We heard & read this kind of rant before.
Did Martin deserve to die for the crime of residential burglary?
No, she did not.
Under the California penal code, the penalty for that crime is up to six years in prison. It does not call for the death sentence.
Miller and her accomplice allegedly jumped on the homeowner, so the pair was also guilty of simple assault, a misdemeanor in California punishable by a fine up to $2,000 and/or up to six months in jail. Greer never mentioned that either assailant had a weapon and since neither used one, it is unlikely.
Again, there’s no mention of the death penalty for a simple assault.
But this is where it gets complicated.
While the penalty for burglarizing a home could be six months to six years depending on the judge’s ruling, the “castle doctrine” is in effect in California.
Under the state penal code, if someone forcefully or unlawfully enters your residence, it is presumed they are there to do physical harm, KSBY6, an NBC affiliate, reported, adding that it is also presumed the resident has the right to use deadly force against an intruder.
In other words, it’s “stand your ground,” California style.
via California case more reason to outlaw ‘stand your ground’-type defenses.
I will always presume that whomever sides with this asinine argument has never been the victim of a home invasion or any time of violent crime. I figure that they would rather see a family leave the house or be passive or even better: poll the criminals as to what their intentions are before committing to a course of action. But the stupidest of all is to put the burden of responsibility on the victim as if it is his fault that some jackass decided to break into his house and steal their things. Pretty much like blaming rape victims for the actions of the rapist…if she had not worn that dress or even had a vagina…
And maybe the jackass breaking into a home is really not a bad guy but somebody in a bad moment who made a bad decision. But unfortunately we have no way of knowing this and we have way too many of the following to be giving free passes:
They tied the 33-year-old dialysis patient to a chair with cables and extension cords and hog-tied his 27-year-old roommate and threw him naked into the bathtub.
The victims say the men wanted money and kept repeating: “You’re gonna die tonight. You’re gonna meet your maker!”
The two roommates begged for their lives as the robbers ransacked their home looking for money and valuables.
“I really thought that they were gonna kills us,” one said.
via In KCK, robbers force gun into victims’ mouths, point them at their heads to steal electronics, money | fox4kc.com.
I am not willing to gamble my life or the life of my loved ones betting on that I will get the “nice” kind of Home Invaders. That is why the law gives people such a latitude when it comes to defending a home. That is why we have a Castle Doctrine in this country.
So when somebody asks you if you are willing to kill somebody because they want to steal your TV, you can ask in return “Why would anybody risk their lives in order to steal a TV”?