#open source everything
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corvidstoneage · 5 months ago
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2.1 Use of Force
In a previous essay we discussed some of the legal considerations for owning and carrying firearms. Today we’ll discuss the legality of the use of force to stop a threat.
As previously mentioned, I am not a lawyer. This is not legal advice. Do your own research and consult an attorney if you’re unsure about anything.
Generally speaking, the use of force, including lethal force, is considered to be justified if four criteria are met. The first three relate to your opponent and the final one relates to yourself.
Intent. Your opponent must intend to cause death or great bodily harm.
Ability. Your opponent must have the ability to cause death or great bodily harm.
Opportunity. Your opponent must have the opportunity to cause death or great bodily harm.
Innocent party. You, as the defender, must not have had a part in the starting of the fight.
Great bodily harm is usually described as a physical injury that causes a substantial risk of death, extended loss or impairment of a body part or function, or permanent disfigurement. Of note, in some states rape is considered to be great bodily harm, in some states it is not. The definition varies from state to state and should be researched by each individual.
Sometimes intent is simple to articulate; if someone shouts that they’re going to kill you and then lunges at you they probably intend to try to cause death or great bodily harm.
Other times it can be more complicated. If your attacker is not so courteous as to announce their plan before assaulting you you should be prepared to articulate the non-verbal cues such as target glances and other body language that you saw to the jury.
Ability deals with what is sometimes called ‘disparity of force’. As the law sees it if a healthy young male is attacked by another healthy, unarmed, male he is not justified in whipping out a pistol and shooting his attacker. It is understood that two individuals, of similar weight and fitness are capable of bringing equal force to a fight and are therefore not in real or imminent danger.
If facing multiple assailants, an armed assailant, or an individual known to you to possess martial arts experience far in excess of your own (be prepared to articulate to a jury how you know that last one), things change.
The law also generally makes allowance for perceived danger. If an assailant threatens to kill you and then points what you believe is a firearm at you, even if it is, in fact, an airsoft gun or even just a black pipe, because a reasonable person would believe that object to be a firearm in the moment, the use of force to defend yourself is still justified.
Opportunity deals with the immediacy of the threat. If you and a mutual who lives across the country get into an argument and they post a picture of themselves with a large knife with a caption threatening to kill you, you cannot legally drive across the country to hunt them down and shoot them. We call that murder in the first degree.
This also means that if someone is trying to mug you with a knife from across a parking lot you cannot legally shoot them. They may intend to kill you, and they may have the tools to do so, but they don’t have the opportunity to do so.
The final criteria that must be satisfied for the use of deadly force to be justified is the innocent party rule. How this is written varies quite a bit from state to state but the gist remains the same; you can’t claim self defense if you started the fight.
This tends to be an issue with road rage incidents. Some dude cuts you off in traffic, so you start following them and trying to run him off the road. Eventually they pull over and you jump out, run up, and start screaming and pounding on their window. They pull a gun and point it at you and you, fearing for your life, draw your own firearm and shoot them. We call this murder in the second degree if you have a good lawyer and murder in the first degree if their next of kin has a good lawyer.
In some states there is also another legal burden on the defender called ‘duty to retreat’. This means that if there is any possible way for you to run away you must attempt to do so before using deadly force. This mostly precludes defense of a third party.
The inverse is also the case. Some states have what are called ‘stand your ground’ laws. The idea being that any place you have a legal right to be you also have a legal right to defend your position in that place.
Similar, are ‘castle doctrine’ laws. Which state that an individual’s dwelling is analogous to their castle as a place of last retreat and impose an assumption that a use of force to defend one’s dwelling is justified.
My own work on this project is licensed CC-BY-SA 4.0. Other’s work is attributed and used under US Code Title 17 Chapter 1 Section 107 for nonprofit scholarly use.
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boigrlking · 2 years ago
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Fuck you. Open sources your information.
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urban-shade · 6 months ago
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i may or may not make this a full iceberg video later but i thought it would be funny to make a pressure iceberg image
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blueberryattack · 2 months ago
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Some stuff from my Tassball Sibling headcanon
Because it's in my head atm
(Tassita and fem!Greaseball are siblings/any pre-2018 Greaseball and Dinah (Greasedad and Mom!Di) of your choosing are their parents)
-Greaseball used to call her brother 'Assita' to tease him until their mom chewed her out for it. Tassita would sometimes call Greaseball 'junior' to try and annoy her, but it wasn't as effective.
-Greaseball would generally go by Greasey as a kid. She only lets Dinah and her parents use it now.
-Tassita won a spelling bee once. This is secretly the proudest Greasedad was of either of them until Greaseball won a championship as a junior racer.
-Both Greaseball and Tassita joined a junior racing league as soon as they were able. Greaseball just wanted to prove herself/her family's legacy, but it was more of a social thing for Tass as there were few other young trains in their yard.
-Greaseball and Tassita raced together as juniors but Tass dropped out after a few years due to the pressure to win.
-Greaseball is very much a 'nobody messes with my baby brother but me' sibling.
-Greaseball is Greasedad's favorite but isn't dumb enough to say that out loud. Mom!Di definitely doesn't have a favorite (it's actually Dinah now).
-Tassita thinks it's happenstance that they both ended up at Troubadour station, but Tass getting hired on there was the final push for Greaseball to move after winning her first world championship.
-Pretty much everyone at Troubadour knows now that Tassita and Greaseball are siblings, except for Slick, despite being GB's closest friend outside Dinah.
-- Porter and Lumber, having realized this, have convinced the rest of yard to keep it a secret to see how long it'll be before she finds out.
-Tassita is very protective of his mom's, Dustin's, and Dinah's status as champions equal to their engine partners.
--He would have chewed out Rusty sometime after the race about not bringing Hydra up on the podium with him and Pearl.
-Rusty and Tassita are actually pretty good friends, but Tass does get annoyed by the whistling.
Feel free to ask me questions about my headcanons thanks bye
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vomits0cutely · 1 year ago
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Remus: [texting Sirius] im out rn so I can’t listen. Is it important?
Sirius: nah just listen to the voice message later
Remus: alr
[later]
Remus: *open voice message*
Sirius: THERES A FIRE- PETE!! YOURE MAKING IT WORSE STOP- (!!)
James: *screaming in pain*
Marlene: *laughing*
Peter: *screaming in fear*
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statementlou · 9 months ago
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🎧
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pigeonedlilac · 8 months ago
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[again saying these are fictitious despite how obvious just in case happyele comes down with an iron fist 🤛]
- Bleeding Ink ♡ Letters From the Heart
By request, StarPro idols are being recruited for the next round of the dating sim Love★Star. Due to the conflicting schedule of a required appearance at a ball, Yuzuru declines the offer, but the game’s director suddenly rewrites the plot…
HAPPY BIRTHDAY TO MIDORI TAKAMINE!!!!!!!!!!
I find myself here again :) I have so much respect for enstars artists.. what they pump out 3+ times a week takes me 5 whole months . My gofd ! I really hope you guys like these 2 🙏 personally they don’t leave my head!
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redtail-lol · 3 months ago
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What's the difference between a trypanophobe choosing not to get vaccinated and an antivaxxer?
Trypanophobes have to struggle with a lot more distress getting a shot than the general population, making it a mentally taxing and emotionally painful ordeal. This is not the lived experience of normal people above the age of 12. There is possibly some nervousness but it is not the same.
Trypanophobes don't spread misinformation and fearmongering about vaccines to convince others not to get vaccinated. We want herd immunity.
Trypanophobes don't treat being autistic like it's the worst thing that could ever happen to someone. Trypanophobes aren't ableist by being trypanophobic
Trypanophobes are a small number of people and we aren't actively recruiting more because we know our fear is irrational.
And sometimes trypanophobes will get vaccinated and get through their fear, even when its hard, because antivaxxers have made herd immunity less achievable. Antivaxxers have a belief and don't believe their fear is irrational so they won't ever get vaccinated until they change their beliefs.
Trypanophobes and antivaxxers will be enemies forever
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pinkyjulien · 2 months ago
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I don't know who needs to hear this but- if a modder ask for a resume/portfolio before letting you test or preview their mods, run away cause their ego's about to explode
And if you want to help me and other fellow modders test their mods and take preview pics, you can join The Cyberpunks server! That's the only public server where I share my WIPs :3
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trinalwilliams · 7 days ago
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Everything
In the tapestry of life, every thread is intertwined, weaving a beautiful narrative of connection and harmony. The intricate dance of cultures, traditions, and experiences creates a majestic kaleidoscope of colors, reflecting the diversity and richness of our world.
Like the gentle rustle of leaves in the autumn breeze, the stories of our lives whisper secrets of resilience, hope, and love. The laughter of children, the wisdom of elders, and the passions of dreamers all blend together in a glorious symphony, celebrating the human spirit.
In this grand orchestra, every instrument plays its unique melody, contributing to the ever-unfolding composition of life. The sweetness of friendship, the warmth of community, and the tranquility of nature all harmonize, reminding us that we are part of a larger, exquisite whole.
As we navigate the complexities of our world, may we remember that every moment, every person, and every experience holds beauty and value. May our hearts remain open, our minds stay curious, and our spirits continue to soar, embracing the breathtaking beauty that surrounds us.
Tlw
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on-this-day-mcr · 2 years ago
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On this day, October 14
In 2022: My Chemical Romance performed their 56th show of the 2022-2023 Swarm tour in Inglewood, California, USA. At this show, "Kill All Your Friends" was performed live for the first time since 2008, and "All the Angels" was performed live for the first time ever. For the first part of the show, a photo of a person (potentially their producer, Doug McKean) in the recording studio was taped to the drums. Later in the show, three tally marks were drawn on the drums. The majority of the songs performed at this show were from their third album, "The Black Parade". (🖤)
Watch the show here!
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Adam Pantozzi
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veerbles · 1 year ago
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very curious about public opinion
honestly we all know post ck kaz is putting his whole back into making the council's lives miserable until they stop slavery. but what about the 1/13 of them that is uhhhh maybe like his friend or something (don't ask him to admit this out loud. he won't)
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pigeongue · 7 months ago
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LOVE THEM SMMMM !!!!!! i’m so nostalgic of my old self discovering brooklyn 99 for the first time 🥲
i’m taking commissions btw!
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risetherivermoon · 1 year ago
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Palestine Ceasefire Emails
Today I came across a tiktok page that has made a way to add an apple shortcut to your phone that will send emails to the representatives in your district, asking for a ceasefire every time you do something simple like open an app! This is a good way to help Palestine and Gaza in your everyday life, I wanted to share this video and link with you on tumblr since I am more active and have a bigger audience here than tiktok. Free Palestine! 🇵🇸
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sadkachow · 9 months ago
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how the fuck did my english class manage to take a semi-positive stance on generative ai
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jadedresearcher · 7 months ago
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can we get the source code for your infinite gender gauntlet? i wanna do the same thing but for sexuality/attraction
Fun fact, MOST of the things I've done for Zampanio are raw javascript, so they are as easy to remix as possible! For the Infinite Gender Gauntlet how you go about doing this is, so long as you can view the Document Object Model like so:
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You can see the list of files it pulls in: utils, data and index.
Of course, reading someone's code is its own Adventure (its mazes all the way down) but that's 100% of what controls that page. data and utils is filled with things I use for other sims as well, so you'll find a lot of dead ends in there: I'd recommend starting with index and seeing what it actually uses. And of course, its interacting with the page itself, you can see the raw html file here: view-source:http://eyedolgames.com/Gender/
Looking forward to what you (and anyone else!) makes with it, def ping me!
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