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Disturbing, racist post
#61
Texas Bumber Sticker:

"My Mexican is BETTER than your Mexican"
One Thing I can always be sure of is that things will never go as expected.
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#62
quote:
Originally posted by KathyH
People love ethnic jokes in Hawai'i -- Japanese, Chinese, Filipino, Samoan, Tongan, Haole, Podagee jokes, for example. And there are jokes objecting to the jokes ...
It's not just in Hawaii. In middle Europe the "Polacks" are the laughing stocks.
DISCLAIMER: I had two Polish girlfriends and I still remember some Polish words![}Smile][}Smile][}Smile]

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)
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#63
I'm kind of new here so please excuse my sarcasm, but I'm of Filipino, Polish and Jewish descent (mother is Jewish), that's pretty funny in it's self. I've used that joke before. Richard Pryor used, "cops don't shoot cars, they shoot NIG-gars". It's all in the intent, was he wearing a white hood when he said it? Anyway he forgot Puerto Ri-Cans and Can-adians.
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#64
about the "deadly force" law side topic ...

When I studied torts for my paralegal program, the very first case study was on this legal principle, and it had nothing to do with Hawaiian law (was a class in California). The standard case they used was of a trip wire set-up left for trespassers in an unoccupied building. I think they use that one because there cannot be an argument that the property owner's person was in danger.

In American common law, there is a hierarchy of values. Human life and well-being trumps STUFF, and the protection of stuff. That is the basic legal principle -- no hurting, maiming, or killing human beings to protect your STUFF. Nor do people get executed for stealing.

In England, at the time the Colonies were first being settled, theft was punishable by hanging, or the reduced penalty of transportation to the colonies. This was even applicable to a starving person who grabbed a loaf of bread. Many people who came to these shores came as transportees, as they did to Australia. Time has gone by, and theft is a lesser crime.

In the case of a home invasion, the question is whether the invaders are after STUFF or looking to harm the occupants. Are they burglars or are they robbers who are willing to use deadly force? Or are they murderers?

Historically, almost all the people sneaking into homes here are garden variety burglars. Few would even enter if they knew someone was home. The law in most states distinguishes between your physical home and your physical person. Just breaching your boundaries is not an attack on your person, and you cannot treat it as such.

If they come in with guns in hand ... in reality, when do we hear about that here? When people have a beef with each other is when it happens, when it is personal.

The reason I get bored by all the saber rattling is that some of you are getting all riled up about a type of crime that doesn't happen much here unless you're involved in dealing serious levels of drugs or shacking up with a jealous person's SO. There is all this posturing, but what is likely to happen is that some fairly chicken**** lowlifes might sneak in a window and try to grab something, and will run away if they're about to get caught. If you execute them for doing that, you are a murderer under the law, plain and simple, because
HUMAN LIFE & LIMB TRUMPS HUMAN STUFF
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#65
Kathy, If you are as bored as I am with all the saber rattling, then why feed the fire and bump this thread and turn it in that direction?
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#66
Kathy, I understand exactly what you are saying. I don't expect a person to smash their way into my house again.But I never expected it to happen the first time either.If the guy would have turned and ran out when I confronted him I would have been fine with letting him go.I would rather hold them for the police because if they don't get caught, then they may break into your house the next time.This guy was a babling looney very obviously. I won't repeat what he said because it was highly racist.Luckily for us both, he didn't attack me.The court proceedings were, to me, a total joke.I was never asked to speak.His punisment? He had to pay me for the glass he smashed getting into my kitchen.He walked up to and slapped $4.00 in my hand with NO comment to me.I don't know if he knew how close he came that night to meeting his maker.He then walked out of court a free man.

I was not scared during the occurance-I was too busy to be scared. But afterwards, you could hear my knees knocking.I had recently quite smoking, and after the event, I immediateley started chain smoking, and had to quit all over again.

Most likely, if a homeowner confronts a bad guy inside his home, the guy will try to escape. I would let him go before I'd shoot him.

But, I draw the line when someone says I'm supposed to flee my house if I'm attacked inside it.It has zero to do with inanimate objects.It has everything to do with principals.One of three things will happen.1.The bad guy runs away and I let him go and give the details to the police. 2.I hold him for the police to come and get him.3.He unwisely chooses to attack me in my own home. This option will be the worst for all involved.

Let me tell you that there really is nothing to prepare you for having a stranger smash their way into your house.God forbid it happen to you.But if it did,you might find your feelings on this may change somewhat.I can tell you are a caring person,and I truly respect you and your beliefs here.I am thankfull that I didn't run away when this man invaded my place.That would have been hard for me to live with.

And I hope you had a happy new year on the beautiful Big Island.It was like 14 degrees here.

I'm also a guitar player, and played in three bands way back in the 1970s.I can't bring all my guitars and amps,so yesterday, I had a guy I know that runs Affordable Guitars, come over and buy most of my stuff.I stll have a couple of guitars and an amp or two.I think I can bring those to the B.I. when we come.Maybe there is room for a geezer 57 year old (hack) guitar player that likes to play the blues?


Mahalo,
jon

Jon in Puyallup, Wa.
Jon in Keaau/HPP
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#67
quote:
Originally posted by DanielP

Kathy, If you are as bored as I am with all the saber rattling, then why feed the fire and bump this thread and turn it in that direction?

I didn't "bump it." There was ongoing conversation on that and I wanted to say something, but I was busy yesterday.

I wanted to say something because clearly there are several people who don't think that the legal principle is just or right, and don't understand what it is behind it. They think of "their home and castle" as an extension of their body, such that castle is violated, their person is violated. Castle is breached, their life must be in danger. Not the case here.

There's always a slim chance that understanding the reasoning behind law will make a dent in emotionally based thinking.

Perhaps it's a slim chance, but enough that I'll give it one shot (so to speak).
All that said, I'd be very scared if someone broke in my house while I was sleeping; I don't take the idea lightly. So far, so good.
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#68
jon, I hear what you're saying. I don't have any kind of blase feeling about home invasion. For one thing, I watch Criminal Minds, where the invaders are always sociopath serial killers, lol.

As a woman, the primary thing I've been socialized to fear, over the years, is rape. On the mainland where I lived, that was a valid fear, and so if someone came in my house, I'd be scared out of my mind.

My only concern would be to get away, get to a neighbor. I'm not of a size or strength to confront anyone. I read somewhere that wasp spray is a good tool if someone materializes in the bedroom, wasp spray to the eyes.

I share in the fears and concerns of being possibly vulnerable. I don't scoff at anyone's feelings.

But when people say that if someone sets foot in his house, that intruder is going to be dead, tough -- they should at least know they will almost certainly go to jail for it.

That case that we studied in torts -- the homeowner was not only charged for assault and battery, but was successfully sued by the trespasser for medical bills and emotional distress. (NOT a Hawai'i case.)
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#69
I
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#70
KathyH says:

"But when people say that if someone sets foot in his house, that intruder is going to be dead, tough -- they should at least know they will almost certainly go to jail for it."

Did you carefully read birdmove's post? Yours is a fine enough example of a strawman argument to add to wikipedia.

FWIW, it may well be that if someone is invading your home to rape you, you should disable, or kill, him. If you can run, fine...but your size and strength are not an issue if you have wasp spray, or more. Interesting definition of stuff, btw.

Cheers,
Kirt
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