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Author Topic:   are "stand your ground" laws license to kill?
RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 1 of 40 (719505)
02-14-2014 3:41 PM


One of the jurors in the trial on the fatal shooting of Trayvon Martin by George Zimmerman said she thinks Zimmerman got away with murder.
Now we have another case ...
Michael Dunn Jury Goes Second Day of Deliberations Without Verdict - ABC News
quote:
The Florida jury in the murder trial Michael Dunn ended its second day of deliberations without a verdict.
It's like he claims after the fact that it was self defense and made up a lot of his own testimony -- testimony that is contradicted by his fiance, the other boys in the car, and his behavior after the shooting.
Will the "stand your ground" law allow him to get away with murder?

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Replies to this message:
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 Message 5 by Coragyps, posted 02-14-2014 5:56 PM RAZD has replied
 Message 13 by Dr Adequate, posted 02-18-2014 11:59 PM RAZD has replied

  
RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 3 of 40 (719510)
02-14-2014 4:01 PM
Reply to: Message 1 by RAZD
02-14-2014 3:41 PM


Thanks to ALEC these laws have spread like a fungus to several states now, and they are a move in the wrong direction.

we are limited in our ability to understand
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This message is a reply to:
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 6 of 40 (719868)
02-18-2014 10:12 PM
Reply to: Message 5 by Coragyps
02-14-2014 5:56 PM


attackers are not defending ... they are attacking
'Stand Your Ground' Linked To Increase In Homicides : NPR
quote:
Comparing States
This chart, based on data provided by Texas A&M researcher Mark Hoekstra, compares homicide rates in states that have stand your ground laws with homicide trends in states that don't have the laws. The vertical y-axis represents an adjusted homicide rate that takes into account a state's population, pre-existing crime trends and other factors.
"Our study finds that, that homicides go up by 7 to 9 percent in states that pass the laws, relative to states that didn't pass the laws over the same time period," he says.
As to whether the laws reduce crime by creating a deterrence for criminals he says, "we find no evidence of any deterrence effect over that same time period."
"We find that there are 500 to 700 more homicides per year across the 23 states as a result of the laws," he said. There are about 14,000 homicides annually in the United States as a whole.
Another study I saw showed a 3x increase in gun deaths since passing these absurd laws.
It goes from ridiculous to absurd: both Zimmerman and Dunn instigated the confrontations before claiming they had to defend themselves, but now ...
South Carolina
quote:
n armed intruder is making a Stand Your Ground argument in a murder trial, saying he shouldn’t be prosecuted for shooting and killing the man whose home he broke into because it looked as though the man was about to shoot him first.
Really???
At least their supreme court is stepping in ... sort of ...
quote:
The arguments the high court wants to hear apparently don’t involve the substance of the law — they involve at what point in a trial process a judge should hold a full hearing about whether evidence can be introduced about whether the defendant can assert that he enjoys immunity from prosecution because he was in fear for his life when he used deadly force. If a judge were to grant immunity, then a trial would not have to be held.
But there is hope ...
New Hampshire
quote:
The Democrat-controlled New Hampshire House of Representatives voted narrowly Wednesday to approve legislation that would repeal the state's Stand Your Ground law.
The bill's passage sets the stage for debate in the Republican-controlled state Senate over the future of a law first approved in 2011. ...
If nothing else these laws should not apply to people that instigate confrontations.
Really.

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
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This message is a reply to:
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Replies to this message:
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 16 of 40 (719900)
02-19-2014 7:18 AM
Reply to: Message 11 by New Cat's Eye
02-18-2014 11:41 PM


Re: attackers are not defending ... they are attacking
I would expect that criminals who are assaulting people would be shot to death more in states that allow their law-abiding citizens to protect themselves.
And I would expect more criminals to carry guns and use them without waiting to see if their victim has a gun.
Is that a good thing?
When you escalate an arms race you increase the use of arms for lethal purposes.
Is that a good thing?
Really?

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This message is a reply to:
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 17 of 40 (719901)
02-19-2014 7:28 AM
Reply to: Message 13 by Dr Adequate
02-18-2014 11:59 PM


And there do seem to be people who spend their whole lives waiting for that one glorious day when they'll be legally justified in shooting someone
Indeed, and they'll be happy to tell you how ready they are, how prepared, how well trained ...
... and without a clue that there are options. It's all (ahem) black and white in their world.

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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 22 of 40 (719999)
02-19-2014 3:04 PM
Reply to: Message 21 by New Cat's Eye
02-19-2014 12:14 PM


Re: Encouraging Stupid Attacks
The problem with the stand your ground laws is that justifies the use of offensive tactics, not defensive.
No they don't. All they do is remove the duty to retreat.
In both Zimmerman and Dunn cases they instigated the confrontation, they attacked and they were on the offensive, then claimed that it was defense.
Without stand your ground they would not have passed muster for self defense -- as Dunn did not for the other three teens, and that is why the law is bad.
Edited by RAZD, : ...

we are limited in our ability to understand
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Rebel American Zen Deist
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Replies to this message:
 Message 25 by kjsimons, posted 02-19-2014 8:39 PM RAZD has replied

  
RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 26 of 40 (720034)
02-19-2014 8:57 PM
Reply to: Message 25 by kjsimons
02-19-2014 8:39 PM


Re: Encouraging Stupid Attacks
RAZD, there is no evidence that Zimmerman attacked, ...
Curiously I didn't say he attacked, I said he instigated the confrontation, which he did by stalking Trevon. After he was told to stand down by the police.
... but there was ample evidence that he was attacked. ...
No, there is evidence that there was a fight, but you only have Zimmerman's (biased) word as to who started it, and how much does stalking count ...
Note that the Zimmerman case did not invoke the stand your ground defense.
What planet are you from? That's how he got off, and why one of the jurors said he "got away with murder."
Dunn has no defense. The issue here is that the prosecution got greedy and didn't put a lesser charge of murder for the jury to consider. They just couldn't agree that it was premeditated.
Agreed, and the other thing they didn't pursue was whether or not it was a hate crime -- and all the evidence that points to hate crime was then not admitted, when that shows the state of mind of Dunn. With hate crime evidence they could have gotten murder 1.
Edited by RAZD, : ..

we are limited in our ability to understand
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This message is a reply to:
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Replies to this message:
 Message 27 by kjsimons, posted 02-20-2014 11:12 AM RAZD has replied
 Message 28 by Taq, posted 02-20-2014 11:34 AM RAZD has replied

  
RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 29 of 40 (720201)
02-20-2014 7:54 PM
Reply to: Message 28 by Taq
02-20-2014 11:34 AM


Re: Encouraging Stupid Attacks
If Trevon had a gun and shot Zimmerman as he was being stalked, Trevon could have used the stand your ground laws as a justification for the killing. I find that quite ironic.
You would think it would work that way, but the evidence of instances of blacks defending themselves in Florida is that the "stand your ground" argument was not allowed and they were convicted ...
With the same prosecutor ... is she showing bias in her results?

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 30 of 40 (720202)
02-20-2014 8:01 PM
Reply to: Message 27 by kjsimons
02-20-2014 11:12 AM


Re: Encouraging Stupid Attacks
Ok ... "they attacked"
And I stand by my claim that Zimmerman didn't invoke the stand your ground defence. Google it and see. This was a local story, taking place not more than five miles from where I'm sitting now. Believe me we were all inundated with constant coverage, local and national.
Was or was not "stand your ground" included in the instructions to the jury ?
Zimmerman verdict renews focus on 'stand your ground' laws
quote:
The case centered around whether Zimmerman acted in self defense and drew national attention to Florida's law, which allows people to defend themselves with force if they feel threatened in their home, business, car, or a place where they "have a legal right to be." At least 22 states have a similar law, according to the National Conference of State Legislatures.
Do you disagree that it was central to his acquittal?
Edited by RAZD, : .

we are limited in our ability to understand
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This message is a reply to:
 Message 27 by kjsimons, posted 02-20-2014 11:12 AM kjsimons has replied

Replies to this message:
 Message 31 by kjsimons, posted 02-20-2014 9:54 PM RAZD has replied

  
RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 32 of 40 (720209)
02-20-2014 10:29 PM
Reply to: Message 31 by kjsimons
02-20-2014 9:54 PM


Re: Encouraging Stupid Attacks
... Zimmerman had his back on the ground with Trayvon banging his head on the sidewalk so a case could be made for self defense straight out. ...
Sorry, the only evidence for that is Zimmerman, and from what I have seen it is rather questionable at best:
DNA Report does NOT support Zimmerman's claim that Trayvon Martin caused his injuries
Did Trayvon Martin attack George Zimmerman first?
George Zimmerman: Left hand, right holster
So I don't buy it. Curiously I think you should have more evidence than just your word if you kill someone.
... his was a white on black issue when Zimmerman self identifies as Hispanic.
White mother Hispanic father, with known bias against blacks. You don't have to be white to be a bigot.
Edited by RAZD, : ..

we are limited in our ability to understand
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Rebel American Zen Deist
... to learn ... to think ... to live ... to laugh ...
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 35 of 40 (720316)
02-21-2014 2:25 PM
Reply to: Message 33 by NoNukes
02-21-2014 4:42 AM


Re: Encouraging Stupid Attacks
When 'stand your ground' is invoked, then the judge holds a hearing and if the defendant is successful, there is no trial. No such hearing was held for either Zimmerman or Dunn.
However, aspects of 'stand your ground' were included in the jury instructions of each case, and I would argue that the result is quite problematic. In the hearing, Zimmerman and Dunn would at least have to put on evidence that the met the requirements of the law. But in an actual trial, Dunn did not have to do any such thing. The jury could instead consider whether the state had dis-proven the idea of self-defense.
At a minimum then, there should be a ruling that no element of the "stand your ground" law can be used unless a hearing is held.
Does this need to go to the supreme court to get rid of it?

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
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RAZD
Member (Idle past 1434 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 37 of 40 (720326)
02-21-2014 2:44 PM
Reply to: Message 36 by Tempe 12ft Chicken
02-21-2014 2:32 PM


Re: Encouraging Stupid Attacks
So why is it shown backwards (mirrored) and blue? weird.

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
... to learn ... to think ... to live ... to laugh ...
to share.


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This message is a reply to:
 Message 36 by Tempe 12ft Chicken, posted 02-21-2014 2:32 PM Tempe 12ft Chicken has replied

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