts: 8,867 ✭✭✭BrianD3


    Self defence is legal but owning/carrying weapons for self defence is not. A large, strong male who does MMA and urban combatives can legally use his physicality and skills to kill an attacker in self defence if necessary. Whereas a disabled or frail elderly person can't own non lethal CS gas to incapacitate someone. Indirect discrimination? .



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  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    Assault rifles for pensioners, krav maga classes for everyone else.

    Yes I can see it now, we're well on the way to a safer, saner society for sure.



  • Registered Users, Registered Users 2 Posts: 8,867 ✭✭✭BrianD3


    Typical boards post. I mention CS gas you jump straight to talking about assault rifles.

    If one person can defend themselves effectively with their bare hands while another can't due to differences in age, gender or disability status, it seems like indirect discrimination to not allow the latter person to own a non lethal self defence weapon.

    BTW it is virtually impossible for a citizen to legally own an "assault rifle" for any reason, even in the most gun friendly states in the US. And no, an AR-15 is not an assault rifle. .



  • Registered Users, Registered Users 2 Posts: 33,779 ✭✭✭✭Princess Consuela Bananahammock


    That was the difference, though - if the individual is in retreat, then you don't need to defend yourself and at this point you're the aggressor (at least in the eyes of the law).

    And no, that is NOT saying Nally was wrong or Ward was right - just in case it needs to be said.

    As for guns: yeah, we can do without the US-style mass shootings, cheers. Unless you bring in a Chris Rock suggestion and make bullets about 5000 euro each :)

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Registered Users, Registered Users 2, Paid Member Posts: 23,288 ✭✭✭✭dxhound2005




  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2




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  • Registered Users, Registered Users 2 Posts: 1,639 ✭✭✭monseiur


    But our ''great'' legal system makes handy cash on the injured ones too - there was a case some years ago when a gang from a certain city in the mid west on the banks of the Shannon broke into a supermarket in Mayo. The owner, who was living over the shop, heard the racket and came downstairs armed with a shot gun. He managed to get some hot lead into the rear end of one of the scumbags as they legged it. The injured party brought a compensation claim against the shop owner with the help of a barrister & solicitor paid for by us the tax payer...you just could not make it up.

    If the Garda / DPP were on the ball they should have dragged him in front of a judge on a breaking & entering / criminal damage charge and ''persuaded'' him to name the rest of the scumbags in his gang.



  • Registered Users, Registered Users 2, Paid Member Posts: 23,288 ✭✭✭✭dxhound2005


    How much did he get?



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    Civil claims are not "paid for by the tax payer"

    That's a myth



  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Self defence is the most fundamental right there is.

    We handicap oursleves in this regard on the understanding that the government will ensure a relatively safe environment and deal with those who assault others. Our government does no such thing which leaves the average joe at a significant disadvantage.

    Women and other vulnerable people should be absolutely allowed to carry pepper spray so long as they learn how to use it effectively.

    Even with the home defence bill a young man was sent to prison for killing a home intruder. The judge actually claimed it was excessive because the intruder was not armed, as if the victim, a teenager, was required to engage in a Queensbury rules match against a man who was older, bigger, drunk and had just smashed his way into the house. It shows how utterly deluded Irish judges are. The reality is an Irish judge will see the use of a bladed instrument as criminal regardless of the circumstances.



  • Registered Users, Registered Users 2 Posts: 1,639 ✭✭✭monseiur


    Oops ... I forgot to mention that the judge dismissed the claim and rightly gave him a good bollocking - the 2011 Defense of Dwelling act was made law just 6 months previously. (It's known in the USA as 'make my day' act😉)



  • Registered Users, Registered Users 2, Paid Member Posts: 23,288 ✭✭✭✭dxhound2005


    Another one got a bollocking of sorts.

    "A convicted burglar is trying to SUE a shopkeeper after injuring his genitals during the break-in. A gang of three men hit the shop at Main Street in Kingscourt, Co Cavan, but as they fled the scene, armed detectives moved in."



  • Registered Users, Registered Users 2 Posts: 1,639 ✭✭✭monseiur


    According to reports in the papers at the time the scumbag's legal team were paid for by the free legal aid system. By the was I never said it was a civil claim.



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    "Compensation claims" are civil claims. His criminal trial may well have been covered under legal aid, but he is on the hook for legal fees for a civil case. It has nothing to do with the taxpayer.



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    Well there you have it, he didn't even succeed in his claim and is on the hook for the legal fees.



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    The judge didn't decide that, the jury decided that based on the evidence in front of the court. That's our system - you can't blame a judge for a call a jury of peers makes. I'm not terribly familiar with the circumstances, but on first pass I would have been reluctant to convict on what I've read, but 12 men and women felt differently, and we weren't there for the trial hearing all the evidence.

    The judge would have given clear instructions before jury deliberation that the options of murder, manslaughter or not guilty to either were open to them.



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  • Registered Users, Registered Users 2 Posts: 18,155 ✭✭✭✭banie01


    Self defence isn't illegal though. Carrying a weapon or an item for the purposes of self defence is. One is entitled to defend themselves with reasonable force, what that force is? Is subjective and based upon the threat as perceived by the decision maker. Further, there is no requirement to retreat from a threat in ones own home.

    The right to self defence is clear, indeed self defence is recognised as a full defence to a murder charge. That said it is more often a mitigation or a partial defence.

    The subjective nature of what threat a person felt themselves exposed to, is counterbalanced by the reasonable requirement on the use of force.

    If someone attacks me and I defend myself by hitting them until they either retreat or collapse? =Reasonable force

    If someone attacks me and I defend myself by hitting them until they retreat or collapse, and I then persist in countering them after either event? By chasing them from my property and continuing to hit them? Or hitting them post their collapse? =Unreasonable force.

    Circumstances are rarely as clear cut as the above. Issues such as if one is being attacked with a weapon? Is it reasonable to arm myself in response? Is it reasonable to disarm my attacker and defend myself with their weapon? Those are all going to be subjective tests for a court to adduce.



  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭crusd


    Years ago a Garda told my Dad that if an intruder is in your living quarters ie. upstairs or in a bedroom… hes fair game, do whatever you need to ….. the same Garda told my old man, do the same downstairs but make sure we find him upstairs.

    What if you live in a bungalow?



  • Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭crusd


    World would be so much better if you were allowed shoot people with addition or mental health issues



  • Registered Users, Registered Users 2 Posts: 6,340 ✭✭✭Thoie


    As others have pointed out, self-defense is not illegal. If I'm in a workshop, working on something, and someone breaks in and starts attacking me, I won't get in trouble for hitting them with the chisel/mallet/saw, whatever I have in my hand. If I'm in my kitchen and hit them with the hot frying pan I'm holding, that's OK too.

    I can't wander around O'Connell St carrying a chisel and frying pan on the off chance that someone jumps out and says boo to me.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    I'd disagree slightly. Everyone reacts differently to the threat of violence, even when they are afraid for their lives. Some will run. Some will attack. There's no guarantee that if someone is truly afraid that they'll run. That's nonsense.



  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Your'e the lad who touted our home defence bill as giving people the right to defend themselves in their home when it did nothing of the sort in practice.

    The AG tried him for murder, despite the circumstances, and failed then dropped the charge to manslaughter, the boy should never have been charged.

    tTe judge had this to say on sentencing: "The judge also noted that Mr Power was a tall, well-built man while Kerrie was of slight build and younger. But the jury's verdict indicated that Kerrie had used excessive force when he stabbed Mr Power, and the fact that Mr Power was unarmed was an aggravating factor, the judge said." the judge also criticised him for not finding an alternative solution to waking up to find that a man had smashed his way into the house and was assaulting his mother and for arming himself too quickly for the judges liking

    That was the dope who ran the trial, who we can take that Jury decision as suspect. The reality is that the use of knife was a red rag to a bull to the dinner party set in our legal system.

    What should have happened is once it was established that the dead man had smashed his way into the house in the middle of the night that there was no case to answer assuming the worst for killing him. If you're home is broken into it while occupied the law should recognise that all bets are off and you're entitled to assume the worst.



  • Registered Users, Registered Users 2 Posts: 27,473 ✭✭✭✭GreeBo


    So what, shoot him first in case he was going to shoot the OP?

    Hmm doesnt that mean that the presumed attacked in this case should have shot the OP first in self defence?

    Hmmm x 2 now we are back to the OP having to shoot first again.


    I'll leave you to complete the exercise and let us know who should have shot first?



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    The DPP pressed charges, not the AG.

    Self defence must of course be proportionate. I cant throw a cinder block on someone's head if I was punched outside a pub.

    Similarly, in this case there was a dispute about the young man leaving the room, retrieving a knife, coming back to the room and then stabbing.

    That changed the complexion of proportionality in the eyes of the jury and it was noted by the judge in sentancing. Again, I would have been reluctant to convict but a group of 12 ordinary men and women felt his actions weren't proportionate to the threat.

    We have relatively strong self defence in the home laws now. We're not going to get a law where people in their home can use unrestrained and disproportionate force to varying degrees of threats. That would be a charter for murderers to proffer ridiculous defences when the crime is commissioned in the home.



  • Registered Users, Registered Users 2 Posts: 27,473 ✭✭✭✭GreeBo


    Why was he in the car if it was an accident? They had fled his house, after that point its over to the police.



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  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    The trial was directed by a judge who by his own comments showed himself to be completely irrational

    Fascinating that you think an oridnary person should take into account what a judge might consider a disproportionate use of force when someone smashes into your house in the middle of the night and assaults a member of your family.

    The benefit of all doubt should rest overwhelmingly on the victim in any incident of home invasion.



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