Archive for July, 2013

Prosecutor decides he’s powerless to protect animals from owners causing intentional suffering…WTF?

Tuesday, July 30th, 2013

Please help protect the voiceless and defenseless. Please voice your disgust with the prosecutor’s decision.  To check out the news reporting, visit here: http://www.kansascity.com/2013/07/30/4377755/platte-county-prosecutor-says.html

Dear Platte County Prosecutor:

The media is reporting that you have stated that Missouri law ‘does not apply against an owner killing his own animal’. I believe you are referring to 578.007(6). The Missouri Court of Appeals for the Western District has expressly held that 578.007(6) does not apply to violations of 578.012.1(2); see State v. Hill 966 SW 2d 544, 547 (1999). A reasonable person would conclude that death by drowning would involve suffering. It is well within your discretion to charge Mr. Newhouse with violating 578.012.1(2).

I do not understand why you have given up on enforcing existing law to punt this matter to the legislature.  While I adamantly disagree with your decision not to prosecute I am grateful for your time addressing my concerns.

Sincerely,
Michael A. Hustead

Posted in Missouri Law | No Comments »

Stand your ground laws are a perversion of self defense; they are offensive, not defensive.

Friday, July 19th, 2013

“If we’re sending a message as a society in our communities that someone who is armed potentially has the right to use those firearms even if there’s a way for them to exit from a situation, is that really going to be contributing to the kind of peace and security and order that we’d like to see.” President Obama, July 19th, 2013

For hundreds of years the common law concept of self defense worked.  If someone confronts you with lethal force you can respond with lethal force, unless you could safely leave the situation.  For example, if someone points a gun at you, you have absolutely no duty to retreat (well, unless you run faster than a bullet).  Under common law self defense laws, you can legally respond to the imminent threat of lethal force with lethal force; you only had to retreat if it was safe to do so.

Stand your ground laws eliminate the duty to retreat in situations where it would have been safe to do so.  For example, picture someone 50 feet away in wheelchair rolling towards you with a sword.  Let’s assume this person in the wheelchair with a sword scares you and you feel threatened with lethal force.  As a society, do we want people to avoid a violent confrontation when safe to do so?  Do we want you to turn around and avoid the guy in a wheelchair?  Wouldn’t it be easy to get around someone in a wheelchair swinging a sword?  OR, in the alternative, do we want our citizens to have the legal right to shoot that handicapped person to death?  Do we want to have the perspective that ‘I don’t have to retreat, even though it’s safe to do so; I can stand my ground and anyone who scares me is going to die!’…?  Does killing anyone who scares you truly make sense?   Does that sound like Justice; like Law and Order?

This is not about guns.  This is about avoiding violence.  Common law self defense worked.  Stand your ground laws encourage hostility, aggression, and death in situations where those could have been safely avoided.

Please protect peace.

 

Posted in General Law | No Comments »

Do you know your Miranda rights? Then shut up when the cops ask you questions!

Tuesday, July 9th, 2013

Here’s a typical Miranda Warning that police commonly use prior to interrogating a suspect.

1)  You have the right to remain silent.

2)  Anything you say can and will be used against you in a court of law.

3) You have the right to talk to a lawyer and have him present with you while you are being questioned if you wish.

4)  If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

5)  You can decide at any time to exercise these rights and not answer any questions or make any statements.

6)  Each of the above rights has been explained to me and I understand them.

Then the police will get the suspect to sign the Miranda Warning document itself, which will later be evidence of defendant’s awareness of these rights.

After that, the police will lie to you, play games and manipulate you, deceive and otherwise trick you into talking to them.  Do you have anything at all that can be gained from talking to the cops?  Think about it, do you think there is anything you can say that will stop the cops from arresting and taking you to jail?  Do you have anything to gain at all from talking to the cops?  The answer is simple; NO.  It is perfectly legal for the cops to look you in the eye and lie; you can not trust cops!  Shut up!  Go to jail, bond out, and get an attorney.  In no uncertain terms: please shut up!

SO, if you know your Miranda Rights and then allow the cops to play you by answering their questions, please don’t be surprised when you wind up incriminating yourself simply because you chose not to remain silent.  Innocent people do not have to justify themselves to the police. Please exercise your rights when the police ask you questions; please remain silent.

State v. Pennington, No. 75506 (Mo. App. W.D., June 11, 2013).

Posted in General Law, Missouri Law | No Comments »