this post was submitted on 29 Sep 2023
547 points (99.1% liked)

News

23275 readers
3303 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

A jury has found a delivery driver not guilty in the shooting of a YouTube prankster who was following him around a mall food court earlier this year

you are viewing a single comment's thread
view the rest of the comments
[–] JustZ@lemmy.world 7 points 1 year ago* (last edited 1 year ago) (1 children)

The issue in that case if memory serves is that nobody actually knew and could testify as to what happened during the confrontation.

The privilege of self defense can be gained and lost in the course of an altercation. If an initial aggressor says "sorry, I'm outta here" and starts walking away, the initial victim's privilege ends. If you shoot them in the back while they leave, it's a crime. I didn't believe a word that Zimmerman fuck said but the burden of proof was on the state. All Zimmerman had to do in the criminal case was say nothing, which is what he did. In the Martin family's wrongful death suit against the homeowners association, I believe the association's insurer settled for seven figures or more. Guess they thought Zimmerman wouldn't make a very credible witness when he'd be required to testify in civil court. They knew why was he was hastling Martin in the first place, knew Zimmerman's story had gaping holes in it.

The right to remain silent and the reasonable doubt standard rightly freed Zimmerman, in my view.

In the story above, there were numerous witnesses and video. I didn't follow the trial, though.

[–] Salamendacious@lemmy.world -1 points 1 year ago (1 children)

So theoretically if someone shot someone else and there weren't any witnesses or video and the shooter said exactly what happened in this case happened in this hypothetical situation do you think it would be equally justified?

[–] JustZ@lemmy.world 2 points 1 year ago

Good question, I think.

It's not a great fit because of two factors the food court patron knew there were others around and saw the YouTuber's posse standing there with cell phone cameras. If I were on the jury, that would make it less reasonable for the patron to claim he was in fear for his life. He had no reason to assume the YouTuber was armed, and with that evidence of so people around and it being so open and public, and again, no weapon, patron was at best about to catch a beating, which I think even is a stretch because there was no verbal threats or display of intent to do violence.

Anyway, to your question, assuming the jury is going to disregard the public location and cameras everywhere, if the patron gave the exact same story, I think it would remain unjustified. The shooter claimed that, given the circumstances, he drew the inference that his life was in danger, a danger of serious bodily injury. That's the standard.

I think there the facts support only an inference of a threat to bodily injury. The shooter could have safely waited before escalating to shooting. Shooting a YouTuber in the chest was disproportionate to the facts, in my view. The proportion has to be objectively reasonable, such proportion as society is willing to accept. I think, if everyone shot in this sort of situation, nobody would like it, and there would be many, many more deaths by gun violence.