{"id":1412,"date":"2019-06-19T12:08:29","date_gmt":"2019-06-19T18:08:29","guid":{"rendered":"https:\/\/blog.mandirigmafma.com\/?p=1412"},"modified":"2019-06-19T12:30:17","modified_gmt":"2019-06-19T18:30:17","slug":"self-defense-case-study-from-back-home","status":"publish","type":"post","link":"https:\/\/blog.mandirigmafma.com\/index.php\/2019\/06\/19\/self-defense-case-study-from-back-home\/","title":{"rendered":"SELF-DEFENSE CASE STUDY FROM BACK HOME"},"content":{"rendered":"\n
https:\/\/www.cbc.ca\/news\/canada\/manitoba\/vincent-bunn-dakota-pratt-sentencing-1.5165442<\/a> \n\nhttps:\/\/www.newser.com\/story\/276229\/fatal-stabbing-of-intruder-took-self-defense-too-far-judge.html<\/a> \n\nA good friend posted on this one in haste and without getting the latest on the case, and I get that. I\u2019ve made some mistakes on posting over the years as well without proper research or while on-the-fly. I wasn\u2019t going to address this one again but, since it\u2019s from home and there seems to be an infinite number of comments on \u201chow you can\u2019t even defend your own home anymore from an armed intruder, what the fuck is the world coming to!\u201d floating around, I\u2019m feeling the need. Being that most foreigners that I see commenting on this do not seem to understand Canadian law nor have they done due diligence on what exactly transpired here to eliminate the self-defense aspect. People feed hyperbole and personal narrative to push SD programs or feed the fire on civilians losing all their rights but each case should be broken down of its own volition prior to such statements.<\/pre>\n\n\n\n
1. This was originally 100% a case of self-defense and the \u201chome-occupier\u201d had every right to fight back with full-force, yes. HOWEVER, when judges, lawyers, and juries hear phrases like \u201cchased him throughout the house and out onto the deck\u201d (as was stated in Newser's article above), \u201ckicked him in the head numerous times after the fatal-stab was accomplished\u201d, and \u201cstabbed him 13 times\u201d after he ceased being a threat (he was trying to escape, remember)\u2026.the law tends to frown upon that sort of thing. (and they don\u2019t give a shit if you\u2019re jacked on adrenaline, which is very likely mitigated by the fact you were under-the-influence while jacked.\n\n2. There was personal history. The deceased was admittedly allowed in the house, according to the house owner, the home-occupier\u2019s own mother-in-law. Both parties were under the influence of alcohol (a huge problem on Canadian First Nations\/aboriginal reserves), both had prior history with each other, there was jealousy surrounding a previous relationship. Personal. Deeply-personal, and coupled with the alcohol, a very, very likely contributor to the overkill that transpired and clearly personal response to an ongoing fight that needn\u2019t have continued. Through the main floor. Into the hallways. Onto the deck outside.<\/pre>\n\n\n\n
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3. Always, always remember that judges, juries, lawyers are NOT part of your peer group and not your allies. They are normal, average, suburban civilians who do not (nor can they be expected to) relate in any way to the possibly-necessary stopping-power of stabbing someone 13 times, including a final one into the heart for the kill. Factored in with #1, 2, 3 & 4\u2026we have an extremely high recipe for failure on a would-be self-defense case.\n\n4. Pratt\u2019s \u201conly prior conviction was for an assault\u201d so, regardless of justifications and reasoning, he did have precedence, as would have been factored into any forthcoming legal cases. Likewise, the deceased\u2019s family stating how wonderful and funny and outgoing the victim was and how the courts only showed his \u201cbad side\u201d when he broke into a house and stabbed a sleeping-victim in the head\u2026.is somewhat moot in this context, I\u2019d say. (I guess he should\u2019ve been given a free hall-pass because he had a good sense-of-humor?) \n\n5. Always, always remember that judges, juries, lawyers are NOT part of your peer group and not your allies. They are normal, average, suburban civilians who do not (nor can they be expected to) relate in any way to the possibly-necessary stopping-power of stabbing someone 13 times, including a final one into the heart for the kill. Factored in with #1, 2, 3 & 4\u2026we have an extremely high recipe for failure on a would-be self-defense case. \n\n \n \n \n \n \n \n \n <\/pre>\n","protected":false},"excerpt":{"rendered":"
https:\/\/www.cbc.ca\/news\/canada\/manitoba\/vincent-bunn-dakota-pratt-sentencing-1.5165442 https:\/\/www.newser.com\/story\/276229\/fatal-stabbing-of-intruder-took-self-defense-too-far-judge.html A good friend posted on this one in haste and without getting the latest on the case, and I get that. I\u2019ve made some mistakes on posting over the years as well without proper research or while on-the-fly. I wasn\u2019t going to address this one again but, since it\u2019s from home and there … Continue reading SELF-DEFENSE CASE STUDY FROM BACK HOME<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1412","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/posts\/1412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/comments?post=1412"}],"version-history":[{"count":5,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/posts\/1412\/revisions"}],"predecessor-version":[{"id":1420,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/posts\/1412\/revisions\/1420"}],"wp:attachment":[{"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/media?parent=1412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/categories?post=1412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.mandirigmafma.com\/index.php\/wp-json\/wp\/v2\/tags?post=1412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}