What's Legal And What's Not...

Discussion in 'Higher Ed' started by Jimbee68, Aug 14, 2024.

  1. Jimbee68

    Jimbee68 Member

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    Some people have strange ideas of what the law allows them to do. Especially in my country. Stand-your-ground laws don't give you the right to be judge, jury and executioner. They just give the person who is being robbed or assaulted more rights with regard to self-defense. (And self-defense is already covered with the idea of duty to retreat in assaults and thefts. Which is why some people think stand-your-ground is a pretty stupid idea.)

    There is also the idea of self-help. Self-help just means its legal to do certain things when you don't have time to wait for the police to arrive or you don't have the time or resources for a trial. But you have to be very careful. No physical contact must be made. A repo man can come to take your car away, if it is on the front lawn, but never in the garage. And if there is any "breach of peace", IOW if you just come out of the house and start arguing with him, that is illegal. The repo man must leave at once. You can tell someone that if they don't give you back the wristwatch they stole you'll report them. That is not extortion (like it normally would be) because it is your watch. But you can't walk up to them and pull it off their wrist, not even on a public place like a sidewalk or street. Because that is always an assault.

    There is also the doctrine in criminal law of necessity. It says in Law Dictionary by Steven H. Gifis, no one is ever justified in escaping from a prison, even if it is later found that their imprisonment was in error, or even patently illegal, for that matter. However, they can claim "necessity" if the prison conditions were very bad or unfair. They would still have to go back to jail, they just couldn't be charged with a crime. However, the U.S. Supreme Court last said this in 1980 when the court was still very "liberal". So this may no longer be the case.
     

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