Villainous Company: Ask Not For Whom the Clue Bat Swingeth….

I have a dilemma. I can’t decide if the author that Cassandra is referring to here is dumber than an empty box of rocks, or is an errant knave. or perhaps both. Watch how a fool is separated from his inane verbiage.

It swingeth for thee. In a delightfully entertaining post, Patterico takes on a New Republic author who dishonestly suggests that a legal standard used by 49 of the 50 states is actually some kind of dangerously-out-of-the-mainstream aberration. Even the authors inevitable “correction” continues to misrepresent the facts:The piece still says it’s different in “other states” plural with only a link to Ohio — which is, again, the only state in the union that clearly and consistently puts the burden on the defendant.

The post closes by saying:

Within reason, legal protections for, and presumptions in favor of, policemen acting in the line of duty make sense. Society has chosen to give these men and women guns, after all. And if we expect these officers to put their lives on the line, we owe them some measure of trust and due deference. But trust cannot become a license to kill. We have a word for a situation where killing is the default, where violence is so expected that the burden is no longer on a killer to prove his actions are justified. That word is war. It has no place in suburban St. Louis.

This is arrant nonsense. Killing is not “the default” anywhere in America, and this incident would not be news if it were. Its news precisely because what happened to Michael Brown isnt what normally happens – just as prosecutors not bearing the burden of proof isnt the normal rule in 49 out of 50 states. Patterico continues:

No, the word for a situation where the burden is on the prosecution to disprove self-defense is “America.” With the exception of Ohio and possibly Louisiana in some cases, that is the norm, and it’s hardly a shocking one in American jurisprudence: the burden of proof is on the prosecution. CRAZY!!!!11!!11!ELEVENTY!!

via Villainous Company: Ask Not For Whom the Clue Bat Swingeth…..

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