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Old 05-22-2011, 12:43   #23
PEC-Memphis
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Quote:
Originally Posted by RYT 2BER View Post
Not sure you're right... you are referring to the Seventh obviously.. but here are some highlights:

The Seventh Amendment (Amendment VII) to the United States Constitution,
which is part of the Bill of Rights, codifies the right to a jury
trial in certain civil cases. Unlike most of the Bill of Rights,
the Supreme Court has not incorporated the amendment's requirements to the states under the Fourteenth Amendment.

-Now I think the legal key here is that the amendment states that a person is entitled to a jury trial in civil cases (this assumes the case is "brought"), I believe in the case of the Castle Doctrine, the "case" cannot be brought through immunization, therefore there is no trial and no jury.

Its hair splitting but apparently it holds...As far as not having a good case come along? I recently read an article (and had a conversation with the author) who had reported that there have been almost 100 Castle Doctine aqcuitals in Florida since the law went on the books. Id say if it hasnt happened already, it probably holds water...
I'm 100% sure that my earlier statement is the opinion of many attorneys. Wether their opinion is correct is another matter. There are a couple of "go-to" attorneys in the west Tennessee area if you are a good-guy which needs a defense regarding the lawful use of a firearm. Both are very pro-carry. One occasionally speaks at firearm organizational meetings in the area regarding legal aspects of firearms. Both hold that civil suit immunity under castle laws will not stand if challenged, at least in Tennessee; keeping in mind that the actual language of castle laws vary from state to state.

As far as a good case comes along, the case will need to be where where the person would not meet the "guilty" standard for a criminal act, but would meet the standard for a civil suit. Think of something like the (first two) OJ Simpson cases, were he was acquitted in the criminal trial but was guilty in the civil suit.
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