imported post
arentol wrote:
I am not talking about a prosecutor who is particularly against armed civilian self-defense. I am talking about a DA who wants to be re-elected and has a major public case before him with a large number of voters supporting the prosecution. Sadly public opinion a/o the desire to be re-elected has cause DA's to prosecute people just to make themselves look good. For instance:
http://en.wikipedia.org/wiki/Mike_Nifong
You bring up Mike Nifong as an example of the impurely motivated prosecutor. He was only one out of thousands and thousands of prosecutors that go about their business, on a daily basis, far more honestly than him. The fallout from the "Nifong" case was no doubt a warning bell for those that feel they can push the envelope based on their personal agendas. The closest Nifong will come to practicing Law in the future will be cleaning the toilets and urinals in a law firm's bathrooms.
As for using Deadly Force to stop a Felony, just remember that Washington State Law specifically states that only sufficient force shall be used to stop the threat.
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RCW 9A.16.020
Use of force — When lawful.
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
9A.16.050
Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
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Just killing someone because they are comitting a felony doesn't always give one a free pass. That's going to always be the rub. Did you HAVE to shoot? Did you feel your life, or that of another, was in jeopardy? Could other means (that you had available) have been employed? Lots of questions to be answered and little time to do so when the chips are down. Make a mistake and it won't matter what the Prosecutor's political aspirations are. You could be deep "in the sauce" when it's all over.
Knowlege of the law(s) and training are the best tools. The rest is pretty much up to how well you implement both.