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  1. #1
    Join Date
    Sep 2007
    Location
    Uncanny Valley
    Posts
    14,498
    Grog, I do hear ya, and I guess I don't really know how the Canadian justice system is different from the US's. But in the USA, in an ordinary case of alleged self-defense, it'll go to the trier of fact unless it's extremely clear-cut. Prosecutorial discretion is only invoked when the politics of a power relationship trump the actual facts, such as politician vs semi-low-life, or automobilist [not using "that word" in deference to some who have complained here, although I HATE using five syllables when two are more descriptive ] vs bicyclist/pedestrian.

    I don't see how deadly force is ever justifiable against an unarmed person, no matter how crazy he may be acting (and I have a strong feeling that the main difference between Sheppard and Shootingstar is the same one between Bryant and Colorisnt - road rage and poor impulse control being primarily male phenomena). Some US states have begun allowing deadly force when someone won't leave your real estate, maybe they're starting to extend that to people's cars as an extension of their "homes?"
    Last edited by OakLeaf; 06-04-2010 at 07:01 AM.
    Speed comes from what you put behind you. - Judi Ketteler

  2. #2
    Join Date
    Apr 2005
    Location
    Vancouver, BC
    Posts
    3,932
    Quote Originally Posted by OakLeaf View Post
    Grog, I do hear ya, and I guess I don't really know how the Canadian justice system is different from the US's. But in the USA, in an ordinary case of alleged self-defense, it'll go to the trier of fact unless it's extremely clear-cut. Prosecutorial discretion is only invoked when the politics of a power relationship trump the actual facts, such as politician vs semi-low-life, or automobilist [not using "that word" in deference to some who have complained here, although I HATE using five syllables when two are more descriptive ] vs bicyclist/pedestrian.
    I am also rather unclear about criminal justice in Canada. I tend to agree that I would have wanted this to go to trial. However it is not uncommon in Canada to drop charges before trial if there is a low to nil chance of conviction, especially as tribunals are already overloaded with other stuff. This happens in the favour of low-life folks pretty often as well.

    I don't see how deadly force is ever justifiable against an unarmed person, no matter how crazy he may be acting (and I have a strong feeling that the main difference between Sheppard and Shootingstar is the same one between Bryant and Colorisnt - road rage and poor impulse control being primarily male phenomena). Some US states have begun allowing deadly force when someone won't leave your real estate, maybe they're starting to extend that to people's cars as an extension of their "homes?"
    I am totally in agreement with you. In this case however it's not like Bryant hit Sheppard and run him over with his car (or pulled a gun to shoot him), as we might have seen in other cases where the rage was well distributed between the participants. Sheppard was hanging onto and leaning into Bryant's car (a convertible) and Bryant tried to drive away. It doesn't sound like a politely Canadian: "Would you please quit trying to grab my steering wheel?" would have made much of an impression at the time...

    I hate to find myself writing this, because I was pretty strongly angered and offended when this happened, but I must say I was truly humbled by the reading of the brief. What a sad, sad story for all involved. The brief is available here, if you're curious: http://media.thestar.topscms.com/acr...4123d5fb1b.pdf It doesn't take that long to read.

  3. #3
    Join Date
    Mar 2008
    Location
    Atlanta, GA
    Posts
    714
    The link to the legal brief isn't working. Are you sure that's it?
    ----------------------------------------------------
    "I never made "Who's Who"- but sure as hell I made "What's That??..."

  4. #4
    Join Date
    Apr 2005
    Location
    Vancouver, BC
    Posts
    3,932
    Quote Originally Posted by tctrek View Post
    The link to the legal brief isn't working. Are you sure that's it?
    It's gone from its original source.

    Here is another spot:

    http://www.cbc.ca/news/pdf/bryant-decision.pdf

    I hope it still works. It was working just now.

  5. #5
    Join Date
    Apr 2005
    Location
    Vancouver, BC
    Posts
    3,932

    Another article

    I find that this Globe & Mail opinion piece summarizes my own anger quite well:

    http://www.theglobeandmail.com/life/...rticle1583547/

 

 

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