Custom Search

Wednesday, March 21, 2012

Jeb Bush & The NRA Sponsored Florida's "Stand Your Ground" Law; Legal Excuse To Commit Murder

















Author of "Stand Your Ground" law: George Zimmerman should probably be arrested for killing Trayvon Martin

The authors of Florida's controversial "stand your ground" self-defense law say George Zimmerman should probably be arrested for shooting Trayvon Martin, reports the Miami Herald.

"He has no protection under my law," former Sen. Durell Peaden told the newspaper.

Florida's law, called "stand your ground" by supporters and "shoot first" by critics, was passed in 2005 and permits residents to use deadly force if they "reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

Traditionally, self-defense laws did not typically extend beyond a person's home, but the Florida law, and at least 20 more passed across the country since them, allows a resident to "meet force with force" almost anywhere, including the street or a bar.

Zimmerman, 28, reportedly admitted to police that he shot 17-year-old Trayvon Martin on the evening of February 26. He was released without being charged after claiming he killed the boy in self-defense. But 911 recordings released over the weekend suggest that Zimmerman, who has a concealed weapons permit and volunteered in an apparently informal neighborhood watch program, pursued Martin, despite being told police were on their way.

It is the fact that Zimmerman ignored the 911 operator's advice not to follow Martin that former Sen. Peaden says disqualifies him from claiming self-defense under the law.

"The guy lost his defense right then," Peaden told the Miami Herald. "When he said 'I'm following him,' he lost his defense."

Rep. Dennis Baxley, Peaden's co-sponsor in the Florida House, agrees with his former colleague, telling the newspaper that the law does not license neighborhood watch or others who feel "like they have the authority to pursue and confront people. That is aggravating an incident right there."

Both co-sponsors told the newspaper, however, that they did not think the law needed to be re-examined.

"If you want to pass something, pass something that limits their ability to pursue and confront people," Baxley said. "It's about crime watch," he said. "What are the limitations of crime watch? Are you allowed to jump out and follow people and confront them? What do you think is going to happen? That's where it starts."

But during the town hall meeting in Sanford, Florida Rep. Geraldine Thompson promised the law's repeal would be a top priority for the state legislature's black caucus.

"If vigilante justice becomes the norm, will visitors feel comfortable coming to our state?," she asked.



Visit msnbc.com for breaking news, world news, and news about the economy





The NRA Wants the Law Protecting Trayvon Martin's Killer in All 50 States

The National Rifle Association continues to press more states to adopt Florida-style "stand your ground" laws like the one that's made it difficult to prosecute George Zimmerman, the self-appointed neighborhood watch captain who shot and killed 17-year-old Trayvon Martin in Sanford, Florida, in late February.

Zimmerman has claimed self-defense despite the fact that Martin was unarmed.

Since "stand your ground" laws allow people who feel threatened to use deadly force—even if they have an opportunity, as Zimmerman did, to safely avoid a confrontation—Zimmerman has not been arrested or charged. (If you haven't heard about the Martin case, get the full rundown in our explainer.)

The proliferation of these laws is part of a deliberate lobbying campaign by the NRA. In 2005, at the NRA's urging, Florida became the first state to pass a "stand your ground" law. Before that, most states required you to retreat from a confrontation unless you were inside your own home.

Now 24 states have these "stand your ground" laws, which critics call "shoot first" laws (Gawker's pseudonymous blogger "Mobuto Sese Seko" calls the laws "a great, legally roving murder bubble") because they authorize citizens to use deadly force even if the person who makes them feel threatened is, like Martin, unarmed.

Here's a map of the current situation:

Prosecutors hate "stand your ground" laws because they make it much harder to successfully prosecute people who claim self-defense. In Florida, a defendant doesn't have to actually prove he acted in self-defense—the prosecution has to prove "beyond a reasonable doubt" that he didn't do so, a very high bar to clear. The upshot?

In 2010, the Tampa Bay Times reported that "justifiable homicides"—i.e., killings that were deemed legitimate—have skyrocketed in Florida over several years since the "stand your ground" law went into effect:

That's how you end up with stories with headlines like "How to Get Away With Murder." But the NRA continues to forge ahead, pushing to expand the legislation to even more states.

On March 1, just days after Martin was killed, the NRA's Institute for Legislative Action posted a blog post urging Minnesota Gov. Mark Dayton (D) to sign a bill bringing a Florida-style law to his state. Dayton vetoed the bill, noting that law enforcement officials had complained it would make it harder for them to do their jobs. Over at Media Matters, Matt Gertz notes several other examples of the NRA pushing these laws in recent weeks:

On March 16, the NRA's Institute for Legislative Action (ILA) criticized the Judiciary Committee chairman of Iowa's state Senate for failing to hold hearings on "NRA-initiated HF 2215, the Stand Your Ground/Castle Doctrine Enhancement." According to NRA-ILA, the bill would "remove a person's 'duty to retreat' from an attacker, allowing law-abiding citizens to stand their ground and protect themselves or their family anywhere they are lawfully present."

The group urged supporters to contact state senators and tell them to support the bill.

NRA-ILA previously told supporters to contact Democratic members of the Iowa House after they "left the Capitol building in an attempt to block consideration of these pro-gun bills" on February 29.

On March 14, NRA-ILA urged Alaskan supporters to contact their state senators and tell them to support House Bill 80, which it termed "important self-defense legislation that would provide that a law-abiding person, who is justified in using deadly force in self-defense, has 'no duty-to-retreat' from an attack if the person is in any place that that person has a legal right to be."

NRA-ILA also promoted the bill on March 5, March 8, and February 29.

The Massachusetts legislature's joint committee on the judiciary held a hearing on yet another similar law in February.



View Larger Map


Sources: CBS News, Mother Jones, MSNBC, Wikipedia, Google Maps

No comments: