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Thread: Hello right wing "No Knock", meet right-wing "Castle-doctirine"

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    Default Hello right wing "No Knock", meet right-wing "Castle-doctirine"

    http://tpmcafe.talkingpointsmemo.com...stle_doctrine/


    "No Knock" Meet "Castle Doctrine"
    By Nathan Newman - June 15, 2006, 11:50AM

    Two conservative legal doctrines are on a collision course. Today, the rightwing majority upheld the right of the police to enter homes without warning.

    But recently, states like Florida have been passing NRA-backed "Castle Doctrine" bills that give homeowners the right to assume an unknown intruder is there to do bodily harm and can therefore be shot without any obligation by the homeowner to establish that the intruder is actually a danger.

    Now, the text of such Castle Doctrine laws don't actually protect you if you shoot a police officer, but if the police don't identify themselves when they enter a home, it'll create a pretty bad legal tangle for juries when defendants can claim they thought the officer was an unknown intruder against whom they had the right to shoot on sight.
    "Do not think that I came to bring peace... I did not come to bring peace, but a sword." - Matthew 10:34

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    No Knock is the stupidest ever....
    Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
    - -- Aristotle

    Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
    - -- The Buddha

    It is the mark of an educated mind to be able to entertain a thought without accepting it.
    - -- Aristotle

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    Of course, this story is 2 years old.
    Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
    - -- Aristotle

    Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
    - -- The Buddha

    It is the mark of an educated mind to be able to entertain a thought without accepting it.
    - -- Aristotle

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    Have you not seen film of it employed?

    It has always been a situation in which the Cops had rules to follow and the criminals dont.

    They knock a second before they break down the door. It tells anyone inside that they will not be shooting you if you just get on the ground and show your hands. Lets remember that sometimes there are innocents in the house and that sometimes the cops get the wrong adress.

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    We should extend the castle doctrine against agents of the state.

    any [citizen]...having looked into the acts of a jobholder and found him delinquent, may punish him instantly and on the spot, and in any manner that seems appropriate and convenient – and that, in case this punishment involves physical damage to the jobholder, the ensuing inquiry by the grand jury or coroner shall confine itself strictly to the question whether the jobholder deserved what he got. In other words, I propose that it shall no longer be malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder's desserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined.... If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that the punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course....

    The advantages of this plan, I believe, are too patent to need argument. At one stroke it removes all the legal impediments which now make the punishment of a recreant jobholder so hopeless a process.... Say a citizen today becomes convinced that a certain judge is a jack-ass – that his legal learning is defective, his sense of justice atrophied, and his conduct of cases before him tyrannical and against decency. As things stand, it is impossible to do anything about it.... Nor is anything to be gained by denouncing him publicly and urging all good citizens to vote against him when he comes up for re-election, for his term may run for ten or fifteen years, and even if it expires tomorrow and he is defeated the chances are good that his successor will be quite as bad, and maybe even worse.

    But now imagine any citizen free to approach him in open court and pull his nose. Or even, in aggravated cases, to cut off his ears, throw him out of the window, or knock him in the head with an ax. How vastly more attentive he would be to his duties! How diligently he would apply himself to the study of the law! How careful he would be about the rights of litigants before him!

    H.L. Mencken
    Leviticus 19:33 And if a stranger sojourn with thee in your land, ye shall not do him wrong. 34 The stranger that sojourneth with you shall be unto you as the homeborn among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt: I am the LORD your God.

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    Quote Originally Posted by Damocles View Post
    Of course, this story is 2 years old.
    That's odd. I dunno, I search google news, and its not supposed to spit out stories more than a month old, but it too often gives me these ancient articles. Still, the article is still as important today.
    "Do not think that I came to bring peace... I did not come to bring peace, but a sword." - Matthew 10:34

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    Quote Originally Posted by Desh View Post
    Have you not seen film of it employed?

    It has always been a situation in which the Cops had rules to follow and the criminals dont.

    They knock a second before they break down the door. It tells anyone inside that they will not be shooting you if you just get on the ground and show your hands. Lets remember that sometimes there are innocents in the house and that sometimes the cops get the wrong adress.
    They knock?

    Well it's odd that they call it "No-knock" then. Kind of an innapropriate title.
    "Do not think that I came to bring peace... I did not come to bring peace, but a sword." - Matthew 10:34

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    Quote Originally Posted by RStringfield View Post
    We should extend the castle doctrine against agents of the state.
    That's good satire.
    "Do not think that I came to bring peace... I did not come to bring peace, but a sword." - Matthew 10:34

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    Quote Originally Posted by Watermark View Post
    That's good satire.
    Huh? What satire?
    Leviticus 19:33 And if a stranger sojourn with thee in your land, ye shall not do him wrong. 34 The stranger that sojourneth with you shall be unto you as the homeborn among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt: I am the LORD your God.

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