mowermech
Billings, MT
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Dixonmatco wrote:
And those of you jumping up to say how badly our system is working, can now retract your statements. It appears to have worked quite well in this case.. Sometimes rushing to judgement is not the best approach..
As an old guy, I disagree. IF the "system" worked the way it should, the charges would never have been filed, and the kid would have had to answer for criminal trespass.
As Frank stated, somebody had some common sense, and thankfully they used it!
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ArkieVet
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Dixonmatco wrote:
And those of you jumping up to say how badly our system is working, can now retract your statements. It appears to have worked quite well in this case.. Sometimes rushing to judgement is not the best approach..
Evaluating the entire process, rather than just the end result, exposes serious problems with "the system." The victim, Van Plew, should not have been charged in the first place. He probably had to hire a lawyer, and is out that money simply because of the teens parent's failure to teach their offspring right from wrong, and to properly supervise their offspring. If Van Plew is out any legal expenses, I hope he sues the parent(s).
BTW, I don't know what the home protection laws are in NY, but in LA, you have every right to shoot any trespasser who is on your property after dark, regardless of which direction they're facing. As a result, LA homeowners feel very secure in their homes.
* This post was
edited 07/24/10 12:09pm by ArkieVet *
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msmith1199
Central, CA
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Deb and Ed M wrote:Kids don't "play" any more - they're inside in front of video games/computer/TV. So the homeowner who has someone beating on their back door at the same time someone is ringing their front door at 10 PM isn't thinking "what are those little rascals up to now?".... the kid is lucky he wasn't shot.
You are one of the few who picked up on the point in the article that they were both in front of and behind the house at the same time. That adds a new deminsion to this harmless prank. Knock on the front door and run, that's one thing, but pound on both the front and the back at the same time?
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msmith1199
Central, CA
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Dixonmatco wrote:
And those of you jumping up to say how badly our system is working, can now retract your statements. It appears to have worked quite well in this case.. Sometimes rushing to judgement is not the best approach..
You do notice the article quotes an attorney spokesman for the family. That means now it's out of criminal court and into civil court. When a judge throws it out of civil court at the first hearing then I will agree with you.
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jlawless
Coldfoot, AK
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The original article wrote:The teen, who is not being identified, faces no charges. He initially was charged with trespass, but that's a violation- level offense that can't be pursued against juveniles in family court
I don't know why it would be in "family court" but that DOES sound like a broken system.
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johnrbd
San Joaquin Valley
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My main concern was the homeowner left his house, with wife and children inside, because he was concerned for their safety. Better for him to stay inside, call 9-1-1, and defend "his castle", not running off after unknown number of suspects.
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msmith1199
Central, CA
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johnrbd wrote:My main concern was the homeowner left his house, with wife and children inside, because he was concerned for their safety. Better for him to stay inside, call 9-1-1, and defend "his castle", not running off after unknown number of suspects.
That's a decision for him to make, right or wrong. It should not have turned this into a criminal case against him.
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d3500ram
colorado
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Was there flaming poo in a brown bag during this event?
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Cloud Dancer
San Antonio and Livingston TX USA
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A recent similar case in San Antonio TX resulted in a shot fired by someone who was inside the house. The perp dropped dead, but no charges were filed. The laws here seem to favor the homeowner, as far as protecting family and property goes,......even if it's just a lawnmower.
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Dutch_12078
Great Sacandaga Lake, NY
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jlawless wrote:The original article wrote:The teen, who is not being identified, faces no charges. He initially was charged with trespass, but that's a violation- level offense that can't be pursued against juveniles in family court
I don't know why it would be in "family court" but that DOES sound like a broken system.
In NY State, crimes committed by juveniles are handle by the family court system unless the crime is serious enough to warrant trying the juvenile as an adult.
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