Confrontation with reporter in Yaniv strata parking lot - Miriam can't stop slapping people

[Tater Hater]

Seriously though please do make a new thread for it. It's a new development that needs its own conversation.

Done. Might need a mod tweak though

 

[AnOminous]

Honestly the more I learn about the different laws in Canada vs the US in these threads, the more I think they are actually more similar than people realize and there's a lot of misinformation out there.

The presumption makes a lot of difference even if the underlying law looks similar. As a practical matter, if you shoot a trespasser in your own home in Texas you will in all likelihood sleep in your own bed that night without a trace of worry that you're going to be charged with anything. A grand jury will quite simply usually just return a no bill if a prosecutor even tries anything.

In California, you're probably going to be in jail awaiting trial even if you ultimately win, and you might not.

 

[DK 699]

So he has the local police on speed dial.

Isn't it disgusting how police now protect the monsters from the innocent instead of the other way around?

Honk Honk

But in all seriousness this Yaniv situation kinda reminds me of how the police treat Christoper Winfield Vega in 'A girl who brought down the world'.

 

[2nd_time_user]

The presumption makes a lot of difference even if the underlying law looks similar. As a practical matter, if you shoot a trespasser in your own home in Texas you will in all likelihood sleep in your own bed that night without a trace of worry that you're going to be charged with anything. A grand jury will quite simply usually just return a no bill if a prosecutor even tries anything.

In California, you're probably going to be in jail awaiting trial even if you ultimately win, and you might not.

I disagreed b/c I actually know of a case where this happened: It involved a drug dealer who got broken into by two other dealers who got shot. One died. The cops didn't arrest him and no charges were filed. This was in 2013.

 

[Apteryx Owenii]

Factually incorrect. What you've referred to in your spoiler is "Stand your ground". We do not have stand your ground - you are permitted to protect your property and person from force/assault. This is enshrined in sections 34 and 35 of the criminal code. You can't kill a person for trying to steal your car - you're expected to call the police as there's no danger to your person or your home. You're not expected to flee from your home or take a beating, however. If the need arises, you can kill the intruder if he or she just won't stop and you fear for your life. The police may indeed arrest you. An arrest is not a conviction, and you have a defence for any charges. Not only has this been tested, but there is indeed case law on the books.

Perhaps you think that castle doctrine means you can automatically just shoot an intruder? Very few states even permit that.

The key point of castle doctrine is that it removes the necessity to retreat, which otherwise would require someone to flee from an intruder until they can't get away anymore. With CD if someone is an intruder and poses a reasonable threat, you can use force against them without having to exhaust other means, even if it's 2 feet inside the door . But yeah, it doesn't mean you can shoot a drunk guy you find when you wake up who wandered into your unlocked house and passed out on the living room couch.

But while I don't know the application of castle doctrine in Canada I can be fairly confident this is a great example of the opposite of how it is used. It's monumentally stupid to try and physically confront someone in a common area parking lot (not even your individual property!) and then try and stop them from leaving. In any uncucked jurisdiction this should catch charges with the video evidence.

 

[ComeGetSome]

The key point of castle doctrine is that it removes the necessity to retreat, which otherwise would require someone to flee from an intruder until they can't get away anymore. With CD if someone is an intruder and poses a reasonable threat, you can use force against them without having to exhaust other means, even if it's 2 feet inside the door . But yeah, it doesn't mean you can shoot a drunk guy you find when you wake up who wandered into your unlocked house and passed out on the living room couch.

You have just described the law as it exists in Canada. You, as a property owner, are not required to retreat from an intruder. Plain and simple. In fact, there seems to be some case law suggesting that CD in canada does indeed extend to areas beyond the inner walls of the castle, and that those who run afoul of CD tend to actually run afoul of the "as much force as necessary".

Interesting news article but I haven't been able to find the actual court case surround this. TLDR; Thieves try to rob Jewellery store at gunpoint. Owner keeps a gun in the vault. Owner retrieves gun from vault and shoots thieves - hitting one thief five times. Nobody died, RCMP tried to pin charges around storage of gun requirements but shopkeeper had operated within the confines of Canadian law. Same two sections of criminal code protected him. https://www.cbc.ca/news/canada/brit...ho-shot-robber-wants-more-gun-rights-1.817344

But while I don't know the application of castle doctrine in Canada I can be fairly confident this is a great example of the opposite of how it is used. It's monumentally stupid to try and physically confront someone in a common area parking lot (not even your individual property!) and then try and stop them from leaving. In any uncucked jurisdiction this should catch charges with the video evidence.

By "example" I presume you are referring to Jessica blocking the reporter from leaving? Ignoring the fact that the reporter wasn't detained but rather the car was, yadda yadda - unlawful confinement. If someone you don't want on your property is actively trying to leave/flee your property, you don't have a right to confine them to your property.

 

[AnOminous]

By "example" I presume you are referring to Jessica blocking the reporter from leaving? Ignoring the fact that the reporter wasn't detained but rather the car was, yadda yadda - unlawful confinement. If someone you don't want on your property is actively trying to leave/flee your property, you don't have a right to confine them to your property.

I believe Canada has some provisions for citizen's arrest but mere trespassing wouldn't justify it.

Also they weren't even on their own property but property they had no right to exclude others from, and they had no justifiable basis for doing anything at all to the reporter.

 

[OdessaV]

Yaniv alone is a 24hr news cycle. Christ, I regret needing to sleep.

I’ve become addicted to the Yaniv story the last two weeks and am seriously disappointed when I don’t see a new deluded tweet from him for more than a day. I joined the forum for this diddle-wanker specifically. I need serious help at this point.

 

[AbraCadaver]

Lads there’s already a thread for bickering about how laws in Canada work.

 

[Cheesegirl78]

The presumption makes a lot of difference even if the underlying law looks similar. As a practical matter, if you shoot a trespasser in your own home in Texas you will in all likelihood sleep in your own bed that night without a trace of worry that you're going to be charged with anything. A grand jury will quite simply usually just return a no bill if a prosecutor even tries anything.

In California, you're probably going to be in jail awaiting trial even if you ultimately win, and you might not.

Ehh, that depends on where you are in California.
Bay Area, you may spend some time in jail, or actually go to trial, possibly have a civil suit filed against you.
Farther north, you get a medal and a "well-done" from the sheriff's department. Any civil suits are usually dismissed.

 

[2nd_time_user]

Ehh, that depends on where you are in California.
Bay Area, you may spend some time in jail, or actually go to trial, possibly have a civil suit filed against you.
Farther north, you get a medal and a "well-done" from the sheriff's department. Any civil suits are usually dismissed.

The dealer-on-dealer shooting I talked about happened in the Bay Area close to SF.

I agree, if it happened in The City itself it'd be different, because SF is pretty different from the rest. Well except Berkeley.

 

[Cheesegirl78]

The dealer-on-dealer shooting I talked about happened in the Bay Area close to SF.

I agree, if it happened in The City itself it'd be different, because SF is pretty different from the rest. Well except Berkeley.

I should've been more specific, but San Francisco and Berkley are what I was referring to.

 

[JosephTX]

They technically don't have to have an extradition treaty to extradite.

Someone named Gill Rosenberg was extradited from Israel to the United States for some fraudulent scheme, then deported back to Israel, which seems like kind of an elaborate process to have someone end up back in Israel anyway.

It's because under Israeli law as a condition of Israel extraditing someone who was residing in Israel at the time of the crime is that they are to serve their sentence in Israel after being convicted so they don't get murdered by the Aryan Brotherhood in prison.

 

[AnOminous]

It's because under Israeli law as a condition of Israel extraditing someone who was residing in Israel at the time of the crime is that they are to serve their sentence in Israel after being convicted so they don't get murdered by the Aryan Brotherhood in prison.

She served her time here, though.

 

[JosephTX]

The presumption makes a lot of difference even if the underlying law looks similar. As a practical matter, if you shoot a trespasser in your own home in Texas you will in all likelihood sleep in your own bed that night without a trace of worry that you're going to be charged with anything. A grand jury will quite simply usually just return a no bill if a prosecutor even tries anything.

In California, you're probably going to be in jail awaiting trial even if you ultimately win, and you might not.

Hell in Houston, Texas, the city with the lesbian democrat DA, I shot 4 people in one go in the middle of the street and the police didn't even confiscate my gun.

 

[Top Notch Turf]

Any psychologists (qualified, not armchair like myself) got a low down on Jonny’s behaviour here? The blatant lying down the phone whilst knowing he is being recorded just astounds me and I’m doing my nerd-nut to know more.

I bet there are some of you on here. This shit is too case study perfect to resist!

 

[EmpireOfTheClouds]

Man, this is why Yaniv is probably my favourite cow. He just keeps giving himself more rope to hang himself with... plus with Miriam, we got two cows for the price of one.