sshow bob

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sshow bob last won the day on September 19

sshow bob had the most liked content!

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About sshow bob

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    Super Anarchist
  • Birthday 11/06/1974

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  1. sshow bob

    My Octopus Teacher on Netflix

    Thanks for turning us on to that. Spectacular.
  2. sshow bob

    Please Vote!

  3. So much this. Whether or not a shoot is deemed legal, life as the shooter knows it is over in the aftermath. In most instances there are many options available that don't involve stepping into that void. Clean - I'll go further: seriously, take a class. a threat assessment class. you'll be amazed at how refreshing and empowering it is to know that you can identify and avoid many of the situations where you might feel the need to defend yourself, without the drama.
  4. Thanks! I am a little surprised to find caps lower than ours. Thanks for that.
  5. I largely agree with your argument, but I'm not sure he gets that protection if he wasn't properly licensed, etc. Most of my comments, including this one, are conditional because I'm not confident I know all the facts.
  6. Right. And that's going to speak to the negligence action, but here it would not speak to the criminal action. But, really I was answering Clean's question to me, which was more about legal theory than this case.
  7. (Edited for tldr version: shooter may have been negligent by being there in the first place, even if he lacked criminal intent due to his reasonable belief at the moment of the shoot. The criminal defense need be only shooter state of mind, but the negligence defense requires a showing of conformity with guard standard of care.) Sure - in Maine murder is either intentional or knowing, or the product of depraved indifference. Our criminal self defense justification, which is more limited than in many states and so may apply differently elsewhere, works by justifying the intentional act, eliminating criminal scienter. (Shooter might have issues here because Maine has a clear duty to withdraw, and I'm not sure I see it here.) In the tort action, plaintiff will plead negligence causes, to ensure indemnity survives. Defendant may have committed a negligent act leading to the injury, even where he never formed a criminal intent. But because there is no intentional tortious act under the negligence claim, true self-defense in the criminal sense doesn't apply. This makes sense in light of the dialogue on this thread. There is a lot of room between Defendant did not commit a criminal act by shooting dude, and Defendant need not have shot dude when he did. I have actually had this case, though my client survived. Defendant acquitted at trial of aggravated assault and attempted murder, but liable for negligent shooting. Maybe the easiest way of expressing it is that the Defendant wasn't criminally liable because he believed his action was necessary, but he was civilly liable because he was wrong, or because he contributed to the circumstances. In any event, were I defending the defenses would be different, which is all I meant at the outset. For the criminal action I would try to show shooter reasonably believed his actions were necessary at the time, and thus were not criminal. For the civil action I would need to show that shooters actions did not violate the standard of care for a security guy similalry situated. Including by being there in the first place. Regarding the assumption issue, dead guy chose to go to a fight and engage. But for his choices he lives. Makes his civil case harder. But, shooter chose to be there, makes his civil defense harder. Maine wrongful death cap is $750k. My estimate of defense costs through judgment and appeal, including experts is $175k. I tell my adjuster to write the check on the first day. I try the criminal case all day long.
  8. I respectfully disagree. Its totally possible to not have criminal scienter and still be negligent. Not sure that's the case here. There is also going to be an assumption of risk problem on both sides of the civil case.
  9. sshow bob

    The New Republicans

    Interesting. Suggests they are giving up and trying to find the next round of Rs here.
  10. sshow bob

    The debate over assault weapons

    Got it and replied. Thank you for your message. I am in. Lots to learn from anyone willing to teach.
  11. sshow bob

    The debate over assault weapons

    Well, I certainly did not get a reply to my honest question. I suppose I could opt to stay home and eliminate the threat, but dont. For the record, my Kubota sxs takes $300 freaking dollars in fluids and filters, but that warranty is continent on orange products. I would for sure like to use generic stuff from Tracyor Supply.
  12. sshow bob

    The debate over assault weapons

    You'll only ever get civil from me, because I respect your position even where I don't agree with you (and because as a competent adult I try not to fight with strangers on the internet, though I sometimes forget...) How do you address specific threats? In other words, there is a specific armed angry person with cause to target me as the catalyst for a perceived injury. This is a current reality. I need to go somewhere he frequents to purchase something I need. In this case very specific hydraulic fluid. Police escort isn't really a choice here.
  13. sshow bob

    The debate over assault weapons

    Is there a coward here? Tank Man is certainly courageous. But tank driver faced ramifications for stopping. I see two people acting like humans should act, both willing to accept consequences. Today I both carried a gun and did acts of kindness. Both were supported by my circumstances.
  14. Nope. But my mother had a keen sense of history as it unfolded, and she took me to the places, and it impacted me. Love this country and its people. Loath its dysfunction. The aids quilt was unveiled during the Bork protests. There was a song people were singing that weekend. The refrain was, "only an asshole would care what we put in our assholes, and how it got there." It feels like an apt sentiment today.
  15. In 1981 my mother took my sister and me to West Point to welcome the hostages home. We each had a small flag on a stick. The NYT ran a photo of us there waving. I was six years old. I remember the people on the bus seeing us, and reacting and waving. In about 1985, I went with a friend and his mom to pick up a Chinese nursing student at the airport. After being amazed by our supermarkets (he thought it must be propaganda), he commented on how few american flags he saw, compared to Chinese flags at home. Later, at the house, he noted a flag flying there. He commented that being American was a thing to be proud of, and thankful for, and that must be why we flew the flag at home. In 1987, my uncle, a Vietnam veteran, took me to the wall in DC. My first visit, and his. His last, but not mine. I had insisted on watching Platoon the night before. He wanted me to understand his experience. We planted flags for his lost brothers. On that same trip, the AIDS quilt was unveiled. We already knew people who had died of that plague. My mother and I stood looking at the quilt, and a photographer took our photo from behind, without our knowledge. We stood bearing witness to the protest, with the Capitol watching over that freedom, flag waving from the cupola. That image ran in a news weekly that week. In 1988, I went to school overseas. Some Americans put Canadian flags on their bags. I put an American flag on my bag. People wanted to know what it was like. On Novemebr 9, 2016, I mounted a flag outside my office. As I did it, people stopped on the street to call me a bigot and other things. I replied that this was still my country, under my flag. Its a symbol. Symbols matter. This one matters to me.