this post was submitted on 15 Sep 2023
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[–] hitmyspot@aussie.zone 44 points 1 year ago (2 children)

I think the difference is welf defense in Europe is defending your person, not your property. If someone breaks in, you don't have the right to hurt them. You call the police. If they were trying to attack you or you alerting them to your presence makes them come for you, then of course you can defend yourself.

Self defence is just that. Defence of the self.

One thing that your 2a right also means is that your criminals are likely to be armed. Ours are less likely to be and certainly much less likely for petty crime. The police in Ireland, for instanc, don't carry guns.

If someone breaks into my house. I'm not approaching them with hugs. I'm calling the police and grabbing a golf club or poker or similar.

[–] shalafi@lemmy.world 11 points 1 year ago (1 children)

This guy is extremely conservative and a former cop. (He doesn't fly his politics, but you can tell.) He has testified in dozens of deadly force trials as an expert witness. Here's what he has to say about defending property. Very eye opening.

“In the anti-gun Spokane newspaper, internet comments indicated that many people had the clueless idea that Gerlach had shot the man – in the back – to stop the thief from stealing his car. One idiot wrote in defense of doing such, “That ‘inert property’ as you call it represents a significant part of a man’s life. Stealing it is the same as stealing a part of his life. Part of my life is far more important than all of a thief’s life.”

Analyze that statement. The world revolves around this speaker so much that a bit of his life spent earning an expensive object is worth “all of (another man’s) life.” Never forget that, in this country, human life is seen by the courts as having a higher value than what those courts call “mere property,” even if you’re shooting the most incorrigible lifelong thief to keep him from stealing the Hope Diamond. A principle of our law is also that the evil man has the same rights as a good man. Here we have yet another case of a person dangerously confusing “how he thinks things ought to be” with “how things actually are.”

As a rule of thumb, American law does not justify the use of deadly force to protect what the courts have called “mere property.” In the rare jurisdiction that does appear to allow this, ask yourself how the following words would resonate with a jury when uttered by plaintiff’s counsel in closing argument: “Ladies and gentlemen, the defendant has admitted that he killed the deceased over property. How much difference is there in your hearts between the man who kills another to steal that man’s property, and one who kills another to maintain possession of his own? Either way, he ended a human life for mere property!” ― Massad Ayoob, Deadly Force - Understanding Your Right To Self Defense