[identity profile] jerseycajun.livejournal.com posting in [community profile] talkpolitics
I'm big on self-defense, and on the right to gun ownership. However, I also would not defend a private individual for an act I wouldn't also expect an authority figure to be held accountable for.

Here's the story.

I've argued in the past that a key objection I have to the idea of using authority to torture a captive in the name of security and safety is that the nature of the situation is categorically insufficient to justify its use. The reason being is that the target is already in a subjugated state or prone, if you will.

Enter Jerome Jay Ersland who in the process of defending his store from being robbed, shot one of the assailants in the head, chased the other assailant outside, returned and proceeded to fetch another weapon and shoot the first attacker 5 more times, who it turned out was not carrying a weapon (the gun toting assailant was the one who was chased outside).

Now there was no telling whether Antwun Parker (the assailant killed) was still alive after the first shot, but it seems hard to believe he represented an active threat warranting 5 additional shots to subdue him. There is no sign of struggle at that point. Ersland might have just been shooting an already dead body, (That's about the only way I could see a case being made in his defense), but even so, would not the proper response to a downed assailant be to call the police and the paramedics?

The overall point here is that use of lethal force can only be justified as long as an active lethal threat remains. And that even when such a threat is active, taking a life in defense is less about intending to violate someone else's bodily integrity and dignity than protecting your own (specifically your own). When conditions become passive again, the dignity and the integrity of the individual once again become the overriding necessity.

Do I think the verdict is correct? Yes, most likely (with the only reasonable doubt being whether or not Parker was still alive at the time the additional shots were fired) but situations like this cannot be glossed over or condoned whether the person is acting as a private individual or an authority figure.

Re: regarding Osama bin Laden

Date: 1/6/11 01:21 (UTC)
From: [identity profile] mrsilence.livejournal.com
The relevance of who Bin Laden is and what he had done, speaks directly to the fact the SEAL Team believed that he would certainly resist with deadly force if he was not subdued immediately and possibly in unconventional ways.

The official policy was that unless he was found naked he was to be considered armed, conceivably with a suicide vest or a detonator for explosives laid throughout the house.

Re: regarding Osama bin Laden

Date: 1/6/11 01:29 (UTC)
From: [identity profile] allhatnocattle.livejournal.com
That's not the policy of a kill order. Kill order means under all circumstances the target is to be killed. Under no circumstances was he to be captured, naked or whatever.

Re: regarding Osama bin Laden

Date: 1/6/11 03:57 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
There is no such thing as a "kill order" such that an attendant policy or set of desired ends is systematic to the operation.

Re: regarding Osama bin Laden

Date: 1/6/11 07:35 (UTC)
From: [identity profile] allhatnocattle.livejournal.com
"According to former White House counterterror advisor and ABC News consultant Richard Clarke, it's unlikely the SEALs ever planned to take bin Laden alive."

And Reuters reports that it was indeed a "Kill Order" (http://www.reuters.com/article/2011/05/02/us-binladen-kill-idUSTRE7413H220110502)

And this is a more telling detailed report on the assassination. (http://www.reuters.com/article/2011/05/13/us-binladen-kill-idUSTRE74B6H820110513)I quote, "The mission to destroy bin Laden, and his network, sparked the creation of a chillingly bureaucratic process for deciding who would be on "kill lists," authorized for death at the hands of the CIA."

The CIA is used for cover of plausible deniability should anything go wrong. For such assassinations are in violation of American signed international charters and agreements (such as the Geneva Convention). I would think that in carrying out these orders it violates the USA constitution, therefore it's understandable the admission of these details came not directly from the Whitehouse, but instead were blatently leaked from the Whitehouse without the Whitehouse's denial or embarrassment. Nobody is being sued or is there a warrant for arrest. Therefore I conclude these to be factual.

Re: regarding Osama bin Laden

Date: 1/6/11 15:35 (UTC)
From: [identity profile] meus-ovatio.livejournal.com
You do know why they put it in quotes, right?

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