We can all find some law, or case law that seems to excuse killing someone.

California law got ridiculous because of people who had invited someone over, then shot him, and claimed he broke in. They passed the must retreat if possible law. Naturally the pendulum swung back finally. And now the very confused want to blame guns.

Most every jury knows the difference between someone who was drunk, had no previous criminal history, and staggered in the wrong house. Especially if he is asleep on the couch when shot. Or is shot in the back with his face in the refrigerator. Or just so drunk he can barely walk. The cab driver had to help him find the right amount of money in his wallet.

Different than a person who is a career criminal ex-con who found the front door locked so went around the house and found an unlocked door or window.

It is why we have juries.

It is really sad when breaking and entering no longer requires breaking.

Or the other extreme - when first degree murder gets plea bargained down because of crowded courts or weak evidence - over and over and over. Often the staff and/or inmates in a minimum security prison has a big problem at some point. They might look at the body of a guy with no previous felony convictions who is in for grand theft motorcycle type crime. Then they look at the file of the killer describing his crime and the plea bargain. And finally he gets sent to a higher custody prison.

When California passed its career criminal law (in 1960’s or 70’s, for the second time I believe) many people wanted burglary considered a violent crime. Because when you come home and find your house has been burglarized you experience fear. Obviously some people want us to go back to the old west mentality and hang people for every crime?

The anti drunk drivers activist groups got mandatory sentences that forced release of worse felons in overcrowded prisons. It became law that if a drunk only injures himself he still is guilty of an injury accident. (They kill more people than our police-action wars)

In one rape case a woman said she did not tell him no - because in rape class she was told if rape was inevitable not to resist. So they passed a law saying a woman had to say no for it to be rape.

In the bad side of one city a drunk guy in his forties ran from police. In court he explained words to the effect “I knew they were going to beat me, and figured they would not beat me as bad if they were tired”.

No one should ever lie. Except when Jesse James’s gang robbed a bank in Minnesota and the bank clerk lied and said it was on a time lock. Waiting for the unlock time gave local Civil War vets time to get armed and ready. Strange horses were tied up at the bank? An obvious stranger lookout watching everyone?

It is what makes Jury Duty interesting. Sometimes it is okay to lie. Sometimes breaking and entering does not require breaking anything. Sometimes a woman is afraid to say no.

One thing is the same. When you pull the trigger of a gun you might need a good story for a jury.