4 ms·

The SYG statutes I'm familiar with only apply if you would be legally justified in using deadly force. Warning shots generally don't meet that standard. EDIT:

The SYG statutes I'm familiar with only apply if you would be legally justified in using deadly force. Warning shots generally don't meet that standard. EDIT: Which is to say, the bar is usually something like reasonable belief that your life or the life of someone present is in imminent danger.

InclinedPlane 13y ago
Quite so. Warning shots are never a good idea. The 20 year prison term was nevertheless not warranted. Had he been a gang banger convicted of an actual homicide he would, on average, have gotten a lighter sentence.
- commandar 13y ago
  Agreed on all counts. It's one of those things that's made its way into popular culture that's almost always a terrible idea from a legal standpoint. There's also the infamous case of the FL woman who initially received a 20 year sentence for firing warning shots at her estranged husband. She won a new trial on appeal, so we'll see how that turns out. http://usnews.nbcnews.com/_news/2014/01/10/22255312-florida-woman-given-20-years-for-firing-warning-shot-wont-return-to-jail-ahead-of-new-trial http://usnews.nbcnews.com/_news/2014/01/10/22255312-florida-... It's definitely unfortunate that it works out like that, but using a firearm in any sort of aggressive manner is deadly force legally, and you better be well and sure you're justified in doing so or you're going to be in a world of hurt with your local prosecutor.
- ikusalic 13y ago
  How can anybody still defend the justice system in USA. The "justice" part from "justice system" is missing. I'm currently living in EU (Germany, natively Croatian) and everything looks completely broken from here. So much that I often think that someone is joking. How can Americans consider this norm? I'm losing any desire to go to USA. Not just working, even visiting. Even if the chances of events such as this happening are relatively low (?), why risk it? I do not like idea of being raped by police and doctors and getting the bill [1]. I'm just wondering how can this be real. Where's the punchline? [1]: http://www.conservativeactionalerts.com/2013/11/police-abuse-cops-repeatedly-probe-suspects-anus-for-drugs/ http://www.conservativeactionalerts.com/2013/11/police-abuse...

InclinedPlane 13y ago

Quite so. Warning shots are never a good idea. The 20 year prison term was nevertheless not warranted. Had he been a gang banger convicted of an actual homicide he would, on average, have gotten a lighter sentence.

commandar 13y ago
Agreed on all counts. It's one of those things that's made its way into popular culture that's almost always a terrible idea from a legal standpoint. There's also the infamous case of the FL woman who initially received a 20 year sentence for firing warning shots at her estranged husband. She won a new trial on appeal, so we'll see how that turns out. http://usnews.nbcnews.com/_news/2014/01/10/22255312-florida-woman-given-20-years-for-firing-warning-shot-wont-return-to-jail-ahead-of-new-trial http://usnews.nbcnews.com/_news/2014/01/10/22255312-florida-... It's definitely unfortunate that it works out like that, but using a firearm in any sort of aggressive manner is deadly force legally, and you better be well and sure you're justified in doing so or you're going to be in a world of hurt with your local prosecutor.
ikusalic 13y ago
How can anybody still defend the justice system in USA. The "justice" part from "justice system" is missing. I'm currently living in EU (Germany, natively Croatian) and everything looks completely broken from here. So much that I often think that someone is joking. How can Americans consider this norm? I'm losing any desire to go to USA. Not just working, even visiting. Even if the chances of events such as this happening are relatively low (?), why risk it? I do not like idea of being raped by police and doctors and getting the bill [1]. I'm just wondering how can this be real. Where's the punchline? [1]: http://www.conservativeactionalerts.com/2013/11/police-abuse-cops-repeatedly-probe-suspects-anus-for-drugs/ http://www.conservativeactionalerts.com/2013/11/police-abuse...