Tag Archive: Doberman Pinscher


Self-Defense Is A Constitutional Right

 

 

 

 

 

 

” So holds State v. Hull (Wash. Ct. App. Dec. 18, 2014) (nonprecedential), in an interesting and pretty detailed opinion.

  Generally speaking, courts rarely have to decide whether there is a constitutional right to self-defense, since all states generally recognize a statutory or common-law right to use force against another person in self-defense. And while there are constraints on this right — e.g., you can’t use deadly force against a relatively minor attack, some states bar deadly force when there is a completely safe avenue of retreat available, and so on — a constitutional right to self-defense is unlikely to be absolute. Traditionally accepted limitations on self-defense are likely to be seen as limiting any such constitutional right as well.

  But sometimes self-defense law contains substantial gaps (perhaps unintended by the legislature). One such gap is that many state penal codes — including, apparently, in Washington — expressly provide for self-defense only against people and not against animals. And in State v. Hullthe prosecution actually argued that “Self-defense is a defense to the use of force against a person, not an animal,” so Hull “was not entitled to a self-defense instruction.” “The language of the Washington Pattern Instruction 17.02,” the prosecution argued, “is … clearly limited to lawful ‘force upon or toward the person of another.’ Simply put, a dog is not a ‘person’ as contemplated by either the statute or the pattern instruction,” so when someone is tried for injuring a dog, the jury isn’t supposed to consider whether he acted in self-defense.

  That can’t be right, and the Washington Court of Appeals said it wasn’t right. Indeed, the court said, there is a constitutional right to self-defense, for three related reasons (reason 1 got the votes of all three judges, and reason 3 and possibly reason 2 got only two votes): “

 

Eugene Volokh has more

 

 

 

 

 

 

 

 

 

Smartest Dog Breeds

 

 

 

 

” How do you qualify a question that asks what the smartest dog breeds are?

Defining the smartest dog breeds depends on what defines a “smart dog.” Is it the ability to wrap people around her dewclaw and get her way, no matter what?

Which dog is smarter, the one that does as he’s told and works hard for his supper or the one that cocks her head, looks confused and is waited on because she’s obviously too challenged to find her way to her own food bowl?”

 

Here are some of the dumber breeds …

 

” Breeds often accused of being most likely to be held back a grade include:

Owners of these breeds might agree their dogs may not have college futures, but they do have street smarts, and when it comes to getting their way, they’re without peer.

The reason for these differences in the smartest dog breeds and “other breeds” is all in the genes.

Or more precisely, the tendency to follow human direction depends very much on what a breed was developed to do in the first place. Of the most trainable breeds, almost all come from herding or retrieving backgrounds, jobs for which the ability to follow human cues is vital.”

 

If you want to know the smartest breeds you’ll just have to follow the link … good doggie 

 

 

 

 

 

 

 

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