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Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial
The question the jury has to ask is that the use of force what any reasonable person would do. Not what the defendant thinks is reasonable but what a reasonable person would do. if we went by what the defense thought was reasonable we wouldn't have need of a trial.
The jury couldn't agree if what he did was reasonable as some thought it was others didn't. he still has to answer for shooting at innocent people which are the other 3 boys in the car which the jury found was above and beyond reasonable.
unlike what excon thinks you are not immune from collateral damage.
There isn't anything that i am aware of. you are responsible for any bullet fired out of a gun and including innocent people outside the perceived threat can still land you in jail.
What am I wrong about? An affirmative defense being necessary when one is on trial for murder and claiming self-defense? No, I'm not. In an affirmative defense, the defendant admits he shot/killed someone - which is against the law - and must show, to the satisfaction of the jury that he acted in self-defense. If he can convince the jury of that, he'll be found not guilty. What is it that you disagree with here?
The question the jury has to ask is that the use of force what any reasonable person would do. Not what the defendant thinks is reasonable but what a reasonable person would do. if we went by what the defense thought was reasonable we wouldn't have need of a trial.
The jury couldn't agree if what he did was reasonable as some thought it was others didn't. he still has to answer for shooting at innocent people which are the other 3 boys in the car which the jury found was above and beyond reasonable.
unlike what excon thinks you are not immune from collateral damage.
[/QUOTE]I think you're wrong here. If I am acquitted of shooting/killing a burglar in my home based on self-defense, I can still be held responsible for the fact that I fired six shots and one of them went through the wall and shot a baby in the head. If you have a link that proves otherwise, I'd be happy to have a look.
There isn't anything that i am aware of. you are responsible for any bullet fired out of a gun and including innocent people outside the perceived threat can still land you in jail.