Why? Because Viadd, Grand Arbiter of Correctness says so? - Masark
Not sure if this has been touched on, but this isn't remotely close to a precedent. http://en.wikipedia.org/wiki/Gary_Plauche
Part of the consideration in deciding charges is the state of mind involved. Shouldn't be a surprise to know that people can sympathize with parents in these situations.
What the father did is in a grey area. I would have done the same and the Police chief made the right call not pressing charges on the father. My problem is that the father is now exploiting his child for money. As if there isn't enough damage done, he is now going to pile more damage right on top of the existing damage. He can claim it isn't about money all infinity long, but insurance covers his child without the need to exploit him. This is just sad. Get the child out of harms way and seek help instead of exploiting it!
I think that dad probably lost control. He said that he was going to kill the guy, but his son stopped him. That suggests - to me - that he was in an uncontrollable rage.
I'd be in an uncontrollable rage, too, if someone was molesting a child and I caught them in the act. It'd be even worse if it was my kid.
The law doesn't say "You can assault someone so long as you can't be certain they are not a threat".
Here's the pertinent part of the actual Florida statute that applies in a "stand your ground" case involving defense of a person:
776.012 Use or threatened use of force in defense of person.—
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
There may be other details that change the overall facts. But based on what was in the articles posted, the use of unlawful force had already occurred. There's nothing that indicates it would be reasonable to believe the force used was necessary to defend against further imminent use of unlawful force. The beating was solely in retribution for the use of unlawful force that had already occurred which does not meet the standards set forth in the statute thus, the statute is inapplicable.The father told police he came home to find Frolander with his young son. The look on Frolander's face made the father think something was wrong. The father then said that Frolander's pants fell down to his ankles "and nothing else needed to be said" when he saw exposed genitals.
What he did was illegal under the statutes. But just because someone does something that the law says is unlawful doesn't mean what they did isn't right. That's why the law gives prosecutors a great amount of discretion in choosing whether to prosecute someone or not.
It'd be funny if that were at all true. You could murder people at will with no legal consequence.And as an intruder in his home (He became one once he knew the molestation was happening), he can easily be viewed as a threat.
"Yeah. Come in, come in! BLAM!" "Well officer, I decided I didn't want him in my house anymore and he was still there a second after I made that decision in my head so naturally, I shot him in the head. Speaking of which, *BLAM!* I don't like cops in my house."
Yeah, that probably wouldn't work very well.
The way the law actually works is that rescission of permission to occupy has to be clearly conveyed and the person(s) has to given reasonable opportunity to peaceably leave the premises before they are guilty of trespass and thus become an intruder. As there appears to have been nothing said before the beating was initiated, no rescission was conveyed and no opportunity to leave without violence was offered. Since that didn't happen, his presence in the home was completely lawful even if his actions in the home were criminal. Which means the Stand Your Ground statute covering protection of property is inapplicable as well.
And it'd be even worse if you had been a victim of sexual abuse yourself. Which is true with the father in the case.I'd be in an uncontrollable rage, too, if someone was molesting a child and I caught them in the act. It'd be even worse if it was my kid.
He let the guy live. He's a better man than I am. I wouldn't have stopped punching until there was nothing left but a skin bag holding brain pulp and bits of skull attached to his neck and I'd never lose a wink of sleep over it whether I got sent to jail for it or not.
Last edited by Ecwfrk; 2014-09-11 at 01:05 AM.
I don't blame him for beating the guy.
I do not accept his decision to release his sons photos, however.
In this age, photos can haunt you for life.
I wonder if the father used all his burst cooldowns on that kid
I would have killed him too.
I'm glad the US is the only place left on earth with reasonable laws like this.
Call me Cassandra
If he didn't, he should have.
I also have the idea that anything that happens between two consenting adults ought to be ok.
Two people want to fight to the death? Let them.
I don't get why the government has to get involved in things like this.
In this situation, if I walked in and found somebody molesting my kid, I would beat them as hard as I humanly could and hope beyond hope that they succumbed to their injuries.
Call me Cassandra
"Cataclysm could have used more of Nozdormu. I think all he did was show up shirtless to Thrall's wedding."
-Anonymous priest
While i support the wrecking of the Pedo, i do think that the father is a piece of shit who is trying to cash in on his son's victimization.