“I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.
But what the trespasser is doing on that private property can be used as mitigating circumstances in assessing the appropriate charges and resulting punishment.
My guess is that in many parts of the USA, a property owner shooting this particular trespasser doing this particular act would face only manslaughter charges- and possibly not even that (fighting words doctrine).
The same concept works with trespassers burning a cross on a black person's property. Yes, killing them for the act of tresspassing is unlawful. Could the actions of these particular trespassers lead to lesser charges against the shooter?- probably so.
Last edited by Cryptic; 09-11-14 at 09:30 AM.
I don't see an actual crime being committed other than perhaps trespassing if he was on private property.
Stupid is as stupid does, first by doing it, second taking pictures, thirdly posting it on FB for the world to see.
All of my own Jesus statues are equipped with a secret mechanical device that is only tripped when the statue senses certain motions.
"you're better off on Stormfront discussing how evil brown men are taking innocent white flowers." Infinite Chaos