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Originally Posted by Flamebatter90
So, I steal a berry from you, you can shoot me? Right? Same freaking thing.
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No - it isn't, on 2 counts. One - stealing a berry is not a felony. Stealing a car is. The reason for this is simple - a car can often be a necessity to survival here in the US. Without it, some people can not access the necessities of survival - for example: food or employment. The car is the modern day horse, and for folks outside the US - it is hard to understand why horse-thieving was a capital offense in many states in the 1800's.
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Self defence does not = Thief running on a car from the scene (Who pointed gun at the dude, which was never found.) Hard science...
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Here is the problem. You have the benefit of hindsight. Self defence is based not just on hindsight, but the fear created at what the victim THINKS and FEELS at the moment. If someone turns toward you and you think they have a gun and are about to shoot you, do you shoot first or wait? If you shoot first - as Mr. Gerlach did - and you later learn that they did not in fact have a weapon - then what? If you wait to find out - and they fire first - you may not have a chance to ever defend yourself. Self defense is thus predicated on what a reasonable person would feel given the circumstances. In this case, when Gerlach yelled "stop! stop!", the car thief put their arm back with something in their hand - appearing to point a gun (he could have even just been making a "gun hand" to intimidate - we will never know). At that moment, thinking the criminal had pulled a gun, Mr. Gerlach reasonably reacted to save his own life from a perceived threat. While you may not agree, 12 jurors unanimously did given the evidence.
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Self Defence = I came you with a Samurai sword with clear intent to hit you and cause harm.
It's not rocket science.... or is it?!
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Well, lets see....
It was dark and I woke up with you in my room. I could not see who it was, but I saw you had something about 3 feet in length and round. I thought it was a baseball bat. You lifted it high and were about to hit me with it, so I shot you in defense of my life. After all, getting my head bashed in by a stranger in the dark with a baseball bat is likely going to be fatal.
After you fall, I turn on the light and see that it is you, my friend and neighbor, still holding a piece of foam pipe insulation. You were at a wild party, let yourself in with the key I had given you when you watched my house during my last vacation and you intended to only wake me with the insulation in a big joke or gag.... But now your dead on my floor.
Am I guilty of murder? Or was it self defense? Hindsight is 20/20, but to the person facing what they THINK is a likelihood of death if they don't act - they are faced with the choice of act or die..... Which would you choose in that instant?