Tuesday, June 10, 2008

N.J. top court says killer can get retrial on self-defense

NEWARK, N.J. - A man who killed an attacker in Jersey City had his reckless manslaughter conviction reversed Monday by the state Supreme Court, which cited botched jury instructions.

However, Wilberto Rodriguez will still face a retrial to determine if he was justified in using deadly force in self-defense.

The 6-0 decision by New Jersey's highest court found deadly force is not always allowable and people must retreat if they can do so safely.

"We will not assume that in all robberies a victim will reasonably believe he is likely to suffer death or serious bodily injury and cannot safely retreat," Justice Barry T. Albin wrote for the court. "We will not sanction the gratuitous use of deadly force in violation of the express terms of the (New Jersey) Code (of Criminal Justice)." Justice Virginia A. Long did not participate in the case.

The justices noted that New Jersey law requires people to refrain from deadly force if they can safely leave the scene or by surrendering an item sought by an attacker. However, the code allows someone to kill another "in the honest and reasonable belief that the protection of his own life requires the use of deadly force," the court said.

Because "giving them what they want" not only keeps the bad guys (minorities) safe from harm, but allows them to continue voting for politicians who create such insane laws.

Bad guys along with their friends and family know where to run for help. And New Jersey is one of the places they run to. Not many places left where an honest crook can find such protection now is there. And Europe doesn't count. Never did.

No comments: