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It has gotten to that point....

**DISCLAIMER. I, THE AUTHOR, AM NOT AN ATTORNEY OR LEGAL PROFESSIONAL. THIS IS FOR DISCUSSION, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT LEGAL ADVICE. SEEK THE ADVICE OF QUALIFIED LEGAL PROFESSIONALS. THE AUTHOR DOES NOT ADVISE, COUNSEL, OR SUGGEST THAT ANYONE ENGAGE IN ANY TYPE OF FIGHT, ALTERCATION, OR COMBAT. THE AUTHOR IS NOT ENCOURAGING OR ADVISING ANYONE TO NOT SUMMON THE POLICE IN THE EVENT OF A HOME INVASION, BREAK-IN, BURGLARY OR ANY OTHER VIOLATION OF CIVIL OR CRIMINAL LAWS OR STATUTES. THE AUTHOR IS NOT ADVISING ANYONE TO ENGAGE IN VIGILATISM.**

This is information you need. Even if you never use it, you need to have it.

Folks on other prepper sites and all over the internet are covering canning, storing, and growing your own food. Don't get me wrong, its good information and you need to know it and live it.

I'll probably draw some flak for this post.

That's fine.

Violent self defense.

It is an ugly subject for many people. I understand why. Here in California, people are supposed to be "laid back", and have a more spiritual approach to life. The thought of harming another living being is abhorrent to many.

The fact remains that many people in society are not as laid back, or as enlightened. There are so many that the courts are forcing the prisons to release upwards of fifty-eight thousand criminals onto the street in order to relieve the crowded conditions in California's prisons.

This means thousands of potentially dangerous people will be returning to your communities with little prospect for gainful employment as the economy continues its downward slide. When the releases begin we'll be told that most are minor drug offenders and petty criminals. What they won't tell you is that many will be returning to their gangs and crews.

Vehicle theft and property crimes have trended downward lately although the individual incidents have apparently been more severe and costly. While the number of these types of incidents have declined, the numbers of home invasions have begun to climb. I'm sure we will see all categories of crime begin to increase as the overall economy worsens and desperation starts to set in.

I know a guy who works for loss prevention in a nationally known chain of stores. He told me recently that they had arrested 23 people for shoplifting in ONE San Francisco Bay Area store in a single day. Since Christmas of 2008, the numbers of shoplifters has steadily been increasing. Some stores have reported an increase in the value of targeted items and an increase in the level of aggressiveness of the shoplifters.

Expecting everyone out there to play the game at your higher level of spiritual development will place you at a serious disadvantage. I do not wish you to think that I am making light of people's ethics, sense of morality or fair play, but this is a serious issue and it needs to be addressed.

First, let's get something out of the way.

There's no such thing as a "fair" fight. When you are fighting off attackers bent on harming or outright killing you or your loved ones, there are no "Marquess of Queensberry Rules". You must be willing to meet your opponent(s) with overwhelming and potentially lethal force.

There is a legal concept referred to as the "Castle Doctrine". California has a weak Castle Doctrine based upon a number of legal precedents including People Vs. Humphrey, 1996 and People Vs. Clark 1982. More can be read here at Justia. Trial juries, prior to 2006, in self defense cases were commonly instructed using the CALJIC citing numbers 5.17, 5.40, and 5.42. CALJIC was replaced by CALCRIM in 2006.

The text of pertinent portions of CALJIC read (in part):

A person who kills another person in the actual but unreasonable belief in the
necessity to defend against imminent peril to life or great bodily injury, kills unlawfully
but does not harbor malice aforethought and is not guilty of murder. This would be so
even though a reasonable person in the same situation seeing and knowing the same facts
would not have had the same belief. Such an actual, but unreasonable belief is not a
defense to the crimes of voluntary or involuntary manslaughter.


As used in this instruction, an ‘imminent’ peril means one that is apparent, present,
immediate and must be instantly dealt with, or must so appear at the time to the slayer.
However, this principle is not available, and malice aforethought is not negated, if the
defendant by his unlawful or wrongful conduct created the circumstances which legally
justified his adversary’s use of force.


“This instruction applies to define and describe the law concerning trespassers and
the use of force concerning a trespasser as described in the last paragraph of the previous
instruction. The lawful occupant of a residence has the right to request a trespasser to
leave the premises. If the trespasser does not do so within a reasonable time, the
occupant may use reasonable force to eject the trespasser. The amount of force
which may be used to eject a trespasser is limited by what would appear to a reasonable
person, under existing circumstances, to be necessary to prevent damage to the property
or physical injury or death to the occupant."


“A person may defend his or her home or habitation against anyone who
manifestly intends or endeavors in a violent or riotous manner, to enter that home or
habitation and who appears to intend violence to any person in that home. The amount of
force which the person may use in resisting such trespass is limited by what would appear
to a reasonable person, in the same or similar circumstances, necessary to resist the
violent or unlawful entry. The resident of the home is not bound to retreat even though a
retreat might safely be made. He or she may resist force with force, increasing it in
proportion to the intruder’s persistence and violence if the circumstances which are
apparent to the lawful occupant of the property are such as would excite similar fears and
a similar belief in a reasonable"

If you are a criminal or defense attorney, and would like to comment, I'm sure all of us would appreciate any opinions you may have. You may submit your opinions anonymously on this board or through e-mail. I will repost your e-mail verbatim without alteration with your permission. I will not repost messages that may be construed as libelous or slanderous.

Many law enforcement agencies advise people to not resist their attackers. Many criminals know this. They probably bank on it because it makes things easier for them. It makes things easier for the police too if you don't resist.

I apologize to any members of law enforcement out there for what I am about to say. It isn't anything personal, and you do a job that I would flat out not do even if I was offered a ludicrously inflated salary. What I am about to say is to get people to change their way of thinking and perceiving society around them.

One of the keystones of maintaining order in society is the illusion that the police are there to protect the law abiding from the rogue elements of society. Nothing can be further from the truth. In 2005, the Supreme Court ruled that police do not have a duty to protect people from harm. In point of fact, the police are tools for maintaining the interests of the State.

Distilling the issue down, what we get to is the police are nothing more than society's janitors.

Remember when you were a little kid? Remember the janitor in your school? Who was he having to clean up after? Was it you?

No, it was the kids who didn't follow the rules. The ones who made a mess in the restroom. The ones who drew on the walls. The ones who wouldn't use the garbage can. The ones who didn't pick up after themselves.

Who do the police clean up after? Is it you? Probably not.

If you were a janitor, would you rather clean up after someone who smeared feces all over the restroom walls, or someone who scribbled on the wall?

Its like that with the police as well. If you just get robbed, they take a report and tell you to report it to your insurance company if the dollar value exceeds your deductible. That's about as far as it goes. If they run across your stolen property during the investigation of another crime, you may get it back. Most of the time, you don't. The paperwork gets filed, and then forgotten about. They don't actually spend alot of time looking for whoever broke into your house and stole your goods.

If someone breaks into your home and smacks you around, or assaults you on the street, it is still fairly easy for the police if you, the average citizen, gets banged up a bit. The crime is more serious than just a robbery at this point, so they have to work just a bit more, but they don't drop everything and go hunting down the perpetrator.

If you, average Joe or Jane Citizen (not a celebrity or other note worthy personage), happen to be killed, it still is relatively straight forward. Your death may grab the headline for a day or two. They may have to deal with your angry family for a short time, and they'll have to look like they're doing something until the spotlight of the media moves away, but if your death is not solved quickly, it gets pushed to the bottom of their ever growing stack of things in their *IN Box*.

These types of crimes are the equivalent of someone scribbling on a wall.

However, if you resist and wound, maim, or kill the people responsible, this is the equivalent of feces on the wall. There's a whole lot of work that has to be done. More than they really want to get involved in.

Now individuals in the department and their procedures are under the microscope. Cops are no different from you and I. They want to do a good job, but they probably don't enjoy having people peer over their shoulder while they do it.

They have to interview you, the surviving bad guys, and try and decipher exactly what happened, and in what sequence. Someone has to be arrested, and even if everyone is arrested, it will outrage someone. While they're investigating, the media is hounding them all looking for a salacious piece to throw in front of the audience at the 6 O'clock Coliseum.

They're stuck between the District Attorney's office, criminal prosecutors and defense lawyers, angry victim's rights advocates, people ready to throw the race card in if one guy happens to be a minority and the other guy isn't and a potential for a dangerous backlash from the community if they move in the wrong direction. There's the families of the criminals screaming for justice and the danger of the situation escalating especially if there are gang ties.

Then the cops have the politics of the whole situation to deal with because many of the players in these types of incidents have ulterior motives. The anti-gun crowd, the pro-gun crowd, the people in the various offices who have political aspirations, and the people who just want to make it all go away because it's hurting the financial end of things.

Out there on the periphery, there's the gathering school of trial lawyers looking for someone to sue.

Yes sir, feces on the wall. The mess must be cleaned up quickly, or it becomes more difficult to clean up as it starts to dry. So, the janitor will do everything in their power to clean the mess up quickly. The police do the same.

I'm keeping all this in mind, and it seems to me that making it simple for the police is the best way to go. That means there has to be only ONE person telling the story. We should all look out for numero uno.

So, the unthinkable has happened. You've had to deal with attackers or intruders and the resulting fracas has led to untimely demise of the interlopers.

What should you do now?

Don't talk to the police.

Watch this video:




More later....

2 comments:
gravatar
erniesjourney said...
February 22, 2009 at 8:46 AM  

Catman - that was a super video and an article well written. I will admit that I would be the idiot that would talk to the police - until now. I will plead the 5th - learned a lot. Thank you.

Ernie

gravatar
Tracy said...
March 7, 2009 at 8:27 PM  

Great job, Catman. Anyone who is offended by that just needs to get over it, because it is the truth.

I have seen both of these videos before and also want to get in a plug for them. Anyone reading this who has not watched these two videos needs to take the time to watch them, all the way through, if you care a whit for your personal liberty and that of your loved ones.
And it's not just for the case where you are forced to defend yourself either, but as the professor points out, any contact with the police whatsoever, for any reason.

Catman, thanks again for posting this vital message.

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