Self-Defense or Excessive Force?
by TChris
Note: Jeralyn also posts about this here.
If we can launch a preemptive strike against a country that has no weapons of mass destruction simply because (thanks to the administration's propaganda) we feel threatened, why shouldn't we be able to preemptively kill neighbors who seem like they might be threatening? A growing number of states are enacting self-defense laws that eliminate an already eroding common law principle that the use of deadly force in self-defense is permitted only after attempts to retreat from the dangerous situation have failed.
Supporters call them "stand your ground" laws. Opponents call them "shoot first" laws.
Many states have copied a Florida law that permits the use of deadly force, with no duty to retreat, by a person who reasonably believes the force is necessary to prevent great bodily harm or "the commission of a forcible felony." A fear of imminent harm is presumptively reasonable if deadly force is used against a person who forcefully enters the defending person's residence or car. Persons who use deadly force under those circumstances are immune from arrest and prosecution (and from civil liability).
The central innovation in the Florida law, said Anthony J. Sebok, a professor at Brooklyn Law School, is ... in expanding the right to shoot intruders who pose no threat to the occupant's safety.
"In effect," Professor Sebok said, "the law allows citizens to kill other citizens in defense of property."
Is property really more important than a human life? Many states -- mostly in the south, although the trend is spreading -- seem to think so. Adam Liptak's article explores one situation in which the use of near-deadly force was extreme and unwarranted.
"I was in T-shirt and shorts," Mr. Rosenbloom said, recalling the day he knocked on Mr. Allen's door. Mr. Allen, a retired Virginia police officer, had lodged a complaint with the local authorities, taking Mr. Rosenbloom to task for putting out eight bags of garbage, though local ordinances allow only six.
"I was no threat," Mr. Rosenbloom said. "I had no weapon."
The men exchanged heated words. "He closed the door and then opened the door," Mr. Rosenbloom said of Mr. Allen. "He had a gun. I turned around to put my hands up. He didn't even say a word, and he fired once into my stomach. I bent over, and he shot me in the chest."
Allen wasn't arrested. He claimed the shooting was justified because Rosenbloom had a foot in his door.
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