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The Water Cooler
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Teen shot in head during home invasion prank ...
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<blockquote data-quote="Dave70968" data-source="post: 1952907" data-attributes="member: 13624"><p>You think making somebody believe that he's been the victim of a potentially-violent felony is a "prank?" That's the failure of good sense: the "pranksters" didn't think through the potential consequences of <em>making their subject believe he was the victim of a home invasion.</em></p><p></p><p>I realize this was in Alabama, but let's look at it in the context of Oklahoma law.</p><p></p><p></p><p>Pay close attention to the boldface parts. The Legislature has affirmatively found that A) one has a right to expect absolute safety in his home, and B) that if somebody breaks into your home, you're presumed to have a reasonable fear for your safety. You're not required to ask your invader his intent, or wait for him to start waving a gun at you; when you see him unlawfully in your home, you get to act first.</p><p></p><p>The mental midgets in question deliberately and willfully created in the shooter's mind the impression that he was in a home invasion. This brilliant decision caused the shooter to fear for his life--reasonably, in the eyes of the Legislature, and frankly, anybody with a lick of sense--and to act accordingly. I will grant you that they were not unlawful invaders for the purpose of section (B)(1); however, section (B) would be fundamentally pointless if the law imposed a duty to ask "hey, are you a real home invader, or just a dumbass playing pranks?" before defending oneself. The shooter, reasonably believing he was the subject of a home invasion (remember, creating that belief that was the other kids' <em>stated intent</em>), responded accordingly. If my kid responded the same way, I'd be proud of him for acting in his own--and potentially my--defense.</p><p></p><p>The decedent should be buried in a hermetically-sealed coffin to make sure none of his aggravated stupidity seeps into the groundwater.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 1952907, member: 13624"] You think making somebody believe that he's been the victim of a potentially-violent felony is a "prank?" That's the failure of good sense: the "pranksters" didn't think through the potential consequences of [I]making their subject believe he was the victim of a home invasion.[/I] I realize this was in Alabama, but let's look at it in the context of Oklahoma law. Pay close attention to the boldface parts. The Legislature has affirmatively found that A) one has a right to expect absolute safety in his home, and B) that if somebody breaks into your home, you're presumed to have a reasonable fear for your safety. You're not required to ask your invader his intent, or wait for him to start waving a gun at you; when you see him unlawfully in your home, you get to act first. The mental midgets in question deliberately and willfully created in the shooter's mind the impression that he was in a home invasion. This brilliant decision caused the shooter to fear for his life--reasonably, in the eyes of the Legislature, and frankly, anybody with a lick of sense--and to act accordingly. I will grant you that they were not unlawful invaders for the purpose of section (B)(1); however, section (B) would be fundamentally pointless if the law imposed a duty to ask "hey, are you a real home invader, or just a dumbass playing pranks?" before defending oneself. The shooter, reasonably believing he was the subject of a home invasion (remember, creating that belief that was the other kids' [I]stated intent[/I]), responded accordingly. If my kid responded the same way, I'd be proud of him for acting in his own--and potentially my--defense. The decedent should be buried in a hermetically-sealed coffin to make sure none of his aggravated stupidity seeps into the groundwater. [/QUOTE]
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