Quote:
Originally Posted by justintrask
As far as the "with complete safety" on the retreat goes... what do you suppose the scenario is if you are on the bubble weed covered rocks of the canal at low tide... by the time i found my footing up the canal to run, i could be dead six times. Maybe more depending how fast they can reload.
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The bottom line is, self-defense comes down to a question of fact for the judge or jury. All aspects of it. And Barnstable County is still a place where the average juror would be more inclined to side with the respectable citizen, with a clean record, over a guy with a record as long as the canal who approached a fisherman minding his own business. Regardless of the nuances of the law, and the instructions from the judge, jury nullification happens, and it happens most often in cases where punk confronts citizen, and citizen lays out punk.
The other thing to keep in mind on the Canal is this---you'd be dealing with the Bourne or Sandwich PD, and they also would be more inclined to side with you over a well-known local POS. You have to get charged first, to be prosecuted.
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