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The
Below Comments Relate to this Newslink:
AK: Alaska court reverses Ketchikan man's murder conviction
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The defense appealed, successfully arguing the slides and statements mischaracterized the law of self-defense and shifted the burden of proof to the defense, presuming Rossiter was guilty unless they agreed Stachelrodt "deserved what he got," the opinion says.
The court ruled that self-defense "does not hinge on whether the deceased 'deserved to die.'" But Scott repeated told the jury that Rossiter's claim of self-defense would only be valid if Stachelrodt deserved to die. |
Comment by:
PHORTO
(9/16/2017)
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"[T]he Alaska attorney general's office . . . said it was evaluating its ability to re-try the case based on the availability of witnesses and other factors."
Wait a minute. Doesn't double-jeopardy apply? |
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QUOTES
TO REMEMBER |
I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962 |
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