Teen mother shoots man breaking in her house while on the phone with 911

[valo403]

Originally Posted by PIMking

The people that were not there are the ones that get to judge whether you life is on the line? good stuff

People that weren't there have judged every single criminal case since the invention of the modern justice system. It would be rather difficult to come up with an alternative.

[troutman]

Originally Posted by valo403

People that weren't there have judged every single criminal case since the invention of the modern justice system. It would be rather difficult to come up with an alternative.

Of course in my day, we had the Trial By Ordeal:

http://en.wikipedia.org/wiki/Trial_by_ordeal

Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience. In some cases, the accused were considered innocent only if they survived the test, or if their injuries healed.

[Hemi-Cuda]

there have been many cases even in the US where an intruder has been shot and the resident charged, but they always have muddy circumstances. this is as clear cut self defense as i can ever remember reading about, so no way does the woman get charged if this happened in Canada. called 9/11 first, explained the situation, held tight until the intruder broke through a locked door, then she used lethal force as a last resort. i can't see how that gets charged in any reasonable democratic country

[Cowperson]

Originally Posted by Hemi-Cuda

there have been many cases even in the US where an intruder has been shot and the resident charged, but they always have muddy circumstances. this is as clear cut self defense as i can ever remember reading about, so no way does the woman get charged if this happened in Canada. called 9/11 first, explained the situation, held tight until the intruder broke through a locked door, then she used lethal force as a last resort. i can't see how that gets charged in any reasonable democratic country

If the cops can kill someone attacking them with a knife, why can't a teenage mother?

Cowperson

[jayswin]

Originally Posted by Hemi-Cuda

called 9/11 first, explained the situation,

lol

[Barnet Flame]

Originally Posted by fotze

Judges and juries determine reasonableness all the time. Thats who.

Oh, so when I'm startled from my sleep in the middle of the night and my family is under attack, the first thing I should do is seek legal advice?

[Rathji]

If you don't understand what force is considered reasonable, then you should find out. It's not rocket surgery.

[Sainters7]

Originally Posted by SilverGS

Good on her for protecting her herself and her baby but definitely sounds like there is more to the story. Who shows up one day wanting entry then tries to break in armed again a week later?

Probably casing the place, seeing who was around at that time, who else lived there (if any), etc.

Preying on a woman who's still fresh in the grieving process of losing her husband and has a small baby, jeebus. My only hope is she shot him somewhere where he could slowly and painfully bleed to death. What a complete POS.

[Barnet Flame]

Originally Posted by Rathji

If you don't understand what force is considered reasonable, then you should find out. It's not rocket surgery.

You are spot on when you say it isn't rocket science. Rocket science deals in absolutes.

Every situation is unique including the state of mind of the victim attacked for no reason whatsoever.

[valo403]

Originally Posted by Barnet Flame

You are spot on when you say it isn't rocket science. Rocket science deals in absolutes.

Every situation is unique including the state of mind of the victim attacked for no reason whatsoever.

Hence the need for judges and juries to determine reasonableness on a case by case basis.

[Rathji]

A knife is lethal force. That means, that without question, you can use lethal force to defend yourself.

If you don't think so, point out in where in relevant section of the Criminal Code of Canada that supports that fact. I have reviewed it briefly, and I cannot find anything regarding this situation, where it would invalidate a self defense justification.

Understand that if somehow it makes it to trial, you will be defending yourself in front of a jury, not a single judge.

[Locke]

Originally Posted by shermanator

And yet, if this had happened in Canada, she would've been charged with murder or manslaughter....

Dead men file no charges.

[Jimmy Stang]

There was a home invasion near Langdon a few years ago. One intruder dead, the other charged and sentenced to seven years, as well as charges to a woman who helped plan it. Owner of the house who stabbed the bad guy? Not charged.

Just a local example under different circumstances, but clearly the homeowner wasn't hung from the gallows for murder and the surviving intruder isn't frolicking around in a sunny meadow with puppy dogs and butterflies as some would suggest of the Canadian justice system.

[Barnet Flame]

Originally Posted by valo403

Hence the need for judges and juries to determine reasonableness on a case by case basis.

There have been some shocking miscarriages here that have astounded society and created massive angst amongst society. The law and the courts are not reflective of the wishes and opinion of society. Juries are instructed by judges to deliberate on the points of law, not what they feel is right and the law in this instance often fails to protect the victim.

[Buff]

Originally Posted by ClubFlames

..and sentenced to 90 days of community service.

reduced to 30 days for the night or two that she spent in jail.

[scotty2hotty]

Am I the only one who thinks she seemed a little too calm and cool through all of that?

[saskflames69]

Go ahead.. make my day.

Because this story sure did. Somebody should set up a trust fund for her and her baby.

[Locke]

Originally Posted by scotty2hotty

Am I the only one who thinks she seemed a little too calm and cool through all of that?

Are you insinuating that this may not have been the first fool she's cooked?

[scotty2hotty]

Not really sure what I'm getting at.

Just saying that I'd be whimpering more like an 18 year old girl than she was in that situation.

[valo403]

Originally Posted by Barnet Flame

There have been some shocking miscarriages here that have astounded society and created massive angst amongst society. The law and the courts are not reflective of the wishes and opinion of society. Juries are instructed by judges to deliberate on the points of law, not what they feel is right and the law in this instance often fails to protect the victim.

You would prefer that juries be guided by the whims of their particular composition on that day then the rule of law?