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Why is self-defense illegal?

13

Comments

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


    A judge in a criminal trial only mediates legal issues, ensures a fair trial and provides direction to juries on their options before deliberation.

    He gave clear instructions that the defendant was entitled to use proportionate force and that the option of a not guilty verdict is open to them. It was up to the jury to decide if the force used was proportionate with regard to the circumstances.

    You're mad with the jury, not the judge.



  • Registered Users, Registered Users 2 Posts: 3,204 ✭✭✭tinytobe


    Self defense is not illegal if there is an immediate threat to your life and to your property.

    It's more on how you do it and firearms are not part of that.



  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    You can't really have any aids to help you though. Well, you can at home, but you can't when you're out and about.

    So if you are walking down a street in Dublin and are accosted by a gang of scum, if you are no good at fighting you are kind of boned and just have to take whatever they have in mind for you.

    It's why I'm all for pepper spray. Doesn't require any physicality or strength, anyone can use it. Won't cause long term damage, just temporarily blindness so you can get away. Seems like an obvious choice really.



  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    Pepper Spray (or any other deterrent) will never be allowed in Ireland as the legal and "won't someone think of the poor criminals" bleeding heart brigade lobbies are too powerful.

    Better a thousand women be raped than one poor thug suffer temporary discomfort.



  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    The thing is as well, not all pepper spray is created equally.

    They have different concentrations, different distances they can spray.

    You could legalize a certain type with a very restricted use and still keep lots of others illegal.

    Interesting post I saw on reddit:

    'In Italy the only requirement for ownership of a pepper spray is to be 16 or older. However, not all pepper sprays are legal to sell, because they have to abide by some government rules to be considered instruments that can only cause temporary effects and not permanent damage. Here's what they are:

    Only Oleoresin Capsicum is allowed as active ingredient (it's the natural oil extracted from spicy plants)

    Can't have more than 20 mL of liquid

    Can't have a bigger reach than 3 metres

    Can't have a concentration of actual capsaicin bigger than 2,5%

    And then normal safety things like having all the appropriate warnings on the labels and not containing flammable or toxic substances.'



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  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    One of the funniest excuses for not allowing deterrents here are "sure won't the criminals use them then" - as if criminals wait for something to be legalised before they use it. The clue is in the name.



  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    Here's a map of Europe with pepper spray legality by country.

    Would be interesting to see if the countries in green all have outbreaks of criminals using the stuff

    ma1onrx8zev71.png




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


    You can licence a gun (not for self defence) but pepper spray is totally illegal. Go figure.



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


    not hard to figure? a gun can be used for hunting or recreation, and is licenced as such.

    pepper spray is designed solely for use against humans.



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


    Certain people are of the opinion that judges are beyond reproach ....nothing could be further from the truth. In Padraig Nally's case - in the original trial the judge directed the jury to find Padraig guilty of murder, which they did and was imprisoned. He appealed on the basis that the judge was wrong in law to give such direction to the jury. Nally won and was released. Judges are mere mortals and get it wrong more often than we are led to believe, hence the right to appeal to a higher court and in certain cases to ECJ in the Luxembourg.



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  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    Who are you to tell us how we can use our pepper spray? Might be handy for a quick tarting up of take away food while you are out. Maybe some masochists might like spraying themselves in the eyes for recreation.

    Could always go down the 'practical shooting' sports road with some 'practical pepper spray'. (actually that might be a bit of fun)



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


    lloks like i had remembered what i stated in the second paragraph incorrectly;

    (5) It is immaterial whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned.

    https://www.irishstatutebook.ie/eli/2011/act/35/section/2/enacted/en/html



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




  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    Have to wonder how far you could push that food grade angle.

    Fair enough, a bottle of pepper spray is fairly unapologetically designed for self defense.

    But your own home made spray from peppers/hot sauce? Who's to say it's not for you to spray on your food?

    I suppose it probably still technically becomes a weapon as soon as you use it as such according to the firearms act.



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


    You are quite correct that the judge gave an incorrect direction in that instance, but on the charge of manslaughter, not murder for which Nally was already aqcuitted. He gave the direction (in error) but even the Court of Appeal noted that retrial that the jury should not have been denied the opportunity to return a verdict of not guilty, even if such a verdict may have flown in the face of the evidence.

    He was quite correct that the evidence should logically lead to a verdict of manslaughter, and the Court of Appeal affirmed his right to say so (read the verdict) - they did however say he went too far in directing the jury. In the second trial, the jury essentially practiced jury nullification (feel free to Google), which led to a change in the law.

    Judges are of course not beyond reproach, but there are no grounds to reproach the judge in the case of the stabbing in Waterford. He oversaw the trial fairly and gave fair pre-deliberation directions within the confines of legislation by members of the Oireachtas that people voted for. The jury delivered the verdict, not the judge. That's how it works.

    On a counterveiling point to the above, there is a growing populist hum (evidenced by Dyr's post) which aims to bring the entire judiciary in to disrepute despite him clearly not understanding the criminal justice process and the role of the trial judge within it. His comments about the "dinner party set" and knives are part of a broader populist theory everything, where there's a black-hand and conspiracy against the everyman behind everything. We actually have a very well functioning (not perfect) judiciary that stands up against any in the world. Deride it and undermine it at your peril, because you can blow it up if you want, but I don't have any faith that people giving out about elitist "dinner party sets" would design anything approaching anything approaching fair and just as we have at the moment.



  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    It would come down to circumstance i would think - if you sprayed a burglar in the face with hot sauce in your kitchen you'd likely get away with it - do it on the street, and the honourable m'lud would probably do you for having a weapon in a public place.

    A lawyer friend once told me that, in Ireland, if you beat the living bejaysus out of a burglar with a hurley, you could argue self defence with an item that just happened to be lying around "after the kids hurlng training" whereas if you gave him the same beating with a baseball bat, it is a much harder sell (unless you happen to be American).



  • Registered Users, Registered Users 2 Posts: 941 ✭✭✭Baba Yaga


    can only speak about italy,sardinia in particular,its easy enough to get legaly and no they dont have battalions of scobies running around pepper spraying each other or anyone else,mind you there isnt really a huge scobie problem there either,the locals themselves and the polizia and the carabinieri wont put up with it...

    yo! donnie vonredactedpants,vlad putin,benji netanyahu,vic orban..you sirs are the skidmarks on the jocks of humanity!!!



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


    Another typical boards post, a confident statement with no explanation or backup.

    You might want to look at the definition of indirect discrimination.

    "Indirect discrimination is when there’s a practice, policy or rule which applies to everyone in the same way, but it has a worse effect on some people than others"

    Self defence is legal yet the blanket ban on owning weapons for self defence affects those of a certain age, disability status and possibly sex (all of which are protected characteristics) more than it affects others.

    This being Ireland there is as, usual a nudge nudge, wink wink attitude. That's why we have why elderly farmers keeping shotguns even though they rarely/never use the firearm for the purpose for which it was legally obtained i.e. shooting vermin - well the feathered and four legged kind.



  • Registered Users, Registered Users 2, Paid Member Posts: 36,851 ✭✭✭✭o1s1n
    Master of the Universe


    It's all about intent alright. You could easily argue you'd a baseball bat I'd say, just liked playing rounders!

    Particularly if it happens in your home. Outside is a whole different ball game.

    Then again, remember that case not too long ago where a Brazilian delivery driver in Dublin got off from a murder charge after stabbing some young lad twice in the chest in self defense?



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




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  • Posts: 18,046 ✭✭✭✭ [Deleted User]


    All I've learned is that if you have the right to do it, you may as well kill them so they can't sue you.

    My opinion on this is far far more extreme than most people. I think you should be allowed to use lethal force against anyone who uses violence against you or breaks into your home. Even a punch outside Supermacs should be seen as attempted murder. Throw every violent offender in the country into an island prison.

    I'm sure you'd never guess I've had the shlte kicked out of my body and head my three lads and I've also been robbed in my home at knifepoint.



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


    As you say it, the stampede incident in Turin in 2017 where two people were killed and thousands injured was caused by a group of criminals using pepper spray to mug and rob people in a piazza where people were gathered watching a Champions League match.



  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    Hardly a reason to ban it. Literally more people have been killed by falling coconuts since then than died in that incident, and the pepper spray was incidental - the scumbags would have used something else just as well.



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


    Dead scumbags family/dependents can still sue. This, and the threats of reprisals (given the type of people you are likely dealing with) are at least as significant as any criminal case.

    I have significant assets and scumbags would have a field day taking civil cases were I to injure/kill them or their family in self defence. So in my case, it really would have to be a life or death situation, not catching someone in my house robbing my DVD player and dispatching them "to be sure to be sure".

    However, by the time I become elderly, have less time left to live and am more vulnerable to being attacked, i won't give a fcuk about being prosecuted, sued or reprisals. As I probably won't have the physical strength to draw my 70 lb compound bow then, I'll have to find a different sporting activity. Something like clay pigeon shooting perhaps, no strength needed to pull a trigger!



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


    Tell the families of the dead.

    Maybe the people in the square should have pepper sprayed the thieves doing the pepper spraying, and everything would have evened out and nobody would have died. The only thing that stops a bad guy with pepper spray is a good guy with pepper spray - that's the saying isn't it?



  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    Silly post.

    Using a single tragedy where pepper spray was an incidental element in a stampede (actually caused by people thinking there was a bomb) is a stretch even for you. Given that several people were murdered by immigrants in Ireland last year, should we ban immigrants too?



  • Registered Users, Registered Users 2 Posts: 941 ✭✭✭Baba Yaga


    i remember that.. they got the 4 or 5 lads that did it,they got 10yrs plus prison and the mayor,her chief of staff and a few other officals and a police commander got a year or two each for not policing the thing properly...

    yo! donnie vonredactedpants,vlad putin,benji netanyahu,vic orban..you sirs are the skidmarks on the jocks of humanity!!!



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


    It absolutely was not incidental to the stampade. The use of pepper spray directly caused the incident.

    The poster blithely said it's all gravy in Italy with pepper spray and there are no scobies and something about the Carabinieri . Well looky here, a mass incident in Italy with scobies and pepper spray that led to two deaths and thousands of injuries.

    I'd ban silly sausage strawman posts before immigrants, but that's just me.



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


    But you wrote "Indirect discrimination?". And "it seems like indirect discrimination". I was answering your question, and I wanted to make up your mind for you. I repeat, it is not discrimination.

    I did not see any reason to explain further.



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  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭NattyO


    I didn't expect you to give a coherent answer, and you didn't disappoint.

    "I'd ban silly sausage strawman posts before immigrants, but that's just me."

    If you did that, your entire content would disappear, and what would we do then 😏



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