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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe police have no duty to protect you. Really, they don't.
http://www.nytimes.com/2005/06/28/politics/28scotus.htmlJustices Rule Police Do Not Have a Constitutional Duty to Protect Someone
By LINDA GREENHOUSE
Published: June 28, 2005
WASHINGTON, June 27 - The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.
The decision, with an opinion by Justice Antonin Scalia and dissents from Justices John Paul Stevens and Ruth Bader Ginsburg, overturned a ruling by a federal appeals court in Colorado. The appeals court had permitted a lawsuit to proceed against a Colorado town, Castle Rock, for the failure of the police to respond to a woman's pleas for help after her estranged husband violated a protective order by kidnapping their three young daughters, whom he eventually killed.
For hours on the night of June 22, 1999, Jessica Gonzales tried to get the Castle Rock police to find and arrest her estranged husband, Simon Gonzales, who was under a court order to stay 100 yards away from the house. He had taken the children, ages 7, 9 and 10, as they played outside, and he later called his wife to tell her that he had the girls at an amusement park in Denver.
Ms. Gonzales conveyed the information to the police, but they failed to act before Mr. Gonzales arrived at the police station hours later, firing a gun, with the bodies of the girls in the back of his truck. The police killed him at the scene.
liberal N proud
(60,790 posts)I am sure the court deems it appropriate for them to protect the corporate property.
jp11
(2,104 posts)Of course the laws are often written by the richest corporations/people.
Bake
(21,977 posts)Yeah, right. Sandblast that shit off of there.
Bake
FarCenter
(19,429 posts)Or has it become widely used?
Serve The Servants
(328 posts)Zalatix
(8,994 posts)me b zola
(19,053 posts)lunatica
(53,410 posts)and a foretelling of today's police actions against the OWS. We live in a police state. It may still look somewhat benign if you're a stay at home and shut up law abiding citizen, but it isn't. Any police department that has this vehicle in it's arsenal isn't thinking it's to serve you.
ProgressiveProfessor
(22,144 posts)Its been that way for many years.
As the saying goes, when you need a cop in seconds, he will be there in minutes. Until then, you are on your own.
xchrom
(108,903 posts)Other wise the NRA & other 2a fundies won't take them to brunch & pay for their vacations.
-..__...
(7,776 posts)Concurrence: Souter, joined by Breyer
Dissent: Stevens, joined by Ginsburg
http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales
Pathwalker
(6,602 posts)Edweird
(8,570 posts)Yes, I realize that some people will try to use SYG as cover for murder - but here's a clue: people will murder each other no matter WHAT you do.
The problem with SYG is that it lets cold-blooded murderers get away with it if they have a good enough story.
Using the logic of "people murder others anyway", we should eliminate speed limits since "people will speed anyway".
Edweird
(8,570 posts)I personally find it astounding that people want restrictions on self defense. It just does not compute.
Do you agree that Speed Limits are a terrible thing, an infringement of liberty, that we need to get rid of?
Edweird
(8,570 posts)bongbong
(5,436 posts)Millions of wingnuts consider speed limits to be an infringement on Liberty, just like gun-religionists consider any limits on their beloved to be the same infringement.
ZombieHorde
(29,047 posts)I had a cute, red Mustang at the time, and it was pretty fun.
The Federal Government got pretty pissy about it though, and the speed limits were eventually reinstated under coercion.
Art_from_Ark
(27,247 posts)when I traveled through Montana
ZombieHorde
(29,047 posts)Maybe about eight to ten years ago.
Art_from_Ark
(27,247 posts)So the trend goes back at least 20+ years
ZombieHorde
(29,047 posts)1994-1999. Looks like deaths actually increased by 111% after speed limits were put back in place. Safety wise, we were better off without them.
Edweird
(8,570 posts)bongbong
(5,436 posts)Lots of people feel speed limits are hindrances to their freedom.
Edweird
(8,570 posts)jp11
(2,104 posts)and pursue cases they think they can win in the face of a law that says they have no case, ie SYG. Nothing stops anyone from defending themselves what I and many others want is for people to not have a 'get out of jail card' that goes right into the hands of police. When you legalize the killing of people sans trial you remove the accountability.
I find it astounding that there seem to be people that equate a trial by jury or even civil suits to try and extract some form of justice for the murder of another person when it may not have needed to happen. All cases aren't the same some self defense cases are just that but they should ALL have to stand up in a court of law where a jury decides if the person defending themselves did the right thing or went too far. SYG type laws remove that and offer essentially a blanket of protection to kill people without much of any scrutiny provided you 'did it right'.
SYG laws have much more room to exploit the killing of another person than not having it.
Without those laws how is anyone stopped from defending themselves? Do their guns suddenly not fire? Do they suddenly lose the ability to fight back? Or is it that they might have to consider the consequences of their actions, that they might not have 'blanket immunity' to kill the person they see as a threat? I have no studies to reference but I think once you remove that 'taboo' or 'limitation' on killing people at will (in that defense scenario) people will no longer 'worry about it' cause they know they are legally allowed to do so.
Edweird
(8,570 posts)Which means it is illegal. Which means you aren't allowed to do it. Which, to me, is mind boggling.
EOTE
(13,409 posts)That's more than just mind-boggling, that's insane and ridiculously stupid.
Edweird
(8,570 posts)Some people would rather see innocents die than defend themselves. If you personally feel strongly about it, feel free to take your chances but don't force me to acquiesce to the violence of others. Your stance puts an arrest record, enormously expensive defense lawyers, the risk of imprisonment (and the accompanying loss of employment and family) as well as civil judgements on the shoulders of someone who chose not to be a victim. THAT is insane.
EOTE
(13,409 posts)Uhhh, yeah officer, he jumped right at me!
I'd imagine if such laws were enacted, the murder rate would drop to near zero within a year. No one would be murdered, it would all be self-defense. Do you even know how batshit-insane your argument is?
Edweird
(8,570 posts)I also believe that we have zero chance of convincing the other that their position is mistaken. So, I think we're better off agreeing to disagree and leaving it at that.
EOTE
(13,409 posts)There would never be any accountability for murder under the way you wish to operate things. You haven't addressed anything I've said, so while you can agree to disagree, you haven't explained in the slightest how your ideal world wouldn't be an utterly safe haven for murderers.
Edweird
(8,570 posts)Self defense is not murder. So, now that I've addressed your hyperbole and dishonest characterization, anything else?
EOTE
(13,409 posts)And that's quite apparent by the fact that in spite of having SYG in Florida and in spite of the police declaring that Zimmerman acted in self defense, he's still having a trial. If you had your way, as soon as the cops backed up Zimmerman's story, he'd have been free and clear. So, that argument is completely ridiculous.
Edweird
(8,570 posts)Zimmerman acted outside the boundaries of SYG. His parents are connected and that town is apparently corrupt. Is there anything in your argument that is remotely based in reality and honesty?
EOTE
(13,409 posts)Yet the only way to determine if self-defense was truly used is for there to be a trial. If you're simply going to take the cop's word for it, as you are suggesting, then there will be thousands upon thousands of Zimmermans out there, all running free because they know that the cops will care more about expediency than any sense of justice. That's sick.
Edweird
(8,570 posts)The one thing that wasn't covered was the protection from civil suits. It appears as though broad brushes, hyperbole, and outright fabrication are all you have.
EOTE
(13,409 posts)I thought trials are only for when people break the law? You're now saying that people should be able to go to trial when they don't break the law? You're not being very consistent at all, are you?
Edweird
(8,570 posts)If you don't understand it at this point, something is wrong on your end.
EOTE
(13,409 posts)Or you believe that cops should be judge and jury and be the sole arbiters of who goes to trial for murder. As much as I've read your comments, I can't decide which it is. Either way, your position is either incredibly inconsistent, or you want a country in which thousands upon thousands of Zimmermans get away with murder every year. Your pick.
Edweird
(8,570 posts)Police have ALWAYS had the ability to determine 'self defense' and there aren't "thousands upon thousands of Zimmermans getting away with murder". All of this is repeated OVER AND OVER AND OVER consistently and clearly. The problem here is that the facts don't align with your hyperbole and broad brush so perhaps the problem on your end is cognitive dissonance.
EOTE
(13,409 posts)Because the only reason that Zimmerman is in jail now is because of massive public outcry. Of course, if these laws were seen in every state, cases like Zimmerman's will become so ubiquitous that they'd no longer generate that same amount of public outcry. So once again, Florida writ large with no oversight to prevent Zimmerman from going free. You want cops to be judges and juries. Your position is perfectly clear now, you believe in "He was coming right at me!" justice.
OneTenthofOnePercent
(6,268 posts)SYG is not required for the prosocution to decide wether or not to charge someone in a murder (that they belive was self defense). SYG is irrelevent to charging someone with the murder whether they claim self defense or not.
For example, Ohio does not have SYG law. If I defend myself walking down the street in Ohio and the attacker dies... I may not have to go to trial if the prosocution feels it was self defense. This is no different than in Florida which does have SYG laws. If the floridia prosocution feels that you killed someone and it wasn't self defense they can certainly put you on trial - SYG can't stop that. Simply "claiming" self defense is not enough... the prosocution and police have to agree. The Zimmerman case is PROOF of this... Zimmerman killed someone and claimed self defense yet he is still going to trial for murder.
SYG is really only addresses two issues... burden of proof and civil liability. SYG establishes that the state must prove you are guilty of the crime before convicing you and it provides civil immunity (from wrongful death lawsuits) for people excercising self defense. SYG cannot prevent charges from being filed... that power to determine whether a case is self-defense has always rested with the prosocution (whether or not state even has SYG).
EOTE
(13,409 posts)It's the only recourse that families have to protect against worthless PDs like that of Sanford (barring, of course, national outcry which doesn't happen very often).
The only reason that Zimmerman is going to trial is because there was national outrage over the event. Had their not been that public cry, Zimmerman would be scott free right now.
OneTenthofOnePercent
(6,268 posts)That was completely the fault of poor police work driven by a racist PD. Daddy had some nice connections in theright places so junior gets off the hook and a 14yr old is labelled a black hoodied thug. National outrage outed the racist fuckwads and good-old-boy network in that police department and forced the PD to treat the case fairly. SYG had nothing to do with that.
As far as civil immunity, defending yourself in a wrongful death lawsuit is extremely expensive. I would veture to say that it would at least bankrupt the average middle class citizen. In effect, the victim of a crime is now being victimized AGAIN by the family. IMO, if someone is aquitted or not convicted of actions made in self-defense (they are found not lawfuly culpable)... then it should follow they are not civilly culpable as well.
RE: "It's the only recourse that families have..."
I don't think it's the responsibility of a victim who acted in self-defense to pay restitution for the racisist/institutionalist actions of a corrupt police department. The defendant should be the police/state in such a lawsuit... not the person who acted in self defense.
EOTE
(13,409 posts)If SYG hadn't been in effect, the family would have had other options than simply waiting for the national outrage to reach such a level that something had to be done about it.
EOTE
(13,409 posts)Or is it fine and dandy that numerous other Sanfords across the country get to enforce their own version of justice with no recourse from the families of the slain?
Edweird
(8,570 posts)EOTE
(13,409 posts)You just seem utterly fixed on proving your signature to be true.
Edweird
(8,570 posts)Substantiate your claims. Quote chapter and verse of SYG to show how evil it is.
EOTE
(13,409 posts)I've expressed numerous times why it's so incredibly fucked up, but you either respond with non-sequitors or you ask some inane question which proves you're not interested in a debate, but rather obfuscation. Learn to debate honestly and maybe you'll get somewhere.
Edweird
(8,570 posts)Only you can't - LOL
EOTE
(13,409 posts)"A civil suit against?". Either you're feigning ignorance, which I won't put up with any further, or you're actually that ignorant, in which case it's totally useless trying to have an actual conversation with you.
Edweird
(8,570 posts)Edweird
(8,570 posts)EOTE
(13,409 posts)I'll take my education from an institution of higher learning, thanks.
Edweird
(8,570 posts)I never said anything about you learning from me - which is typical of the type of dishonesty you have been displaying throughout this entire subthread - I suggested that you educate yourself. Or not. I don't care. If you don't at least you're good for a laugh and use as an example.
Zalatix
(8,994 posts)Serve The Servants
(328 posts)Last edited Mon May 14, 2012, 05:04 AM - Edit history (2)
I think you should lose the protection of SYG if you knowingly and willfully put yourself in danger, escalate a dangerous situation to the point of it becoming life threatening, or if you are engaging in a mutual combative situation.
Now, this is not to say you are automatically guilty in any of these scenarios, but that they should be thoroughly investigated and heavily scrutinized, case-by-case, far beyond what Stand Your Ground would require.
EDIT: Upon further reading, it looks like some of my previously mentioned criteria already disqualify Stand Your Ground from being applied.
Bottom line, it is not OK for you to grab your gun and go play policeman down the street or shoot someone for punching you in the face. Now, if a burglar is in you home and you truly feel threatened, or you are in a street fight and the other guy pulls a weapon - Well, then aim steady.
That being said, I do like the civil protections that SYG put in place if you are not deemed criminally accountable. In my opinion, This civil protection should apply to all felony and misdemeanor situations. It just seems like logic 101.
varelse
(4,062 posts)At least, that is what I'm getting out of Scalia's opinion. I'm not a lawyer though, so maybe I'm missing the point of his argument.
hack89
(39,178 posts)otherwise we wouldn't have violent crime. So if they can't protect you all the time from crime they should not be held responsible if something bad happens to you.
guitar man
(15,996 posts)Because they don't have the ability. In order for them to have that duty there would have to be a cop stationed in front of each of our houses. I really don't think we want that many cops.
So I'll continue to do what I've always done, protect myself and my family, that's my duty.
randome
(34,845 posts)The ruling needs to be parsed on many levels. If police were REQUIRED to protect people, then every murder, every injury would result in a lawsuit.
jpak
(41,780 posts)yup
Zalatix
(8,994 posts)ellisonz
(27,716 posts)...to support the idea they need guns everywhere all the time.
Zalatix
(8,994 posts)Am I wrong in saying the police have no Constitutional duty to protect you?
baldguy
(36,649 posts)This simple fact is twisted by the RW gun nuts to mean they shouldn't protect anyone, ever. Ignoring little things like RW budget cuts, RW union busting and the RW forcing police to do only what they can - so they protect property instead.
The police have a difficult job as it is. The RW takes away the resources they need to perform the task we put to them, then the RW gun nuts fight to put weapons into the hands of the most dangerous individuals under the guise "2nd Amendment Rights", without regard to the individual responsibility that must come with those weapons. No wonder America has a holocaust of gun deaths every year.
Shit like this only makes the task of the police exponentially more difficult.
Zalatix
(8,994 posts)or do you defend yourself?
Your karate versus his handgun, who do you think will win?
baldguy
(36,649 posts)Another gun nut myth.
Zalatix
(8,994 posts)baldguy
(36,649 posts)Electroshock weapons are used more for torture than anything else anyway. And how many people have been killed by these "non-lethal" weapons?
Any weapon that the RW advertises as being only for "protection" can and will be used to commit crimes. On your side, the RWrs, gun nuts & other fascists are working to create a more unjust & belligerent society. More weapons in the hands of more people, rulings by the RW USSC like in the OP, and atrocious laws like SYG are central to that effort, with the hoi polloi and the unwashed masses being forced to cull themselves (and more importantly be distracted from real issues) with those weapons.
OTOH, on Our side, liberals & Democrats seek to create a more just & peaceful society. We don't see the majority as "unwashed masses" meant only to be killed. We see them as us - citizens who must be allowed to govern themselves without the threat of violence or coercion. Guns are not necessary for this objective. In fact, guns are detrimental to it.
Zalatix
(8,994 posts)A rather self-correcting problem, don't you think?
I mean, since you are accusing me of being on the side of RW gun nuts, two can play that game.
baldguy
(36,649 posts)And all you claims to the contrary are just window dressing.
Zalatix
(8,994 posts)ellisonz
(27,716 posts)The gun industry are the one's arming criminals, they sell the guns and advance the political agenda that keeps are gun control laws ineffective. But naw, it's just too logical, the gun industry would never profit off of people's fears!
Zalatix
(8,994 posts)Ok thanks bye!
ellisonz
(27,716 posts)But I probably don't need an AK-varient to do do it - do you need an assault rifle to defend your family?
Zalatix
(8,994 posts)But the anti self-defense extremists even raised hell about that. THAT is the exact discussion you just jumped in the middle of.
ellisonz
(27,716 posts)What I am is anti-stupid gun nuttiness that allows the criminal to be armed in the first place. Make no mistake, it's easier in this country to get a gun than a good job. This debate would be better if we all would stop feeding into the nuttiness by pretending that someone wants to hand over the innocent to the criminal. Let's face the facts instead of flinging hyperbolic bullshit.
Do you need an assault rifle to defend yourself from criminals? Simple question.
Zalatix
(8,994 posts)sarisataka
(20,231 posts)When faced with a violent criminal and the police are (maybe) on the way. What action should I take or what can I use to defend myself?
badtoworse
(5,957 posts)sarisataka
(20,231 posts)I keep hoping someone will be brave enough to answer.
Zalatix
(8,994 posts)And hope that you can outrun THE CRIMINAL'S bullet.
sarisataka
(20,231 posts)I can't out run the spitball
Zalatix
(8,994 posts)ellisonz
(27,716 posts)sarisataka
(20,231 posts)but won't be too effective facing a sexual and/or homicidal predator.
Thank you, though I may disagree with your opinion I respect that you are willing to step up and post it.
Zalatix
(8,994 posts)badtoworse
(5,957 posts)Zalatix
(8,994 posts):sarcsam:
apocalypsehow
(12,751 posts)Fail all the way around.
Zalatix
(8,994 posts)If you can't say that, then the only fail here was your argument.
apocalypsehow
(12,751 posts)Then graduate to even more of an adult concept: putting words in other people's mouths ("So are you saying that since the article is 7 years old, it is factually incorrect?" and following such endeavors up with smilies, is not all that impressive as replies go, really.
Please try again.
Zalatix
(8,994 posts)You did say that. That means you are saying that it fails because it's 7 years old.
Don't try to come back and say that's not what you said. I'm challenging you to back that "reasoning" up.
apocalypsehow
(12,751 posts)I challenge you to re-read my post(s) above, and try it once again. Thanks.
Zalatix
(8,994 posts)Fail all the way around.
I read your post and my analysis is flawless. You clearly implied that the article was wrong because it's 7 years old.
It's right there in clear black and white. You simply cannot admit what you wrote.
apocalypsehow
(12,751 posts)Last edited Sun May 13, 2012, 03:18 PM - Edit history (1)
1. I am not in the slightest disputing what I wrote. You are simply making stuff up.
2. Regardless, I made no "argument" in what I wrote, but offered an OBSERVATION. The article was seven years old; it is irrelevant in the context it was posted; it is an example of fail all the way around.
So, there's that.
Now, do you have anything else to offer? This line of "I saw what you wrote and you are denying it!!!!!" is has been dispensed with, as has whatever kind of nonsensical point you thought you were making, so we're finished with that diversionary swerve of yours into mindlessness. Next?
Edit: proper emphases added.
Zalatix
(8,994 posts)Backtrack much? The only dispensing you're doing here is with your own credibility.
Your "observation" was an argument. The argument was that it is irrelevant.
Your claim that you weren't arguing is wrong; you were trying to discredit the article, which you have totally failed to do.
We are now finished with both your claims. The article is relevant. The article is correct. Your "points" are not valid. Next?
apocalypsehow
(12,751 posts)verify themselves by simply scrolling up.
I know when the little smilie icon gets trotted out, the debate is over.
We are "finished" with something alright, and just about everyone but you has figured it out. Next.
PavePusher
(15,374 posts)This is merely a waste of your time, as you've already proven their words worthless.
This same poster accused me of linking to a racist article on a racist website, and thus supporting racism... but has so far failed to point out any specifics to support their allegation, saying repeatedly "It's obvious".
It's troll-Jello.
apocalypsehow
(12,751 posts)at least be willing to provide a link to said debate you came out on the losing side of. Here, I'll help you:
http://www.democraticunderground.com/117236387
Now, one & all are welcome to decide for themselves what the denouement of that little dust-up was - which is precisely the reason you refused to provide a link in the first place. Typical.
Edit: typo x 2.
Zalatix
(8,994 posts)L0oniX
(31,493 posts)if she really wanted some police action.
raouldukelives
(5,178 posts)backscatter712
(26,355 posts)We just need to accept that police have become the enemy of a free society.
Baitball Blogger
(47,469 posts)ileus
(15,396 posts)Don't pawn it off on others...
badtoworse
(5,957 posts)Zalatix
(8,994 posts)daaron
(763 posts)Guns are for cowards.
coward /ˈkouərd/
Noun:
A person who lacks the courage to do or endure dangerous or unpleasant things.
By definition,I guess I lack the courage to be shot and robbed(unpleasant), because I have a pistol on my nightstand that could prevent this from happening.
daaron
(763 posts)Or if you have children or a wife -- perhaps someone who will hesitate before taking another person's life with a twitch of the trigger-finger -- then perhaps the pistol will be taken from them?
These eventualities are as plausible as the one you have described. In fact, statistics suggest my scenarios are more plausible.
Guns are poor self-defense, if they are properly locked up.
PavePusher
(15,374 posts)But you knew that....
ellisonz
(27,716 posts)Wasn't it because you don't believe the Secret Service is there to protect you in the event of an assassination attempt?
Zalatix
(8,994 posts)PavePusher
(15,374 posts)or secured in a quick-access case of some kind.
Why would a defensive arm be "properly locked up"?
sarisataka
(20,231 posts)A gun used for self defense is properly secured. Not the same thing.
Octafish
(55,745 posts)Benefits of employment by the police state.
ck4829
(35,545 posts)Scalia is a joke.
TheKentuckian
(25,656 posts)They weren't out setting speed traps, fighting the failed drug war, and driving in circles around rich folks homes while ignoring shit neighborhoods other than looking for dope.
DEFUND!
Zalatix
(8,994 posts)One that doesn't include "7th largest army in the world" police forces like the NYPD.
cigsandcoffee
(2,300 posts)If you want to defend yourself or your family from random crime, then you're on your own.
Zalatix
(8,994 posts)and hope they get here before someone gets raped or killed.
daaron
(763 posts)We have to duty to obey the law or their orders?
Which makes them less than irrelevant - but an impediment to justice, itself.
In which case, we will have to start taking the law into our own hands.
In which case, why bother at all? So much for civilization.
I'm sorry, but cops almost universally deserve our scorn and disdain. It has become the career choice of petty bullies. It may be time to raise the requirements for employment from "was a H.S. bully who got a GED".
Zalatix
(8,994 posts)nolabels
(13,133 posts)Oh, that's right, to serve and protect paper and ideas (people be damned). Deceptive advertisement by armed thugs, so what's so new?
Really, people who believe in the power and weapons to hold back people have not done too much interpretation of how history has unfolded through the ages. Don't be angry with those who want to do harm just feel admiration to those historians who have been keeping track. Those who spend much time building houses of cards sometimes know little about floating boats
LynnTheDem
(21,368 posts)It's to "serve and protect" the law. Same in Canada...and most Canadians probably don't realize that, either. It never was meant as "serve and protect" the people.
Mc Mike
(9,133 posts)RB TexLa
(17,003 posts)Great Caesars Ghost
(532 posts)Zalatix
(8,994 posts)Great Caesars Ghost
(532 posts)Zalatix
(8,994 posts)Great Caesars Ghost
(532 posts)It's always a chess game. Just gotta outwit them.
Serve The Servants
(328 posts)Hand to hand and weapons. People should research and choose what they think works best for them, but everyone should learn something.
Better than nothing, and better safe than sorry.
AverageJoe90
(10,745 posts)He might as well as been a criminal mastermind because he's not fit for the Supreme Court. Never was.
heyhoheyho
(12 posts)PavePusher
(15,374 posts)The police are neither manned nor equipped to protect everyone at all times. Nor would you want them to be, the words "police state" being anathema in the U.S., at least in principal.