Use of deadly force laws?

[Cooolone]

Just for the record ... Backhoes are terrible inefficient for disposal of a human body, just sayin... Lol

There are better methods that make no noise and can even remove bones, dna remnants, etc... Just be sure not to use Google in your search and use that VPN, and wipe all caches and storage from app used... Lmao! Don't forget the tinfoil hat! It helps!

 

[spat]

Just for the record ... Backhoes are terrible inefficient for disposal of a human body, just sayin... Lol

There are better methods that make no noise and can even remove bones, dna remnants, etc... Just be sure not to use Google in your search and use that VPN, and wipe all caches and storage from app used... Lmao! Don't forget the tinfoil hat! It helps!

When I still lived in WNY I always figured there were some very large very deep lakes very close by.

Not sure what I'd do out here if the need ever arose.

But "the backhoe" is kinda a universal sentiment.

I heard the suggestion once to dispose of a body, you find an open grave with a funeral scheduled the next day. Sneak in at night and bury the body under a few inches of dirt in the bottom of the grave. Always seemed like a "work smarter not harder" solution to me.

 

[fresch]

In the 70's I lived in Texas, the police told me to drag them back into the house before they got there, has it changed?

Pig farm, "that's where the saying greedy as a pig". Snatch

 

[Grimscale]

Buy a chipper.

Advertise "shark chum" on ebay.

 

[Blimey]

OK, I guess the best strategy is to only use deadly force to save someone's life, stop a rape, kidnapping, assault that could be deadly, arson. I'll just stick to that.

Yeah. I can easily come up with a scenario in which deadly force is the only way to stop a burglary but I am positive a ny jury would convict.

As for assault it’s a grey area too unfortunately.

 

[nortatoga]

Just for the record ... Backhoes are terrible inefficient for disposal of a human body, just sayin... Lol

There are better methods that make no noise and can even remove bones, dna remnants, etc... Just be sure not to use Google in your search and use that VPN, and wipe all caches and storage from app used... Lmao! Don't forget the tinfoil hat! It helps!

 

[Cooolone]

View attachment 115808

Hahahahahaha

Brick Top to the Rescue!!!

 

[meketrefe]

Should you shoot someone running away with your stereo? The answer is NO.
It is both morally and legally wrong.
In real life, unlike video games, there is no recall button.
A different story is if your life or a loved one or innocent person's life is in danger because there is not recall button from death or irreparable injury neither.
So, use your head and keep it cooled.

 

[Robin]

If you need a lawyer to interpret a law, it is poorly written, should never have been enacted, and should be repealed.
Robin

 

[ronstar]

OK, so here in NY we can only shoot someone to stop a violent crime or armed criminal. Makes sense, I guess.

 

[2WheelGnnr]

Plus its my understanding NY is also a Duty to retreat state has no real castle donctrine. still the case and how does all that play into self defense. do you sorta have to prove that you didnt have a way out of your situation either??

I just understood NY to be Duty to retreat and yes only legal shooting is protection of life, stop a rape or arson. Just drop a matchbook by the body I guess if your not sure?! LOL

I hope I never has to use my firearm honostly. Its a tool I hope to never use for what I have it for.

 

[Toecutter]

Plus its my understanding NY is also a Duty to retreat state has no real castle donctrine. still the case and how does all that play into self defense. do you sorta have to prove that you didnt have a way out of your situation either??

I just understood NY to be Duty to retreat and yes only legal shooting is protection of life, stop a rape or arson. Just drop a matchbook by the body I guess if your not sure?! LOL

I hope I never has to use my firearm honostly. Its a tool I hope to never use for what I have it for.

NY has a castle doctrine. Duty to retreat is outside the home. Someone in your house doesn't even have to even be armed.

 

[dwa12479]

Plus its my understanding NY is also a Duty to retreat state has no real castle donctrine. still the case and how does all that play into self defense. do you sorta have to prove that you didnt have a way out of your situation either??

I just understood NY to be Duty to retreat and yes only legal shooting is protection of life, stop a rape or arson. Just drop a matchbook by the body I guess if your not sure?! LOL

I hope I never has to use my firearm honostly. Its a tool I hope to never use for what I have it for.

Arson only applies to an occupied dwelling. If you see a guy in your back yard trying to set your shed on fire with no one inside, it's a no shoot situation.

 

[ronstar]

NY has a castle doctrine. Duty to retreat is outside the home. Someone in your house doesn't even have to even be armed.

NY's castle doctrine ALSO applies to one's workplace and car. You have no duty to retreat from a violent intruder at your job or from a car-jacker.

 

[cgrutt]

NY's castle doctrine ALSO applies to one's workplace and car. You have no duty to retreat from a violent intruder at your job or from a car-jacker.

Citation please.

 

[spat]

OK, so here in NY we can only shoot someone to stop a violent crime or armed criminal. Makes sense, I guess.

Think of it this way. Even if you *are* legally justified in shooting someone in some circumstance, do you want to spend tens of thousands of dollars to prove it ?

It's a *lot* cheaper and easier to just buy a new stereo. Bonus is you get to sleep in your own bed that night too.

 

[Podmonkey]

 

[libertysnake]

Think of it this way. Even if you *are* legally justified in shooting someone in some circumstance, do you want to spend tens of thousands of dollars to prove it ?

It's a *lot* cheaper and easier to just buy a new stereo. Bonus is you get to sleep in your own bed that night too.

My view is, if someone is just running away with something or trying to flee with something, let em go.

But if they're actively trying to hurt me or someone else:

 

[ronstar]

Citation please.

Its in the NYS Penal Code under "neccessity defense"

 

[cgrutt]

Its in the NYS Penal Code under "neccessity defense"

Not in Article 35 as far as I am aware only exception to duty to retreat is 1. You are within your dwelling and not initial aggressor or 2. A police officer or acting under direction of police officer. No mention of workplace or vehicle/car jacking with respect to duty to retreat that I am aware of.

 

[Uninformed and Compliant]

Its in the NYS Penal Code under "neccessity defense"

No.

 

[cgrutt]

Are you talking about 35.05 (2)?

. Such conduct is necessary as an emergency measure to avoid an
imminent public or private injury which is about to occur by reason of a
situation occasioned or developed through no fault of the actor, and
which is of such gravity that, according to ordinary standards of
intelligence and morality, the desirability and urgency of avoiding such
injury clearly outweigh the desirability of avoiding the injury sought
to be prevented by the statute defining the offense in issue. The
necessity and justifiability of such conduct may not rest upon
considerations pertaining only to the morality and advisability of the
statute, either in its general application or with respect to its
application to a particular class of cases arising thereunder. Whenever
evidence relating to the defense of justification under this subdivision
is offered by the defendant, the court shall rule as a matter of law
whether the claimed facts and circumstances would, if established,
constitute a defense.

This applies to use of physical force under Art 35 but not use of deadly physical force.

 

[ronstar]

So basically in NY, you cannot shoot someone for stealing your toaster.

 

[cgrutt]

I'm done.

 

[spat]

So basically in NY, you cannot shoot someone for stealing your toaster.

There are very few places in the US that's legally justifiable.

Morally or ethically justifiable is a whole different discussion, and doesn't vary from jurisdiction to jurisdiction (but I suppose it might be more easily justified in a lawless place like Somalia where there aren't other legal avenues to address theft.

Lets hope we don't go *there* anytime soon.)

 

[Phazer]

Citation please.

Article 35 NY Penal Law - Defense of Justification | NY Laws

Justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when

ypdcrime.com

the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor



A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.

 

[cgrutt]

Article 35 NY Penal Law - Defense of Justification | NY Laws

Justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when

ypdcrime.com

the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor



A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.

Yeah I know I was talking about comment made about no duty to retreat while in office or car jacking.

 

[spat]

Yeah I know I was talking about comment made about no duty to retreat while in office or car jacking.

Carjacking qualifies as a crime that you can use deadly force to prevent IIRC.

I wouldn't want to test that in court if you could just drive off though.

 

[cgrutt]

Carjacking qualifies as a crime that you can use deadly force to prevent IIRC.

I wouldn't want to test that in court if you could just drive off though.

I understand that but there is no explicit exemption from duty to retreat in Article 35 as stated in post I was responding to.

 

[ronstar]

Article 35 NY Penal Law - Defense of Justification | NY Laws

Justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when

ypdcrime.com

the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor



A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.

Ok, so I was right about one's workplace. No duty to retreat there.