Starlifter
Serious Thumper
   
Offline

It only snows seven months of the year here.
Posts: 3746
Eastern Michigan
Gender:
|
Source:
'TAMPA BAY TIMES'
<snip>
Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied. For example:
Florida's "stand your ground'' law has allowed drug dealers to avoid murder charges and gang members to walk free. It has stymied prosecutors and confused judges.Seven years since it was passed,
Florida's "stand your ground" law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best. Cases with similar facts show surprising — sometimes shocking — differences in outcomes. If you claim "stand your ground" as the reason you shot someone, what happens to you can depend less on the merits of the case than on who you are, whom you kill and where your case is decided.
• Those who invoke "stand your ground" to avoid prosecution have been extremely successful. Nearly 70 percent have gone free.
• Defendants claiming "stand your ground" are more likely to prevail if the victim is black. Seventy-three percent of those who killed a black person faced no penalty compared to 59 percent of those who killed a white.
• The number of cases is increasing, largely because defense attorneys are using "stand your ground" in ways state legislators never envisioned. The defense has been invoked in dozens of cases with minor or no injuries.
• People often go free under "stand your ground" in cases that seem to make a mockery of what lawmakers intended. One man killed two unarmed people and walked out of jail. Another shot a man as he lay on the ground. Others went free after shooting their victims in the back. In nearly a third of the cases the Times analyzed, defendants initiated the fight, shot an unarmed person or pursued their victim — and still went free.
<snip>
'Emboldening'
As "stand your ground" claims have increased, so too has the number of Floridians with guns. Concealed weapons permits now stand at 1.1 million, three times as many as in 2005 when the law was passed.
"I think the (stand your ground) law has an emboldening effect. All of a sudden, you're a tough guy and can be aggressive,'' said George Kirkham, a professor emeritus at Florida State University who has worked as a police officer.
Criminologists say that when people with guns get the message they have a right to stand and fight, rather than retreat, the threshold for using that gun goes down. All too often, Bruce Bartlett, chief assistant state attorney for Pinellas-Pasco counties, sees the result.
"I see cases where I'll think, 'This person didn't really need to kill that person but the law, as it is written, justifies their action,' " Bartlett said about incidents that his office decides not to prosecute due to "stand your ground." "It may be legally within the boundaries. But at the end of the day, was it really necessary?"
Item:
Florida’s controversial ‘Stand Your Ground’ law is back on the national stage after the murder of yet another unarmed, black teenager.
Michael Dunn, a 45-year-old Florida resident is invoking the controversial law after a recent confrontation turned fatal, The Orlando Sentinel reports.
According to authorities, 17-year-old Jordan Russell Davis, a black teenager, and several other friends were confronted by Dunn, a white man, who pulled alongside the teens' SUV in the parking lot of a Jacksonville, Fla., gas station. Dunn asked them to turn their music down, and after an exchange of words, he fired between 8 and 9 shots at the vehicle, several of which hit Davis, causing his death.
Dunn was arrested on Saturday and charged with murder and attempted murder, his lawyer said that her client acted "responsibly and in self defense."
<end of snip>
Once again, it was not, HIS GROUND, and he STARTED it!!
When is this sh!t going to end??
Now Castle Doctrine is different...Much different. It's a legal doctrine that designates a person's abode as a place in which that person has certain protections and immunities permitting them to, (in certain circumstances), use force, up to and including deadly force to defend against an intruder.
Who can argue against that?
|