Recent comments in /f/baltimore

6flightsup t1_j0v35y8 wrote

Even the castle doctrine doesn’t sit right with me in some common scenarios. I’m holding fire if all residents here are upstairs and in their bedrooms. I plan and practice taking a position between the bedrooms and the stairwell. The intruder can take all of the valuables that they can get from downstairs before the cops arrive. I hope that they are caught, but protecting my stuff is less important than any human life. I’m going direct to lethal if they attempt to come upstairs though.

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Coomb t1_j0v1ygy wrote

It hasn't changed. Maryland derives the duty to retreat from the common law. But the common law has also held since at least the early 17th century that a man's home is his castle (i.e. his place of safest refuge -- meaning there's nowhere else he can retreat to) and that there is therefore no duty to retreat before a use of deadly force which would otherwise be justifiable. This was established explicitly by the Court of Appeals in 1963 (Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963)) but was the law in Maryland before that date because Maryland inherited the common law from its colonial government.

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BJJBean t1_j0uxw6l wrote

This is a wildly nuanced discussion as all these laws basically come down to "Who is the cop that showed up to make the report and who in the attorney general that will/will not be prosecuting your case." A state like Pennsylvania could have a stand your ground law but you know damn well the Philly SA will make your life a living hell if he can to score primary voter brownie points. Vice versa, you could have a state like MD but if a shooting happens in Western MD you're probably gonna have an easier time proving innocence based on the politics of that area.

Me personally, I support stand your ground.

Duty to retreat puts the burden on the self defender and requires him to prove his innocence. Stand your ground puts the burden on the state and requires them to prove that he is guilty. Our court system is supposed to be "Innocent until proven guilty", not "Guilty until proven innocent."

Likewise, even if you are proven innocent, DTR laws screw over the poor. Good luck paying all the lawyer fees when you're raking in poverty wages. The State has basically unlimited cash to prosecute you and they have no problem spending it to get what they want.

All this aside, MD is a super majority DNC state. There is no way in hell we're going to become a stand your ground state. Most likely concealed carry laws will be further restricted next session since the Supreme Court recently struck down Maryland's anti concealed carry law and forced them to give out licenses. I expect the DNC to push back against that as much as they legally can and I expect more court cases to come up in the next decade in response to this push back. It's all gonna be a legal quagmire for a long time,

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sassydragon23 t1_j0uxjdt wrote

Instead of catering to 4500 companies why don’t we build smaller, mixed commercial row homes, and court small businesses like fells point. Fed hill and hampden do? It’s unique, it’s “charming” and it’s more “eyes on the street” than random sky scrapers. Cities like Savannah and Charleston have done this- why can’t we be the Charleston of the North?

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[deleted] t1_j0uvx5w wrote

In principle I believe in stand your ground. If someone is threatening you or your property they should be the ones to back down. I can see rationale for duty to retreat if you argue that anything other than inescapable bodily harm is a matter for the authorities but that kind of depends on the authorities holding up their end of the social contract and actually helping the victims. If they can’t or won’t do that, why should law abiding citizens be required to allow others to violate their rights?

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TellemTrav t1_j0uvstk wrote

SYG is not meant to combat crime. It's meant to empower citizens to defend themselves. Also, while SYG has a racial bias, I would say the entire justice system has that problem. While I commend compassion I don't think anyone should be compelled to show it to an agressor. Human life has subjective value for some and no one should be compelled to hold it to the highest standard when someone is attacking them.

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MrsToneZone t1_j0uvnt0 wrote

Correct. The state’s attorney reinforced that to us.

And for some crimes, the accused is automatically charged as an adult. In those cases, the defendant is entitled to a waiver hearing in which they can be waived down to juvenile court which has implications for sentencing and criminal record.

In our case, the defendant was automatically charged as an adult. The magistrate provided those reasons for his decision to waive the accused down to juvenile court.

This ends up happening in most cases that involve a juvenile, short of 1st degree murder or cases in which the victim is a member of law enforcement.

Source: I worked in the juvenile justice system for a few years after this happened.

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Dogsinabathtub t1_j0uvk37 wrote

I feel like the right answer isn't black and white and somewhere in the middle... which infinitely complicates things unfortunately. At the end of the day it's all situationally subjective.

However, I do think that these laws shouldn't benifit you if you are the one commiting a crime, and you are in possession of a weapon illegally.

I think the act of commiting a crime while armed is enough to establish that you are aware of the dangers of your crime and are willing to use deadly force to deal with the confrontations those crimes entail.

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TheSpektrModule t1_j0uv9qm wrote

From my non-lawyer understanding of things...

Maryland courts have ruled repeatedly that although it's a duty to retreat state common law does not require you to retreat in your own home. The right to stand your ground isn't protected by statute but [there is caselaw on the side of homeowners].

> The duty to retreat also does not apply if one is attacked in one's own home. "[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker." Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963). The Court of Appeals said in Crawford, a case in which the defendant fatally shot a younger man who was attempting to break into his home to beat and rob him:

IMO that's one thing MD should clean up. I don't really think that SYG matters much but the law should explicitly protect the right to self defense in your own home. People should also have better protection from civil suits if they shoot a home invader.

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