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#101
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On the contrary, that's exactly what he's doing. Without a substantial appeals process, the odds of executing an innocent person skyrocket. As it is, people have been exonerated on death row and, unfortunately, posthumously.
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#102
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They didn't go to the store and then their friend decided to pull out a gun, which is what your analogy implies. They all went with the intent to commit violence. So yes, they are all responsible for the violence that was committed. |
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#103
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If you'd like to discuss the death penalty and the appropriateness of the appeals process, I respectfully ask that you start a thread on that topic. |
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#104
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#105
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A better analogy might be that, at a soccer game, the left wing kicks in the game-winning goal. Does his whole team win? Does the whole other team lose? Answer: The team went with the collective intent to play a soccer game. The whole team wins or loses. |
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#106
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AT seemed to be expounding on his answer to try and show that he has some consistency in his perceptions and position, not to introduce a new subject to the thread.
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#107
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I think there's not really any way that a robbery victim, in the middle of an adrenaline rush in an incredibly high-stress situation, could be totally sure that the guy lying unconscious was, in fact, unconscious. For all the pharmacist knew, the guy on the ground could have gotten up at any moment.
I come from a family of mom-and-pop store owners. It's hard enough running a store, worrying about the rent and the bills and the competition from other stores, without also having to worry about someone coming in with a gun and robbing your shop. People who rob are the scum of the earth; like I said before, I would be happy if every one of them spontaneously burst into flames. The more robbers who are shot to death during their "work," the fewer robberies will ultimately occur, once the robbers get the message that holding up a store is akin to a death sentence. And this is the message that they should get. Every single scumbag in America contemplating sticking up a liquor store or a pawn shop or any other business should be just as scared as someone who was contemplating robbing a police station. They should be just as nervous as someone about to walk naked into a lion's den. Every law abiding shop owner in America who is trying to make a living and support his family in peace should be considered a lion, by default, and robbing them should be considered a suicidal act. |
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#108
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That particular piece of filth will never again threaten to murder anyone to get a bit of money to buy booze or drugs,that nasty laothsome piece of filth will no longer beat his girlfriend up or his mom,or anyone who gets in his way when he's in a bad mood. Boo Hoo there is one piece of filth less in the world. |
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#109
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#110
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#111
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You seriously think that situation is in ANY WAY comparable to a guy lying on your floor who was just moments earlier attempting to forcibly rob you under threat of death? Please man, you've been reasonable and logical in this thread - surely you can see the difference.
Robbers are not Robin Hood figures, despite an American mythology that even today still makes them out to be glamorous figures. Heat is a great movie but guess what - most robbers are not suave, sophisticated, cultured, sensitive men like Neil Macaulay (Robert DeNiro) who are "just after the bank's money" and "want to hurt no one," as he announces in that film during the bank robbery. This is not a representative sample of armed robbers. The same people who commit armed robbery are the same people who beat their wives and children, the same people who deal drugs and circulate illegal weapons among criminals, the same people who have 900 children that all grow up in broken homes with dysfunctional parents and introduce more future criminals into the world. They should be removed from the gene pool. |
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#112
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SnowboarderBo
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Did you ever hear that being unconscious can lead to being conscious? Have you ever been in a life threatening situation that you can just dismiss the stress Ersland was going through? Last edited by jimpatro; 05-31-2009 at 12:19 PM. |
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#113
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SnowboarderBo
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#114
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That depends. Have your neighbors demonstrated that they possess a bazooka, threatened to blow up your house with a bazooka or demonstrated a lack of regard for the laws that would prohibit them from blowing up your house with a bazooka?
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#115
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One thing to note: Ersland is a veteran of the First Gulf War. He has combat experience. He's been trained to keep his wits about him while under fire. He's been trained to evaluate threats and function while in danger. Argent, what if instead of reloading his gun, Ersland had grabbed a knife and slit Parson's throat, instead of shooting him? Would that still be justifiable self-defense? |
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#116
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The way I follow your line of thinking, I should open fire because there is potential for a threat. In this case, the original threat was over with. One robber unconscious, immobile and seriously wounded. The other robber fled the premises. You seem to be advocating that it is proper to then remove any possibility of future threat, even when there is no evidence to suggest that there is, or will be, any other future threat. Please explain what extant threat an unconscious, immobile, injured man poses to a conscious, mobile, uninjured man who is armed with a loaded pistol, in your opinion. Quote:
I also think you paint with a broad brush in your last paragraph. |
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#117
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The fact that he "might wake up and might have a gun" is supposition without any evidence. If it is OK to shoot this kid without any extant evidence of a threat, why is it not OK for me to open fire on my neighbors without any direct evidence of a threat? I know that the potential for a threat might be there, after all. |
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#118
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#119
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And no, I don't dismiss the stress that Mr. Ersland was going through. But what he did was wrong. He executed that young man. |
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#120
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There's the law, and there's my opinion. I would never personally do anything like that because I know I'd be in huge trouble and there's no way I'd throw my whole life away over it. But I think it would be great if every single armed robber got his throat slit. I think I've made my stance on robbers very clear here. I ain't moving an inch on it, either. They're shitbags, I've got zero sympathy for them, and I truly believe they deserve to die. If for the next month, every single armed robber in the United States was shot to death by his intended victim, and all of these cases were widely reported in the news, I highly suspect the instance of armed robbery would go down in short order. Like I said, people should view armed robbery as a suicidal act. |
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#121
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If Ersland just ignores the guy on the floor and goes over to make the call, said guy could pull out a gun and shoot him. Why is it so hard to imagine this? There is some percentage of chance it could happen. Ersland emptied his mag into the BG on the floor. Now 0% chance it could happen.
The robber chose to use violence to make money. He was met with violence and resolve and got what was necessary for Ersland to remain among the living. To create a distinction between dead having been shot in the head once and dead having been shot 5 times while on the floor gives the BG more significance than he's worth. |
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#122
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Yes, the guy on the ground got what was coming to him, no doubt about it. I feel sorry for him in a vague abstract way in that it's a life wasted at such young age over a stupid decision. But there is also the unnecessary use of force aspect on the part of Ersland. I think that Ersland absolutely crossed the line. I think he should face charges for it, but I also sort of hope that the sentencing is light. |
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#123
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The basic problem for Ersland here is that he clearly acted like Parsons wasn't a threat anymore. He took the time to reload his gun (or get a second gun, it's not exactly clear which from the reporting). He turned his back on Parsons several times. That indicates both premeditation and no longer perceiving a threat. |
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#124
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Last edited by hansel; 05-31-2009 at 12:51 PM. Reason: Damn grammar rules! |
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#125
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Would Ersland have been justified in cutting Parson's head off with a knife to reduce the threat to zero? After all, that's the only way to make sure. |
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#126
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hansel
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#127
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mswas
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#128
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I'd also point out that there was minimal street fighting in the first gulf war. A lot of soldiers saw very little action other than just driving across the desert. Last edited by mswas; 05-31-2009 at 01:01 PM. |
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#129
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Okay, this is just silly. It wasn't war. It was a robbery that had ended once someone was down and the other run off. As a combat veteran, Ersland can be expected to recognize the difference. If Ersland perceived a continuing threat from someone with a bullet in their head, laying down with their hands visible, he could have simply covered Parsons while calling the police.
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#130
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#131
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Fine, I don't know if he had combat experience. Regardless, he was a trained soldier. Doesn't change my point that he had many other options besides pumping five more shots into Parsons--five shots that are actually less likely to kill Parsons than a lot of others.
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#132
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#133
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Here's something that's indicative: the five shots went into Parson's belly. Not his chest, not his head. That's not making sure a threat's down, that's anger. Soldiers are taught to shoot for center mass, which effectively means the chest. When you shoot man-shaped targets in the army, the bullseye is over the heart, and we can be pretty confident that Ersland had that training. Last edited by hansel; 05-31-2009 at 01:13 PM. Reason: Fucking punctuation! |
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#134
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#135
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True, but in neither narrative is Ersland not guilty of murder. Perhaps there's an argument from the first narrative that would defeat the premeditation requirement for first degree murder (though I doubt it). It's still murder. The problem was getting the second gun: if I understand correctly, demonstrating premeditation is all about demonstrating prior steps to facilitate the killing that indicate a decision and planning. Had Ersland walked back into the store and immediately put two more into Parson's head, he could have just said "Parsons was still moving". Getting a second gun and coming back to finish the job is what will sink him, if the "he needed killin' " jurors don't win.
Last edited by hansel; 05-31-2009 at 01:21 PM. Reason: Clarifying point. |
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#136
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Sure, it's still murder, I agree with that, but the extenuating circumstances do moderate it a bit.
So I think the answer to the OP is: Yes, yes he is. |
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#137
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No. I mean, if the Spanish team goes in to win against Italy, and two or three make mistakes which cause a loss, then we'd say "Spain's team lost". Or if two or three caused a win, we'd still say "Spain's team won". Snowboarder Bo and mswas have explained it upthread.
Last edited by NinetyWt; 05-31-2009 at 01:42 PM. |
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#138
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I honestly don't think he is going to be convicted. And if he does it will probably be a slap on the wrist, and rightfully so. If I were on the jury I'd vote to let him go.
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#139
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If the end result is that robbers are more likely to kill thier victims first, is it still heroic? Because the lesson I see here for would-be thieves is to shot first as the store owner may be armed.
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#140
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It would be shame if he did any time. If the scum hadn't assaulted the pharmacy that day, Ersland would have just gone on the rest of his life not hurting a fly.
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#141
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Death of Rats
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#142
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By way of contrast, a family friend spent his career in the RCMP. Their policy for responding to bank robberies was to stop outside the bank and wait for the robbers to exit, then arrest them. In no cases they handled this way was anyone hurt or shots fired. |
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#143
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Definitely murder. Several of his actions indicate that he was not acting in self defense.
(1) If you are acting in self defense, you do not chase after the threat (2) He would not have nonchalantly walked past the guy on the ground if he thought he was a threat (3) He would have covered him with his gun when he walked back in (4) He would not have turned his back on a threat (5) He would not have stopped to reload in range of the threat (6) He would not have closed within such close distance of a threat (7) If the guy on the ground made a move you would have seen a reaction on the shooters face. You don't. He walked over there with the intention of shooting him. I give people a lot of lee way when acting in self defense. It isn't their fault that the situation occured, and people sometimes lose their head in heated situations. I don't arm chair quarterback and say well if he did this or if he did that. The difference in this situation is that the guys actions demonstrated little fear. In fact, they show just the opposite. He appeared to be very much in control and appears to have shot the robber because he wanted to kill him for robbing his store. I don't like the idea that the robber was scum that deserved to die. It is true that if you intentionally put the life of someone else in danger you open yourself up for a lethal self defense reaction. I have little sympathy for those that die in these situations. However, I also believe in the possibility of redemption. This robber isn't a sadist that tortured people to death, he isn't a rapist that got pleasure from the misery of others. He is an idiot that was willing to put the lives of others in danger for monetary gain. That is something I can see going away with age and wisdom. Unfortunately, that is a chance this person will never get. |
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#144
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Some people think the robber's race was quite relevant. Maybe the shop clerk wouldn't have killed him if he wasn't black.
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#145
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Armed robbers don't get wiser with age. They just get better at robbing people. Ask a cop, judge, or anyone in the field of criminal law.
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#146
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#147
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Just because you don't have the right to live doesn't mean the government has the right to kill you. The government wasn't threatened by the robber, but the shop clerk was. The shop clerk had every right to respond to the threat with deadly force.
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#148
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treis
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See, it's best to err on the side of innocent people who live and let live rather than a criminal who may or may not be redeemed. Last edited by jimpatro; 05-31-2009 at 02:05 PM. |
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#149
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Which still raises the bar on the barrier to entry of armed robbery as a profession thus decreasing the amount of armed robbery, and still likely reducing the amount of murder overall as only those who go with the intent to kill will commit robbery, so you'll get fewer heat of the moment murders by people who never wanted to kill anyone, they just wanted to rob someone.
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#150
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Innocent people? Huh?
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