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strategy? >> i assume this was not a random selfie, he got the magic word in there. threat. the default position is don't ever say anything to law enforcement. don't say anything like this. don't put a video out, but at the same time, sometimes if managed well, you might be able to get in front of an issue, and in this case, as long as he gets the magic words in, that he felt threatened, that is the key. it is critical to his self-defense. and in new york, new york has a very very defense favorable self-defense law, they call it justification. the burden is on the state to disprove self-defense beyond a reasonable doubt. but the issue is also that penny has to show that he believed, he was going to use force, the victim was going to use force, about to use force, that force
he was aware of and consciously disregard of the risk of death would happen is a much easier charge to prove. and i'm saying easy but they still have to prove it. remember, he has a self-defense claim and in new york the self-defense law, which is called justification is very friendly to a criminal defendant. in new york, the prosecutor has to prove beyond a reasonable doubt that the defendant was not justified. so that is also a very high bar. >> i have heard you describe this as well, so this is a good case to watch. we will be waiting to see if something comes out of the greenery that we won't hear anything about because that's not how the grand jury's work. it is definitely a case that has gripped the nation. i want to turn to the other big legal story from new york this week. specifically i'm talking about a jury finding trump liable, liable because it's a civil case, for sexually abusing and defaming e. jean carroll and awarding her $5 million. donald trump's attorneys have
author one such piece with him); see, e.g., this post and this one, and also Rethinking Self-Defence: The 'Ancient Right's' Rationale Disentangled (2021),…
stand-your-ground or a castl doctrine or a self defense argument to say he was legally acting with authority when h shot ralph yarl. and missouri, the self-defense law states a person can us such force if they reasonabl believe that such deadly force is necessary to safeguar against death, serious physica injury, or any forceable felony someone breaking into your hom in the middle of the night would count under this statute the question is whether it was a reasonable belief that someone was threatening mr lester it seems, from mr. yarl' statement, that all he did was ring the doorbell and waited and certainly bringing a doorbell doesn't justify the use of deadly force. >> he rang the doorbell to pic up his two little brothers let's talk about the new yor case the suspect there is charged with murder, and he hasn't offered any kind of motive how do you see that playing ou in court >> well, i think this case i going to be much tougher for a kevin monahan, the 65 here all
as this perfect human being, who was so idealized by so many people. there has to be an acknowledgment, a real acknowledgment, of the kind of issues that he's had. that have always been running under the surface. >> in fact, she said she learned oscar plan to ask the court to hold him to a different standard of justice. >> but he can't be judged according to the standards of the reasonable man. >> south africa self-defense law is based on how a reasonable man would react to an attack. he said oscar's defense team would portray him as something other than that. >> we need to take into account that this is a person who has persistently said that he felt the most vulnerable on his steps, and was living essentially in a state of fear and the state of terror. and you need to judge him by that standard. >> oscar pistorius fought for years to get into the olympics,
no that's not the question the police of the sheriffs office or trying to investigate. their political preference are trying to figure how in the world to live around. >> the d.a. is a democrat. >> exactly. leave it to joy to omit the fact. >> trump did it. >> joy i would love for you to come back on your show on monday and take that back and come up with an excuse why a democrat is out for alec baldwin? how dare a democrat. >> real quick, one other thing only note self-defense law personally. the firearm was used as looked at as a prop i don't know what that does for present cases in self-defense. it's absolute true if i gauge a training i have in self-defense by more liable for charges and if i don't burn your told me take a self-defense class empty the magazine. two to the chest one to the head that shows some matter of intent or understanding. i think the questions are what
Missouri prosecutors will not file charges against a woman who fatally shot an off-duty firefighter outside a gas station near Kansas City. The woman shot
A Missouri woman will not face charges for shooting dead an off-duty fireman who had her boyfriend in a headlock on the ground outside a gas station in a Kansas City suburb.
>> oscar, is both a man of wealth and robbery victim. >> a lot of people have been robbed the money in their houses. >> you're gonna buy oscar story than, that he thought that there was an intruder in the bathroom? >> yes, >> it makes sense to you. it makes so much sense. >> oscar's attorneys said reporter could argue oscar had been fearful his entire life for good reason. >> i think there is an awareness from his defense team that they cannot present oscar as this perfect human being, who was so idealized by so many people. there has to be an acknowledgment, a real acknowledgment, of the kind of issues that he's had. that always been running under the surface. >> in fact, she said she learned oscar planned to ask the court to hold him to a different standard of justice. >> but he can't be judged according to the standards of the reasonable man. >> south africa self-defense law is based on how a