Rain Monkey
September 5th, 2005, 10:19 AM
I don't get it. A couple of days ago shoot to kill orders were given to respond to people seeking material survival needs in flooded stores. Today WalMart offers assistance.
"WalMart is kicking off their hurricane Katrina fundraising effort, with a donation of 23 million dollars; 15 million from the giant chain, 8 million from the Walton family. "
http://www.here-now.org/shows/2005/09/20050905_3.asp
And in the mean time FEMA has been buying material assistance and giving it away to evacuees.
So what was so wrong with going to get the shit on store shelves in the first place. I'm all for maintaining order, but why order officers to "shoot to kill" instead of organizing an orderly distribution of available inventory?
There is a well established legal principle called the "Defense of Necessity:"
DEFENSE: NECESSITY
Included in the defendant's plea of not guilty is [his] [her] plea of necessity as a defense.
It is a defense to the offense [charged] [included] that:1
(1) the defendant reasonably believed the conduct was immediately
necessary to avoid imminent harm; and
(2) the desirability and urgency of avoiding the harm clearly outweighed,
according to ordinary standards of reasonableness, the harm sought
to be prevented by the law proscribing the conduct.2
"Imminent" means near at hand; on the point of happening.
"Ordinary standards of reasonableness" means the care an ordinary, reasonable, prudent person would have taken under same or similar circumstances.
If evidence is introduced supporting the defense of necessity, the burden is on the state to prove beyond a reasonable doubt the defendant did not act out of necessity.3
If from all the facts and circumstances you find the defendant acted out of necessity, or if you have a reasonable doubt whether [he] [she] acted out of necessity, then you must find the defendant not guilty.4
http://www.tncrimlaw.com/TPI_Crim/40_05.htm
So the Spin Machine set out to paint the dying people as to lazy to help themselves except to steal from the stores owned by people who may choose to help them out of a sense of noblesse oblige at some later date. But in the mean time: Kill them.
"WalMart is kicking off their hurricane Katrina fundraising effort, with a donation of 23 million dollars; 15 million from the giant chain, 8 million from the Walton family. "
http://www.here-now.org/shows/2005/09/20050905_3.asp
And in the mean time FEMA has been buying material assistance and giving it away to evacuees.
So what was so wrong with going to get the shit on store shelves in the first place. I'm all for maintaining order, but why order officers to "shoot to kill" instead of organizing an orderly distribution of available inventory?
There is a well established legal principle called the "Defense of Necessity:"
DEFENSE: NECESSITY
Included in the defendant's plea of not guilty is [his] [her] plea of necessity as a defense.
It is a defense to the offense [charged] [included] that:1
(1) the defendant reasonably believed the conduct was immediately
necessary to avoid imminent harm; and
(2) the desirability and urgency of avoiding the harm clearly outweighed,
according to ordinary standards of reasonableness, the harm sought
to be prevented by the law proscribing the conduct.2
"Imminent" means near at hand; on the point of happening.
"Ordinary standards of reasonableness" means the care an ordinary, reasonable, prudent person would have taken under same or similar circumstances.
If evidence is introduced supporting the defense of necessity, the burden is on the state to prove beyond a reasonable doubt the defendant did not act out of necessity.3
If from all the facts and circumstances you find the defendant acted out of necessity, or if you have a reasonable doubt whether [he] [she] acted out of necessity, then you must find the defendant not guilty.4
http://www.tncrimlaw.com/TPI_Crim/40_05.htm
So the Spin Machine set out to paint the dying people as to lazy to help themselves except to steal from the stores owned by people who may choose to help them out of a sense of noblesse oblige at some later date. But in the mean time: Kill them.