Dream Defenders occupy Capitol Building offices and corridors. AP |
In an attempt to prompt
the overturning of “Stand Your Ground” legislation, an undisclosed
number of protesters occupied the Florida State Capitol building in
Tallahassee, Florida, on Tuesday, July 16th.
“Dream Defenders,”
an activist organization, demanded a special session be called with state
legislators to repeal these questionable laws. The sit-ins were
engineered in response to the not guilty verdict in the George Zimmerman trial.
On day two of the
sit-ins, Governor Rick Scott (R) met with 7 of the protest leaders who
discussed their demands and personal experiences with racial profiling.
They also expressed to the governor that the Martin shooting occurred on
his watch and how it was his responsibility to do something about it. Governor
Scott stated that a review of the various statutes has been conducted and he
has no intention of repealing these laws.
Since then it seems
these laws have had a far greater and also unbelievable impact on life and
death cases throughout the country. Oddly, Florida seems to be leading
the pack in the unbelievable mismanagement of judicial procedures involving
these laws.
Twenty-six states in the
US have adopted “Castle” doctrine, stating that a person has
no duty to retreat when their home is attacked. Some states go
a step further, removing the duty of retreat from other locations.
"Stand Your Ground," "Line in the Sand" or
"No Duty to Retreat" laws state that a person has no duty or
other requirement to abandon a place in which he has a right to be, or to give
up ground to an assailant. Under such laws, there is no duty to retreat from
anywhere the defender may legally be.
"Stand Your Ground"
governs U.S. federal case law in which the right of
self-defense is asserted against a charge of criminal homicide. The
first Stand Your Ground laws appeared in 1895. The Supreme
Court of the United States ruled in Beard v U.S. that a
man who was "on his premises" when he came under attack and did not
provoke the assault, and believed that the assailant intended to take his life,
or inflict bodily harm...was not obliged to retreat. He was entitled to stand
his ground.
This law's effect on
crime rates is widely disputed. The third edition of More Guns, Less Crime, by John Lott, says that states adopting “Stand
Your Ground”/"Castle Doctrine" laws reduced murder rates by 9 percent
and overall violent crime by 11 percent. But Harvard law professor, Alan
Dershowitz, dismissed Lott's research, which was financed by
the National Rifle Association, as "junk science at its worst."
In Florida, it appears
these laws are disproportionately misrepresented and poorly serving the
population. In many cases, they even appear to be significantly
abused. Here are a few examples.
Mentioned merely as a foot note by trial commentators during the Zimmerman trial, yet widely discussed on social media, the nation has been made aware of the case of Marissa Alexander.
August 1, 2010, Marissa
Alexander, 31, of Jacksonville, Florida, became involved in an altercation with
her husband, Rico Gray.
Rico Gray was in a
jealous rage and has a history of domestic violence. Marissa made her way
to the garage and retrieved her handgun fearing she would have to defend
herself. With gun in hand she turned to find Rico. Enraged, he had trapped
her and was threatening to kill her before he would allow her to see anyone
else. She fired a warning shot and he retreated. She was arrested
and claimed self-defense.
Denied the use of the “Stand
Your Ground” statutes, she was convicted and sentenced to a mandatory 20
year sentence. State Attorney Angela
Corey, who oversaw the prosecution of George Zimmerman, also prosecuted
Alexander.
Jordan Davis killed for playing music too loud in a parking lot. |
Another travesty soon to
grip the nation’s attention is the case of Jordan Davis, another 17 year old African American.
He was shot three times and killed in a convenience store parking lot in Jacksonville,
Florida.
The shooting followed a
dispute over the volume of the music being played in the vehicle Davis was
riding in. His assailant, Michael Dunn, 46, claimed a shotgun was aimed at him
from the backseat, prompting him to unload 10 shots into the Dodge Durango
Davis was riding in. Dunn is citing “Stand Your Ground” as his
defense. No weapon or anything resembling a firearm could be found in the
vehicle.
These are only two of
the more high-profile “Stand Your Ground” cases gaining attention in
Florida.
It is obvious to me that
things are way out of control in the Sunshine State. Is this what
Americans want to see? The law of the gun? Murder in the
streets? It’s time to do away with these archaic laws.
Not enough proof for
you? View the HuffingtonPost.com slideshow detailing 15 additional “Stand Your Ground” cases in which Floridian
shooters all walked away free. Too much American blood has been spilled and no justice has been found.
I'm not hatin, I'm jus sayin...
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