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Trayvon Martin's Killing Is Now A Murder Case. Should "Stand Your Ground" Laws Be Repealed ?

Che Guevara - Hero 2012/04/12 03:34:16
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Trayvon Martin's Killing Is Now A Murder Case. Should The "Stand Your Ground" Law Be Repealed ?

Stand Your Ground laws should be repealed because:

1. They require “law enforcement officials to prove that a suspect did not act in self-defense. [NYT] ” This burden of proof is a bridge too far on the presumption of innocence continuum. You cannot prove motive with confidence on the basis of circumstantial evidence when the other guy happens to be dead.

2. They protect shooters from civil suits, where the burden of proof for a civil judgement is lower. This means that when the state doesn’t charge no civil options remain to the victim’s family.

3. Many of the victims have been unarmed (12 of 13 studied in a recent Orlando Sentinel investigation).

4. Police chiefs do not understand the laws, and thus abrogate their duty to investigate fully in the first crucial hours following an incident, allowing vital forensic evidence to be destroyed.

5. Clueless gun owners, like George Zimmerman, who are inclined to ignore or misunderstand policies and regulations regarding use of a firearm, will falsely believe they have rights that they do not, in reality, possess.

6. They encourage vigilantism by codifying a set of assumptions that magnifies the real degree of threat posed by “suspicious” persons possessed of unknown intent. This effect is exacerbated by racial profiling, as well as outright racism, and further fueled by the now well-known “hoodie effect.”

7. They represent an attempt to “normalize” the use of firearms in situations where the standard of proof is that of “feeling threatened,” a standard that is not codified with objective criteria under the laws.

8. People under investigation for having committed a crime involving the use of a firearm already possess a presumption of innocence.

9. They serve to reinforce the brutality of American society, driven by a paranoid sense of threat experienced by some armed civilians.

10. They represent a license to kill. And, as I have said before, it’s not gun nuts who bother me, it’s nuts with guns. I agree with Chattanooga, Tennessee gun enthusiast Sally Peterson who told WRCB TV,"You can't approach a person and draw your gun. I just think there are too many wannabe cops.”


Read More: http://open.salon.com/blog/steve_klingaman/2012/04...

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Top Opinion

  • aneed2know 2012/04/12 05:38:39
    YES
    aneed2know
    +9
    ASAP, there is no need for this law, there are laws on the books dealing with self defense.

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  • Chewy 2012/06/19 16:47:14
  • Jrogers 2012/04/25 04:26:49
    NO
    Jrogers
    +1
    It should be enforced better though - Wasnt the shooter running around the neighborhood with a loaded gun? Correct me if I'm worng - but shouldnt stand your ground laws pertain to your own personal property? Such as your home, your own yard, not the whole neighborhood.
  • MO.gal 2012/04/17 04:24:16
    YES
    MO.gal
    +4
    Yes, before any more innocent people are murdered by wannabe cops armed with a gun.
  • Liberal_guy 2012/04/14 17:24:53
  • mk, Smartass Oracle 2012/04/14 16:29:18
  • ☥☽✪☾DAW ☽✪☾ 2012/04/13 20:19:18
  • Liberal... ☥☽✪☾DAW... 2012/04/14 17:15:06
  • ☥☽✪☾DAW... Liberal... 2012/04/15 02:02:08
    ☥☽✪☾DAW ☽✪☾
    +2
    or
    i dont know maybe shoot them in the leg or a warning shot to make them back off not aim to kill them
  • CAPISCE Liberal... 2012/05/02 13:57:30
  • Liberal... CAPISCE 2012/05/06 02:31:06
  • CAPISCE Liberal... 2012/05/06 12:56:36
    CAPISCE
    No stand your ground and prevent getting yourself killed. If any of you lived in Florida during the Columbian Cocaine years you would understand why Florida is a gun rights state.
  • cheshirewayne 2012/04/13 15:28:17
    NO
    cheshirewayne
    +2
    It will never be a murder trial. It will always be a political trial.
  • Che Gue... cheshir... 2012/04/13 21:00:30
    Che Guevara - Hero
    +2
    Zimmerman is being tried for murdering a 17yo kid. Put on your big girl panties and deal with it.
  • ☥☽✪☾DAW... Che Gue... 2012/04/14 03:57:19
  • CAPISCE ☥☽✪☾DAW... 2012/05/02 13:58:26
  • ☥☽✪☾DAW... CAPISCE 2012/05/02 21:19:03
    ☥☽✪☾DAW ☽✪☾
    +1
    anyone can post stupid for a photo doesnt mean anything

    anyone can act all Gangsta
    post stupid photo act gangsta Gangsta fail Gangsta post stupid photo act gangsta
  • CAPISCE ☥☽✪☾DAW... 2012/05/04 13:30:36
  • CAPISCE CAPISCE 2012/05/04 13:31:26
  • ☥☽✪☾DAW... CAPISCE 2012/05/04 13:38:15
    ☥☽✪☾DAW ☽✪☾
    kkk hang black kkk hang black kkk hang black kkk hang black

    You were saying?
  • CAPISCE ☥☽✪☾DAW... 2012/05/04 13:51:17
  • ☥☽✪☾DAW... CAPISCE 2012/05/04 13:58:10
    ☥☽✪☾DAW ☽✪☾
    white killing black white killing black

    the Actions of Small group of idiots do not Focus on the Entire Race
    are there violent whites Yes are there violent blacks yes are there violent latinos yes
    are there violent mexicans yes
    anyone is capable of violent and ignorance
  • CAPISCE ☥☽✪☾DAW... 2012/05/05 11:59:53
    CAPISCE
    Check the violent crime stats, read them by race and then reply. I want to hear your opinion after your informed on the race breakdown of violent crimes in America.
  • ☥☽✪☾DAW... Che Gue... 2012/05/04 13:32:04
  • CAPISCE ☥☽✪☾DAW... 2012/05/04 13:35:24
  • Liberal... cheshir... 2012/04/14 17:17:14
  • Morgan 2012/04/12 23:37:12
    YES
    Morgan
    +3
    Too much senseless killing. A person could kill someone just because they hate them. Why do we have it?
  • Liberal... Morgan 2012/04/14 17:20:32
  • Morgan Liberal... 2012/04/14 17:49:17
    Morgan
    +2
    I would say that too. But 1) people would get upset asking why only the police should get guns and 2) some, not all but some may abuse that power
  • Liberal... Morgan 2012/04/14 18:13:00
  • scbluesman13 2012/04/12 20:48:32
    YES
    scbluesman13
    +2
    While I don't agree with the Stand Your Ground law for many reasons, this case has nothing to do with the law as it is written.

    If any relationship is to be drawn between the poorly written law and the unlawful actions of Zimmerman, it's that his misinterpretation of the law may have - to some degree - helped to justify in his own mind the killing of this innocent boy. But it's also clear from not just the 9-11 call HE made but also from the call between Trayvon and his girlfriend at the time Zimmerman was pursuing him that Trayvon was neither acting suspiciously nor presenting himself as a threat in any way, shape, or form to Zimmerman or the public at large.
  • addie 2012/04/12 19:02:11 (edited)
    YES
    addie
    +4
    If, you can stand down safely, you should stand down.
  • The Ele... addie 2012/04/13 15:03:27
    The Electrician
    +2
    Apparently Zimmerman didn't have the "common sense" to diffuse the situation. This part I will agree with, he had in his mind, that this was a Black person and therefore "dangerous." Something is wrong with him and he shouldn't have been in that position. It's really sad that in this day and age Racial Bias still exist.
  • addie The Ele... 2012/04/13 16:12:00
    addie
    +1
    Racial bias is deep seeded in people, it will always exist. Oh, maybe not. lol
    It is more worrisome to me that the cops did not hold Zimmy even after his admitting to a crime.
    It is one thing to hold a bias, it is another to not be aware of it and instead let it control your actions.
    On court TV today they said they are not charging this as a hate crime because Zim did not use any racial slurs. If it turns out he just hates teenagers, I hope he gets away with a slap on the wrist. I'm kidding. I'm letting a bias show. lol
  • The Ele... addie 2012/04/14 21:02:51
    The Electrician
    +1
    Under the "SYG" Law, you only need a reasonable explanation, and NO witnesses, to declare self defense. I was extensively instructed on that particular point of the Law because I felt it was too one sided and I kept questioning the reasoning, especially since they can't arrest you or take the weapon away at that time. NO one came forward at that time to challenge Zimmerman's explanation, NO one actually saw anything happen at the moment that he shot Martin. ALL other circumstances are "null and void." Maybe Martin made a gesture to come at him or he felt that during the struggle Martin would get his hands on the gun and turn it on him. NO one but Zimmerman knows exactly what occurred at that moment except him and naturally he's going to say it was "self defense." We saw Casey Anthony and O.J. Simpson get away with it. I've known of some cases over the years with similar circumstances.
  • addie The Ele... 2012/04/15 08:45:57
    addie
    +2
    There is something counter intuitive about this "SYG" and very scary, or I just do not understand the law.

    But, It is not self defense if he shot the kid in the back and the witness, on the phone, told Zim, the cops were coming and to stop following the kid, but he kept going and going and going.

    I think I understand your concern when it comes to someone having to defend themselves, but that was not what went on here, even in Zimmerman's version, no matter what he wants to call it.

    We will find out what happened, I guess, but we almost did not have that chance because the cops...well...let's just say, were careless.
  • 2468 2012/04/12 17:43:19
    YES
    2468
    +4
    They are good for gun sales and caskets too.
    But for making us better off in general not so much.
  • JonDeniro 2012/04/12 17:42:35
    NO
    JonDeniro
    +2
    It is disgusting beyond description when anti-gun (and therefore anti-Constitution) dimwits use tragic news stories to "justify" their personal bias and agenda.
  • addie JonDeniro 2012/04/12 19:30:53
    addie
    +2
    I do not think of it as an anti gun law. I keep thinking of this stupid law they have in Canada (sorry Canadians) that basically says, it is okay to strike first and with deadly force, if you are pushed to lose your temper.
    If you could have left does not matter.

    Hopefully, to prove one was provoked, it is a very high standard. I only heard of this law after someone used it as a defense, successfully, in court.

    I know what you mean, I think, but you do not want to give people, who do not take responsibility for their own actions, a pass to kill.
  • JonDeniro addie 2012/04/17 15:13:10
    JonDeniro
    I can't claim any knowledge of Canadian self defense laws, however your info seems highly improbable to me from what I do know of Canada. Still, it is interesting. Thanks for sharing.

    As for your last comment. I agree with it as written however I don't see it as applicable to the fundamental right to self defense.
  • Augure3VI addie 2013/04/13 05:05:41
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