home

Stand Your Ground Law Infographic

The Florida Task Force on the state's Stand Your Ground law holds its first hearing today -- in a church. 56% of Floridians support Stand Your Ground laws. I support them as well. I don't understand why progressives have chosen this issue. Limiting any constitutional right is not progressive. It's reactionary.

Hopefully the hearing will not be about the Trayvon Martin shooting. Laws should not be enacted or changed in response to a singular event. George Zimmerman may well have been justified in shooting Trayvon Martin under standard self-defense principles. And if he wasn't, it's unlikely the Stand Your Ground law will provide him with immunity.

The Task Force is led by Florida Lt. Governor Jennifer Carroll. She says:

Even though the task force was created because of this case, it won't focus exclusively on this case.... I didn’t want the task force to be a trial of the Zimmerman-Martin case. This task force has to look at public safety and citizens’ rights,” said Carroll.

[More....]

This isn't the only issue with guns these days. Many states are moving towards "open carry" laws which allows people to display a gun in public. Oklahoma is the latest and they sound pretty excited about it

Happily, Colorado has a Make My Day law. For years, legislators have been trying to get a "Make My Day Better" law which would allow business owners to be covered the the law. It's already dead for this session. I think the most important thing is that people get training so they know how to use their firearm. As I wrote here when discussing the new season of the show "American Guns," training will help you lose your fear of guns, and you will become better equipped to know when to use it, and to use it effectively, in response to a burglary of your house or a rape attempt.

Could you get some huge dog that will ward off criminals? Yes, but how fair is to to the dog to leave it home alone all day while you go to work? And I don't want a dog.

Here is a cool Infographic showing which states have “Stand Your Ground” laws, which states have laws utilizing the “Castle Doctrine,” and which states have laws imposing a duty retreat when threatened. It also has statistics on firearm-related violence. The Infographic was compiled by Ready Holster of Salt Lake City.

So let's hear your thoughts on Stand Your Ground Laws-- but please don't devote much time to Trayvon Martin and George Zimmerman because they should be no more than a few grains of sand in the entire discussion.

< Can Bernanke Really Save Us? | Florida Vows To Fight For Voter Purge >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Gun violence. (5.00 / 2) (#1)
    by redwolf on Tue Jun 12, 2012 at 06:02:48 AM EST
    I don't have a lot to add to this topic beyond self defense is a human right anyone who opposes it is supporting oppression.  

    Before all the bsing starts about gun violence statistics consider this:  Japan has no civilian guns.  Their crime rate is extremely low.  Switzerland has a fully automatic gun in every house.  Their crime rate is extremely low.  Guns clearly don't cause crime and you can clearly have an almost crime free nation without regular people being armed.

    Very true red (none / 0) (#8)
    by Abdul Abulbul Amir on Tue Jun 12, 2012 at 07:06:11 AM EST
    .

    To address crime, the focus needs to be on the criminal rather than inanimate objects.

    .

    Parent

    Good point Redwolf-- (none / 0) (#145)
    by Doug1111 on Tue Jun 12, 2012 at 12:23:26 PM EST
    btw, I'm amazed that Virginia doesn't even have the Castle Doctrine.  How did that happen?

    I support Stand Your Ground laws in the form that Florida has it.  It seems a well balanced statute to me.

    Parent

    Maryland has a Stand Your Ground law, (none / 0) (#147)
    by Doug1111 on Tue Jun 12, 2012 at 12:26:29 PM EST
    while Virginia doesn't even have the Castle Doctrine but rather a duty to retreat.

    Again how the heck did that happen?

    Parent

    It is rather weird (2.00 / 1) (#149)
    by Slayersrezo on Tue Jun 12, 2012 at 12:37:29 PM EST
    But yet Virginia is a "shall issue" state for concealed carry and also is a shall issue state in practice for concealed carry whereas Maryland is a "May issue" state for concealed carry and in practice a "never issue" one.

    http://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States

    Luckily that's being challenged in court:
    http://en.wikipedia.org/wiki/Woollard_v_Sheridan

    The idiots want to treat a right as a privilege and on top of that they don't want to be held accountable for any mistakes they might make in the issuance of these things.

    Personally, I hope Maryland and Baltimore eventually become default "shall issue" states. The sky will not fall.

    Parent

    God how I long for an edit function (none / 0) (#150)
    by Slayersrezo on Tue Jun 12, 2012 at 12:48:16 PM EST
    Baltimore city is not a state.

    Parent
    I do not understand (5.00 / 2) (#2)
    by Leopold on Tue Jun 12, 2012 at 06:08:25 AM EST
    a non-evolving view of the Constitution in an evolving world.

    (not just on this issue).

    I don't understand why progressives have chosen this issue. Limiting any constitutional right is not progressive. It's reactionary.


    The constitution provides (none / 0) (#5)
    by lousy1 on Tue Jun 12, 2012 at 06:54:41 AM EST
    a mechanism for change. It purposely made that process difficult.

    To the extent that politicians or judges are allowed to wink at what they perceive as outdated, unfashionable or inconvenient portions of the constitution they weaken ALL of the protections and the assurance of continuity the constitution provides.

    What confuses me is a very large part of the left is willing to create rights - gay marriage , abortion ( both of which I support BTW) out of thin air. Legislative remedies have always existed and are preferable (albeit slower) than injecting politics into our pillars of governance.

    Citizens of this country stand by while the document is creatively interpreted as long as they agree with the results which sets a terrible precedence.

    They be prepared when, sometime in the future, judges with diametrically opposed biases interpret the constitution. In that case an issue which should be legislative is recast in a manner that excludes legislative remedies.

    What if a future court decided that abortions are inherently unconstitutional?

     

    Parent

    A comment out of thin air (4.00 / 3) (#42)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:28:16 AM EST
    Assuming your complaint is about "the left" opposing gun rights, it is in fact the individual gun right that was created out of thin air in the Heller decision.

    As for your last question, what if that? What exactly is your point?

    I find your penultimate paragraph amusing:

    "They be prepared when, sometime in the future, judges with diametrically opposed biases interpret the constitution. In that case an issue which should be legislative is recast in a manner that excludes legislative remedies."

    Golly gee, sometime in the future? Have you been watching the Roberts Court?

     

    Parent

    Agreed (none / 0) (#47)
    by ks on Tue Jun 12, 2012 at 09:37:48 AM EST
    The connection seems odd and strained at best.  The idea that reviewing Fla's SYG laws = limiting a constitutional right is dubious.

    Parent
    how would you like it to evolve and why? (none / 0) (#226)
    by TeresaInPa on Thu Jun 14, 2012 at 06:51:22 AM EST
    I used to think that the constitution should be amended to severely curtail gun ownership rights.  Then I realized that people in the cities shooting each other really was not the fault of people in rural areas and the people in rural areas didn't deserve to be punished.  Then I heard a plea from an elderly black man in Chicago who wanted the right to own a gun and used it for protection in his home.  He was tired of being victimized by punks with illegal guns.

    Parent
    We have lots of rights... (5.00 / 1) (#22)
    by kdog on Tue Jun 12, 2012 at 08:23:39 AM EST
    that can be tragically excercised...and thank goodness for that.  Because the alternative is far worse, a brand of "benevolent" tyranny ripe with over-criminalization with prisons bursting at the seams.  

    I think I'd file SYG as a right that can be tragic when excercised.  It would be more tragic to send people to prison for defending themselves.

    It is disappointing TalkLeft has. (5.00 / 1) (#28)
    by oculus on Tue Jun 12, 2012 at 08:56:48 AM EST
    become an unpaid spokesman for the NRA.  

    Talkleft has always been... (5.00 / 1) (#31)
    by kdog on Tue Jun 12, 2012 at 09:07:19 AM EST
    a stalwart defender of the 2nd amendment, since the blog was founded.

    Can't help but think that if everybody was more tolerant of inalienable rights, especially those they choose not to excercise themselves, what a wonderful world that would be.  

    Parent

    Which inalienable right (none / 0) (#32)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:08:20 AM EST
    are you referring to?

    Parent
    Several.... (none / 0) (#34)
    by kdog on Tue Jun 12, 2012 at 09:13:53 AM EST
    the inalienable rights to bear arms, to self-defense, to do drugs, to marry who you want, to travel freely...all that life, liberty and pursuit of happiness sh*t.

    Parent
    Dr. Wesley Snipes found (5.00 / 1) (#40)
    by oculus on Tue Jun 12, 2012 at 09:25:26 AM EST
    outfound out he does not have an inalienable right to not pay his federal income tax.

    Parent
    Inalienable is a clinical term (none / 0) (#51)
    by cboldt on Tue Jun 12, 2012 at 09:43:20 AM EST
    "Inalienable" doesn't mean something gets particularly strong legal protection.  Inalienable is an attribute that inevitably attaches to certain notions, and that attachment is independent of the law.

    An object is alienable if it can be sold, traded, or somehow transferred from one person to another.  Something that is inalienable can't be moved from one person to another - generally, they are attributes of our individual person or personality.

    Your life belongs to you.  You can not use it to animate a person who is dead.  And, unless you are a vampire, you can't use somebody else's life to extend your own.

    Self defense is similarly inalienable.  Not that you have to use it, but you can't take yours and give it to somebody else.  No big deal, they have their own.

    Society will inevitably combine into a force that is superior to that of any individual, and in the context of this thread, the question is where will society draw the line between legitimate use of force (e.g., self defense), and criminal use of force?

    This same balancing act plays out in non-force actions too.  See intentional infliction of emotional distress, anti-bullying laws, defamation, etc.  In each case, society tolerates some level of coarseness without assigning any penalty (or only the penalty of shame).

    Parent

    Self defense is sufficient, imo. (none / 0) (#58)
    by oculus on Tue Jun 12, 2012 at 09:48:19 AM EST
    I don't agree that (none / 0) (#60)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:50:44 AM EST
    Jefferson meant inalienable in the way you use the term.

    I believe he meant it in the Natural Law sense of the rights can not be taken away.

    It is a moral argument, not a legal one, in my opinion.

    Parent

    None of those rights are inalienable (none / 0) (#38)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:19:25 AM EST
    even under the most vapid formulations of Natural Law, except perhaps the right to travel freely.

    Even if you believed them all protected by the Constitution, the Constitution could be amended.

    You missed a couple though - the vaunted liberty of contract, where you can "agree" to have your children work 80 hours a week.

    Parent

    They've been alienated... (none / 0) (#55)
    by kdog on Tue Jun 12, 2012 at 09:45:39 AM EST
    to be sure, in error imo.

    I mean how can the right to eat/drink/smoke/snort/inject whatever the hell you want on this blue-green orb not be considered an inalienable right? Interstate commerce is weak f*ckin' tea.

    I see your point about child labor, but I think age of adulthood/consent covers that.  Minimum wage is one I struggle with too...I think it a wonderful idea, but see the argument where it can be considered an infringement of rights.  

    Parent

    Inalienable (none / 0) (#65)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:53:41 AM EST
    presumes, in the Jeffersonian concept (in my view) rights provided by God to people.

    But God has no enforcement mechanism on Earth.

    We are a Nation (and a world) governed by laws made by mankind.

    Parent

    And the nation that governs least... (none / 0) (#70)
    by kdog on Tue Jun 12, 2012 at 10:00:38 AM EST
    governs best.

    I would hope we're evolving as a species towards less laws, less governing, leading to a form of anarchy where each individual governs themselves.  That's the goal or should be the goal...granted we're still a long ways off.

    Parent

    That's not always true (none / 0) (#75)
    by Big Tent Democrat on Tue Jun 12, 2012 at 10:04:22 AM EST
    It certainly was not true when Hoover was President.

    It certainly was not true during the Lochner Era and before.

    Parent

    An easily disproved libertarian concept (none / 0) (#76)
    by Leopold on Tue Jun 12, 2012 at 10:05:28 AM EST
    And the nation that governs least... (none / 0) (#70)
    by kdog on Tue Jun 12, 2012 at 10:00:38 AM EST
    governs best.

    A nation that governs least demonstrably does NOT govern best FOR ALL.

    Parent

    If ours governed less... (none / 0) (#79)
    by kdog on Tue Jun 12, 2012 at 10:08:22 AM EST
    particularly in certain areas, no doubt my quality of life would be greatly improved.  The risks to my life and liberty greatly reduced.

    Parent
    Perhaps. But your comment supports my point. (5.00 / 1) (#82)
    by Leopold on Tue Jun 12, 2012 at 10:13:56 AM EST
    You are speaking only of YOUR quality of life, which is the libertarian mindset.

    In a libertarian worldview, the rights of the weak, oppressed, abused, underprivileged, discriminated against, and others in society are often less protected because of fewer laws and protections in society. Essentially, you are advocating a wild west, survival of the fittest, worldview. While I am sure that is not how you really feel towards people, that is in fact what libertarianism is.

    Parent

    Is the statist mindset not the same? (none / 0) (#92)
    by kdog on Tue Jun 12, 2012 at 10:30:42 AM EST
    In the statist worldview, only the state matters, only "society"...weak, oppressed, abused, underpriveleged individuals can be ground to pieces in the name of the state, in the name of the "greater good", which I find is often not so great and/or not so good.  

    It's how we end up with a prison population that is atop the world leader board...too much governing, not enough respect for the individual.

    Parent

    No, I would disagree about a 'statist' mindset. (4.00 / 1) (#95)
    by Leopold on Tue Jun 12, 2012 at 10:36:24 AM EST
    There is valuable, unoccupied space between libertarianism and statism.

    Parent
    I agree... (none / 0) (#108)
    by kdog on Tue Jun 12, 2012 at 10:52:25 AM EST
    I'm of the opinion we've tilted the scales too far towards statism, particularly in regards to civil liberty issues.  

    As I said above the human race is not ready for anarchy, hopefully one day we will evolve towards requiring no government at all to live and thrive.

    Parent

    I wonder if I should turn that around (none / 0) (#94)
    by Slayersrezo on Tue Jun 12, 2012 at 10:33:10 AM EST
    In point of fact, in a "progressive" world-view the "rights" of a dictator to kill, imprison, discriminate against, disenfranchise and otherwise make life miserable for class enemies is extolled, because allegedly resting all authority with the state is better.

    Strawman? Well, you pulled a "straw libertarian", so turnabout is fair play.

    Survival of the fittest, by the way, would be anarchy if you take the idea literally because one would have to fight for everything one has.

    Of course all the phrase really means is "survival is more likely for those best adapted fit for a given environment which can physical or social or political" so really you could probably apply that phrase to just about any economic or political system.

    I don't think either libertarianism as we know or progressivism are entirely wrong, because they both speak to and exclude different aspects of human nature. Some compromise between the two is probably best.

    Parent

    Yes. But the focus has (none / 0) (#37)
    by oculus on Tue Jun 12, 2012 at 09:17:28 AM EST
    narrowed.

    Parent
    shorter occulus (2.00 / 2) (#85)
    by Slayersrezo on Tue Jun 12, 2012 at 10:18:40 AM EST
    WAAAAAAAAAAAAAAAAAAAAH!!

    Parent
    you really (none / 0) (#99)
    by NYShooter on Tue Jun 12, 2012 at 10:40:50 AM EST
    don't appreciate the irony of this?

    Parent
    There is no irony (none / 0) (#104)
    by Slayersrezo on Tue Jun 12, 2012 at 10:47:12 AM EST
    Pretty much all the Big Names (with very few exceptions) of Constitutional Law who have weighed in on this subject over the past 20 years believe there is an individual right.
    Talkleft generally supports individual rights, esp of criminal defendants.

    Parent
    we don't need to mock (none / 0) (#146)
    by Jeralyn on Tue Jun 12, 2012 at 12:23:59 PM EST
    other commenters views. I've responded to Occulus's claim.

    Parent
    My views on gun ownership (5.00 / 2) (#49)
    by sj on Tue Jun 12, 2012 at 09:39:52 AM EST
    are pretty simplistic (get automatic weapons out of the hands of civilians and back off on the paramilitary arming of the police) so I almost never comment on these threads.

    But I always wonder why, when quoting the 2nd amendment to justify gun ownership, no one talks about the how well regulated is the militia to which they belong.

    Not only the regulation part (5.00 / 3) (#69)
    by vicndabx on Tue Jun 12, 2012 at 10:00:14 AM EST
    It's obvious to anyone that wants to believe it that the regulated militia was needed because the framers were worried about conflict w/foreign powers in the absence of a standing army.  We did just only recently gained independence.

    I would submit our current armed forces is what the framers had in mind, not a rag tag bunch of armed citizens.

    That said, if you want to own a firearm, that shouldn't be problem either, as long as the ownership process is regluated and governed by the laws of the state.

    Using the consitution to bolster the argument however seems to me to be, willful ignorance.

    Parent

    And I'm wondering why (none / 0) (#111)
    by Slayersrezo on Tue Jun 12, 2012 at 11:02:58 AM EST
    In the Second Amendment and ONLY in the Second Amendment the phrase "the people" is not supposed to mean individuals.


    Parent
    I'm a militia of one... (none / 0) (#56)
    by kdog on Tue Jun 12, 2012 at 09:48:03 AM EST
    a well regulated militia of one, albeit a baseball bat militia of one;)

    Parent
    Oh, well... (5.00 / 1) (#61)
    by sj on Tue Jun 12, 2012 at 09:50:51 AM EST
    ... if you're regulated ... :)

    Parent
    Far too simplistic, in my view. (none / 0) (#129)
    by sarcastic unnamed one on Tue Jun 12, 2012 at 11:34:52 AM EST
    Civilians may not own automatic weapons. It sounds like you do not know that.

    (OK, except pre-1986 vintage guns that, due to their scarcity, sell for insane prices and therefor are usually not used by "common criminals.")

    Parent

    I misspoke (none / 0) (#156)
    by sj on Tue Jun 12, 2012 at 02:40:41 PM EST
    I meant assault weapons.  But the two sentences sum it up for me overall.

    Like I said, I rarely comment on these threads because I don't want to get caught up on others' religion when it comes to guns.  It's as much of a trap is getting caught up in religion when comes to God.

    Parent

    Well, on the one hand "assault weapons" (none / 0) (#186)
    by sarcastic unnamed one on Wed Jun 13, 2012 at 12:42:09 AM EST
    is as made up a phrase as is "big momma."

    For example my mom was only 5'-3", but she was our "big momma" no matter how tall or strong any of her 4 boys grew.

    And on the other hand, imo, you are smart to only rarely comment on these threads because there are facts involved regarding the issues and you don't seem to have a good grasp of what they are.

    This is not a slam to you, fwiw.

    For example I rarely comment on the TM/GZ threads that are consumed with second-by-second, inch-by-inch reconstructions of scenarios of what might have happened.

    Just not my bag to get so deep in the details of that issue, just as it's not your's to get so deep into this issue.

    No biggie, we all pick and choose our issues.

    Parent

    There is lots of short hand (5.00 / 0) (#191)
    by sj on Wed Jun 13, 2012 at 06:51:41 AM EST
    used when discussion an issue.  You may consider it a made up phrase.  Maybe it is.  But the usage described here works for me.

    Parent
    discussion an issue? (none / 0) (#196)
    by sj on Wed Jun 13, 2012 at 07:54:19 AM EST
    I mean discussing an issue.  Next time I'll put my glasses on when I'm typing.

    Parent
    Are you disagreeing? It's hard to tell... (none / 0) (#207)
    by sarcastic unnamed one on Wed Jun 13, 2012 at 10:35:02 AM EST
    From your own link:
    The Federal Assault Weapons Ban (AWB) (or Public Safety and Recreational Firearms Use Protection Act) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law in the United States that included a prohibition on the manufacture for civilian use of certain semi-automatic firearms, so called "assault weapons".
    Assault weapon (semi-automatic) refers primarily (but not exclusively) to firearms that possess the cosmetics of an assault rifle(which are fully-automatic).
    That is what I mean by a "made up phrase."

    All that really is beside the point though, that automatic weapons are already essentially illegal in the US is the point.

    And, as a side note, there is a big difference between automatic weapons and semi-automatic weapons, it's like the difference between lighting and lighting bugs.

    But, again, not every issue is so interesting to each one of us that we all care to dig into all the details of the issue, and I include myself in that.

    Parent

    And this is why I avoid (5.00 / 0) (#208)
    by sj on Wed Jun 13, 2012 at 10:42:02 AM EST
    these types of threads.  It gets caught up in arguments over these types of details while intent is completely ignored.

    My fault.  I'm leaving now.

    Parent

    Perhaps moreso than some other issues.

    fwiw, my intent was expressly not to argue but rather to explain, my appologies that I came across as arguing.

    Parent

    To you, perhaps, not to me (5.00 / 0) (#211)
    by sj on Wed Jun 13, 2012 at 10:53:11 AM EST
    Yes, details are pretty important in this issue
    To me, the overall intention was more important.  I think you could have discerned my intent if you were not so attuned to the details and ready to ... spring, I guess.  

    I'm not offended.  It's what I've come to expect and I should have known better than to show up.  I'll just quote myself:

    Like I said, I rarely comment on these threads because I don't want to get caught up on others' religion when it comes to guns.  It's as much of a trap is getting caught up in religion when comes to God.
    You're too invested in the strictures of your religion to back up and look at it agnostically. :)

    Parent
    Sicut erat in principio, et nunc, et semper, et in saecula saeculorum. Amen.

    Parent
    Apparently I thought (5.00 / 1) (#222)
    by sj on Wed Jun 13, 2012 at 03:54:19 PM EST
    that was doubly amusing

    Parent
    Ha! (none / 0) (#214)
    by sj on Wed Jun 13, 2012 at 12:12:21 PM EST
    Ha! (none / 0) (#215)
    by sj on Wed Jun 13, 2012 at 12:12:39 PM EST
    Are You Equating... (5.00 / 1) (#52)
    by ScottW714 on Tue Jun 12, 2012 at 09:43:54 AM EST
    ...everyday life with WWII ?  

    And for the record, I was in the Navy and I am a Veteran of a war.

    But more importantly, this is exactly why these laws are bad news, without SYG laws, the little boys won't get any silly notions of wearing big boy pants and running their mouths.

    I am Lost on this One (5.00 / 2) (#97)
    by kidman1 on Tue Jun 12, 2012 at 10:38:12 AM EST
    "I support them as well. I don't understand why progressives have chosen this issue. Limiting any constitutional right is not progressive. It's reactionary."

    You really do not understand why liberals (a word that I am proud to say and still with a heart that bleeds) are opposed to a world as envisioned by the NRA and a highly political group trained by the Federalist Society of Justices on the Supreme Court made a flawed decision.

    You actually feel that a country of people armed to the teeth with all types of military styled weapons that can shoot someone and not even go through a normal judicial process to determine self defense, but use a civil type procedure of the preponderance of the evidence is fine for the rights of people. One of the northern states of either Minn. or Wisconsin has created a castle type law and that with e exception of emergency medical personnel, they could shoot and kill police officers and firefighters breaking into their house in order to help with an emergency. Is this really the type of government of people that you would like to see???

    kidman (none / 0) (#123)
    by Slayersrezo on Tue Jun 12, 2012 at 11:24:29 AM EST
    There are over 100 million known firearms in the USA alone.

    There are surprisingly few deaths given the propensity you and others on this thread seem to attribute to your fellow Americans to take fist fights and escalate them into the OK Corral.

    Your arguments SOUND rational, but they are based on fear , and the fear isn't based on any meaningful facts.
    Fact is, you have a very miniscule danger of gun death if you don't chose to commit suicide and you aren't a criminal.

    Over the 200 plus years that Americans have used firearms I think the've proved they can be used responsibly.

    Parent

    actually think (5.00 / 2) (#132)
    by kidman1 on Tue Jun 12, 2012 at 11:39:07 AM EST
    that your underlying argument is based on fear. People should be afraid in their own homes and arm themselves to the teeth to fight off the intruders that are waiting to come in every minute of the day. Thanks you Cheney for your doctrine of torture to prevent things that do not happen.

    Parent
    Maybe it comes from living in Baltimore (5.00 / 1) (#139)
    by Slayersrezo on Tue Jun 12, 2012 at 11:56:06 AM EST
    ...
    where I've been randomly assaulted 3 times and mugged once -and the mugging happened less than 3 complete blocks away from the main police station in Baltimore city. The mugging, by the way , involved a firearm, almost certainly illegally possessed. Baltimore city, by the way that has one of the highest murder and crime rates in the country but where the law-abiding can't carry tasers or even pepper spray, let alone a gun.

    Maybe it comes from knowing that no matter how negligent they are the police can NEVER be held responsible for not protecting you, even as they can be empowered to arrest you simply for possessing said tasers or pepper spray.

    Perhaps it comes from seeing the Constitution constantly twisted by some people on this issue.

    Who knows?
    What I do know is that I don't live in your world where people don't have to defend themselves, and here's my point:

    If the police or authorities want to ban weapons for self-protection, I hold them responsible for my self-protection. If they cannot, or will not take responsibility for it, then it is mere tyranny to take the power out of my hands.

    Parent

    Heh (none / 0) (#179)
    by MyLeftMind on Tue Jun 12, 2012 at 10:47:23 PM EST
    You're welcome to live your life unarmed and fear-free. Let's hope you never need that defensive weapon you've soundly rejected...

    Parent
    Stop Please (5.00 / 3) (#152)
    by ScottW714 on Tue Jun 12, 2012 at 01:24:26 PM EST
    I don't understand why progressives have chosen this issue. Limiting any constitutional right is not progressive. It's reactionary.

    First off, everyone has already narrowed that Amendment from 'arms' to mean 'guns'.  So unless you are conceding we all have the right to own tanks and missiles you have done plenty of limiting yourself, which by your definition would also make you a reactionary.

    Those kinds of words are not needed, that Amendment has been narrowed down by people on all side of the debate to a very selective group of arms.  And not by reactionaries, by people who realize that the right is no more important, maybe even less important then other people's inalienable rights such as life and liberty.  And people possessing certain types of armaments would certainly impede that right.

    I don't like this notion that anything to do with guns is Second Amendment territory.  I don't see anything about any right to stand your ground in the Constitution.  Claiming that I am a reactionary because I don't concur with you conclusions is cheap, and claiming the Second Amendment some how applies to SYG is disingenuous at best.  It doesn't, quit high jacking the Constitution for your cause and calling people who disagree reactionaries.  I expect as much from the other side, it's their MO.

    If you agree with SYG say so, but don't hide behind a non-existent right.  If it's something the majority of people like and want, state that.  Great, you support SYG, awesome.  And if your facts and figures are any representation of the voting populous you will get your laws.  Just stop wrapping it up in the Constitution and calling descending views reactionaries.

    And I would add self to defense to this argument, although I agree, it's not in the Constitution and claiming it is simply being disingenuous and putting their wants and needs above decency.  The argument, much like SYG, doesn't need the faux Constitutional cloak to get support.  Either the majority agrees, or they don't, but smoke and mirrors is no way to push your agenda IMO.

    One last note, none of these laws actually specify guns, lethal force and bodily harm, but not gun specific, that is just the assumption by the people who want it to be about Constitutional rights, no ?

    Right on (5.00 / 1) (#174)
    by Lora on Tue Jun 12, 2012 at 09:53:28 PM EST
    Agree, agree, and agree.

    Where's my right to a grenade launcher?

    But seriously, what about some of these so-called less-than-lethal weapons the cops are so fond of (ab)using these days?  How about a can of pepper spray or a taser for self-defense?  OR for stand-your-ground.  Might be a good way to reduce the number of accidental gun deaths, gun homicides and gun suicides that take place in the home, if homes had fewer of those deadly weapons lying about and people were willing to make a substitute.

    NOT that I think there oughtta be a law, I don't.  Just sayin'.  It would be a worthy cause, IMO, to find some creative ways to reduce wrongful (note the word WRONGFUL) deaths by gunfire in this country.

    And let's get rid of cute names for laws that allow for inflicting death on others.  No more Clint Eastwood chewing on his cig and bein' all squinty-eyed and such.  Much as I love him, I don't want a law that permits killing real people named after a character that kills in the movies.

    Parent

    Amen, sister. (5.00 / 1) (#175)
    by Angel on Tue Jun 12, 2012 at 10:01:27 PM EST
    The Own a Nuke Argument (5.00 / 1) (#239)
    by Cylinder on Thu Jun 14, 2012 at 02:55:27 PM EST
    First off, everyone has already narrowed that Amendment from 'arms' to mean 'guns'.  So unless you are conceding we all have the right to own tanks and missiles you have done plenty of limiting yourself, which by your definition would also make you a reactionary.

    We have no clearly-defined right to keep or bear guns. I don't believe that it exists or can be easily argued from intent. At the time of the framing, ownership of guns was a collective practice.

    Of course, gun today is most often used as a slang word. At the time of the framing that particular word would have meant a fixed piece of artillery - like would have been found aboard ship or in fortifications.. That use survives to this day in our uniformed military. The USS Arizona carried 14-inch guns. When Gregory Peck carried out his secret mission to destroy The Guns of Navarone he wasn't out to damage the bar spring in some Luger P-08s.

    What was protected is the right to keep and bear arms. The meaning of this word as well, really hasn't changed much to this day, though we tend to use the compound word firearm. Many of my shooting buddies take great pleasure at mocking my aversion to the use of the word gun.

    Of course, I could just be making this up, so how do we know?

    If you read through Revolutionary musters at that time or a township muster at the beginning of the 19th century, you'd plainly see that crew-served weapons and individual arms were routinely counted separately.

    The Articles of Confederation, Article 6 provides a good example:

    No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of Field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.

    Emphasis is mine. Arms and artillery were not the same thing. Let's look at the First Militia Act circa 1792:

    That it shall be the duty of the brigade inspector, to attend the regimental and battalion meeting of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements; superintend their exercise and maneuvres and introduce the system of military discipline before described, throughout the brigade, agreeable to law, and such orders as they shall from time to time receive from the commander in Chief of the State; to make returns to the adjutant general of the state at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrement, and ammunition, of the several corps, and every other thing which, in his judgment, may relate to their government and general advancement of good order and military disciple; an adjutant general shall make a return of all militia of the state, to the Commander in Chief of the said state, and a duplicate of the same to the president of the United States.

    And whereas sundry corps of artillery, cavalry and infantry now exist in several of the said states, which by the laws, customs, or usages thereof, have not been incorporated with, or subject to the general regulation of the militia.

    See how that works? I know they include infantry in the separate enumeration, but - IMO - one can still glimpse the presumption.

    I know you're not arguing from this point, but the founders weren't cave men - using pointy sticks and guttural sounds. They were men who were trained in the art of warfare and in many instances tempered by a bitter war and everyday survival in frontier areas. Many would have been familiar with missile attacks - though they lacked guidance systems so we have to call them rockets. They understood the language of the craft and they chose arms.

    I try to be a reasonable restriction guy, I really do, but it begins to seem like the lush at the bar - just one more drink and I'm done.

    Parent

    That was really interesting (5.00 / 1) (#240)
    by NYShooter on Thu Jun 14, 2012 at 03:04:44 PM EST
    thanks, Cylinder

    Parent
    excellent (none / 0) (#242)
    by Tov on Thu Jun 14, 2012 at 11:44:01 PM EST
    bravo (none / 0) (#241)
    by Tov on Thu Jun 14, 2012 at 11:42:28 PM EST
    I don't think opposing the FL SYG law (5.00 / 1) (#158)
    by ruffian on Tue Jun 12, 2012 at 03:00:38 PM EST
    is at all inconsistent with supporting basic gun rights. I think a self defense plea should be avaailbable to all, and used in a jury trial.

    What I don't believe is the FL SYG law, which makes the police do the work of a jury and determine whether the self defense plea is valid and the shooter is immune from arrest.

    Possibility of no trial anywhere (none / 0) (#161)
    by cboldt on Tue Jun 12, 2012 at 03:34:26 PM EST
    Correct me if I'm wrong on this, the situation you assign to FL SYG, and maybe to SYG/Immunity in general, is the possibility of a killing being found justified without resort to being charged with a crime and subsequently tried.

    I believe that possibility exists in all 50 states, even those that have duty to retreat in combination with absence of statutory immunity.  A grand jury and an prosecutor have an ethical duty to forebear charging when the case can't be won, and that determination is an issue of sufficiency of the evidence; plus due consideration for a killer's potential assertion (maybe made to police) of self defense.

    On reading your point again, I see you may be assigning "arrest" and not "criminal charge" as routine, except in states with statutory immunity.
    Same point as above pertaining to a grand jury and prosecutor, but now looking at the power of the police.  I know of no state where 100% of killings result in arrest.  The police are required to have probable cause the killing was unlawful in order to justify an arrest; and that too is a fact-specific determination.

    Parent

    I don't disagree that there is and should be (none / 0) (#173)
    by ruffian on Tue Jun 12, 2012 at 08:12:06 PM EST
    discretion used in who is arrested, charged, etc.  I don't understand though why a new law had to be enacted in 2005 if it is no more than traditional self defense.

    I'll listen to and hopefully learn from the discussions.

    Parent

    Compare before and after (none / 0) (#190)
    by cboldt on Wed Jun 13, 2012 at 06:26:32 AM EST
    -- I don't understand though why a new law had to be enacted in 2005 if it is no more than traditional self defense. --

    The new law has a number of provisions that amount to change, and analysis should look at each change separately.

    In a fact pattern where the deadly force is legally justified, should the person who resorted to use of force in self defense have a statutory protection against an overzealous police department? prosecutor?  What about against a litigant in civil court?

    If you say "yes," then you admit a justification for changing the law.  That doesn't fully resolve the debate, as if you say "yes," then what form should the protection take?  A right to sue back, or some form of immunity?

    Another change was codification of a castle doctrine (no duty to retreat to a safe part of your home before using deadly force against an unlawful intruder - presumption the force was justified if the intruded is an unlawful intruder, and I'd think THIS provision is not free of contention, see intrusions by drunk kids where no harm is intended and kid is killed).

    Another change was adding no duty to retreat from your position in a public space.  If you are assaulted in a public space, you may fight back.  Without the law, if you are assaulted in a public space, and can flee, you must flee.

    Anyway, I'm certain that 95% or more of the objections to FL's statutory scheme are based on misunderstanding of the law.  The rock bottom justification for use of force remains unchanged - there must be a reasonable apprehension of unlawful contact in order to justify any force at all; and the use of deadly force requires one be in reasonable fear of serious injury or death.  The law punishes escalation of force.

    Parent

    Thank you cboldt (none / 0) (#202)
    by ruffian on Wed Jun 13, 2012 at 08:53:43 AM EST
    You do a good job of explaining it.

    It seems to me the immunity from lawsuits is a primary driver for the change to the law. It seems geared to preventing the 'he broke into my house and I shot him, and now he is suing me' type situations.

    Many disagree about the justifiability of shooting someone that is stealing your jewelry and not hurting you. If not a crime to shoot him, maybe I would still like the guy to be able to bring a lawsuit.

    Parent

    Down in the details (none / 0) (#206)
    by cboldt on Wed Jun 13, 2012 at 10:25:20 AM EST
    -- Many disagree about the justifiability of shooting someone that is stealing your jewelry and not hurting you. If not a crime to shoot him, maybe I would still like the guy to be able to bring a lawsuit. --

    That varies state by state.  In Texas, from what I understand, it is legal for a civilian to use deadly force to prevent the theft of property.

    The way Florida handles the point you express concern about, by granting a presumption.

    A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another ... if: The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence ...

    I think your suggestion to make a use of force non-criminal, on the one hand, and simultaneously subject to civil liability, sends a mixed signal.  Is the act wrong, or justified?  You are talking about the use of deadly force, so, in my opinion, the law should be very clear and very consistent about when this is justified, and when it is not.

    I share your concern if there was a blanket grant of a finding of fear of serious injury or death.  While I hold that a man's home is his castle, and that a man has the right to use force to resist unlawful entry to his castle, a man should be very reluctant to use deadly force.  Reasonable fear of your own death or serious injury (or of another) based on the unlawful acts of another should ALWAYS be required, and absent evidence of that, I would not find the use of deadly force justified.

    That said, I think the presumption in FL law can be overcome.  What happens is the burden shifts to the state, to show that the shooter (or baseball batter, or knifer) did NOT have a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another.

    Parent

    I don't think it's reactionary at all (5.00 / 2) (#164)
    by amateur on Tue Jun 12, 2012 at 04:53:58 PM EST
    to oppose a law that appears to:

    1. Not take into account any notion of public safety.  By essentially sanctioning public shootouts, bystander deaths are more likely.  (And in Florida, have already occurred with both shooters claiming, but not getting, SYG protection.) In cases where the shooter is denied SYG protection, it's very possible that knowledge of the immunity provided by it was still a factor in their decision to use deadly force.  

    2. Up the ante for conflicts that could otherwise have been resolved without deadly force.

    3. Give more leeway to untrained citizens to use deadly force than to trained professional law enforcement officers. Remember that SYG in Florida allows deadly force for property crimes.

    I fully support self defense and gun ownership.  My state has a SYG law but without the automatic immunity that seems to be hemming in Florida law enforcement, and it hasn't been an issue for us as of yet.  Enough tragic and questionable cases have come up in Florida since the passing of their law that make me think something is seriously wrong with it.  (ex. Brandon Baker, guy who shot the drunk kid in his yard, guy who chased a car stereo thief and killed him, etc...) I've not been able to find any motivator for this law in Florida -- why was it needed over and above the existing statutes?  And from what I can tell other states just copy catted from them also without obvious legitimate motivation. A state should value the lives of all of its citizens, not just the ones who carry a gun.  From where I sit, Florida's law looks like it solves nothing but is costing a lot and degrading the quality of life of its citizens.  Opposing such pointlessness isn't reactionary.

    Legislature's rationale (none / 0) (#168)
    by cboldt on Tue Jun 12, 2012 at 06:04:16 PM EST
    -- I've not been able to find any motivator for this law in Florida -- why was it needed over and above the existing statutes? --

    Te general sense was that if your actions in use of force are justified, the law should not be used to force you to cough up your net worth to civil litigants, years of your life to an over-zealous prosecutor, or combination of both.  There had been a number of high profile justified shootings (e.g., subject of armed robbery shoots back, thereby creating a victim) where the robber/victim won money damages from the shooter.

    Short of a legislated barrier, the doors to civil court are always open.

    It appears that some people think that anybody who uses force should be subjected to a criminal trial, and also held to account for civil damages.  "The user of force can justify their actions during the trials," goes the argument.


    Parent

    General senses not always based on evidence (none / 0) (#170)
    by amateur on Tue Jun 12, 2012 at 07:04:27 PM EST
    Te general sense was that if your actions in use of force are justified, the law should not be used to force you to cough up your net worth to civil litigants, years of your life to an over-zealous prosecutor, or combination of both.  There had been a number of high profile justified shootings (e.g., subject of armed robbery shoots back, thereby creating a victim) where the robber/victim won money damages from the shooter.

    Yeah only I'm not finding any specific cases.  The only one I can find is the single case cited by the NRA when pushing for the law.  In that case the shooter was not arrested or charged, but the complaint was that he had to endure months of uncertainty as to whether he would be charged.  Call me old fashioned, but if human life has value then taking one is a heavy matter, justified or otherwise.  That man, btw, was in his trailer when he shot an intruder, so SYG wouldn't have changed anything for him.

    If there were other cases they are not easy to find, which leads me to believe there was not a rash of unjust prosecutions in the state of Florida that would require the legislature to pass SYG over the objections of law enforcement.  So I'm back to my original assessment -- I know who these laws hurt, I've yet to see who they help.  It's not the shooter, because in every case I've seen their lives fall apart regardless of whether they are prosecuted or sued.

    Parent

    Depends on what you mean by "SYG" (none / 0) (#189)
    by cboldt on Wed Jun 13, 2012 at 05:31:54 AM EST
    --That man, btw, was in his trailer when he shot an intruder, so SYG wouldn't have changed anything for him. --

    Assigning application of the SYG law depends on how one defines "SYG."  The common vernacular, these days, is that SYG stands for availability of an immunity hearing (or, reading some posts here, absence of arrest (or absence of a charge) in every single incident involving use of force); the possibility of immunity from civil claims; AND the absence of a duty to retreat.

    In Florida, a person shooting in his home (or car) can still obtain the application of immunity, so common vernacular has them taking the benefit of the SYG law.  Others will say that the law being applied is Castle Doctrine, shorthand for absence of duty to retreat when in one's own home.

    In the case you cite, was the man sued in civil court?  If so, the SYG law would have helped him.  The time interval of uncertainty hasn't necessarily improved with SYG, see Zimmerman, Marissa Alexander, Wyche, etc.

    Slight aside, but on the topic of where the justification line ought to be drawn; some jurisdictions impose a duty to retreat even in ones own home, as a condition for being legally justified in resort to the heavy step of using deadly force and risking killing somebody.

    -- which leads me to believe there was not a rash of unjust prosecutions in the state of Florida that would require the legislature to pass SYG over the objections of law enforcement. --

    I don't think you are missing anything there.  The issue was being bound to defend a civil suit after being no billed or otherwise being found to have acted clear of criminal.  Not that there was a rash of imprudent prosecutors, rather, there is never a shortage of greedy trial lawyers telling families how they can recover money damages.   It just happened that the law passed covered both risk of criminal and civil liability, not that overzealous prosecutors was the primary motivator for the law.

    -- I know who these laws hurt, I've yet to see who they help.  It's not the shooter, because in every case I've seen their lives fall apart regardless of whether they are prosecuted or sued. --

    Oh.  Okay then.  Have a nice day.

    Parent

    I'm speaking specifically (none / 0) (#209)
    by amateur on Wed Jun 13, 2012 at 10:44:26 AM EST
    of the changes to Florida law that expanded the Castle Doctrine outside of one's home and provided for immunity from arrest and civil action.  What is called SYG in other states may be similar but lack one of those elements or provide procedures for more review. I am more concerned about the expansion of the Castle Doctrine into the public space than I am about the immunity, but the two taken together, IMO, create an environment ripe for disaster.

    In the case that was cited there is no mention of the man being sued.

    Parent

    Why all or nothing? (5.00 / 2) (#177)
    by Lora on Tue Jun 12, 2012 at 10:15:01 PM EST
    What's wrong with some controls over weapons?  We control a bunch of things -- like speed limits for example.  The argument for not regulating or banning certain types of very dangerous firearms seems analogous to saying there should be no speed limits on the roads.

    If you assume the right to bear arms includes individual firearms, and IF (please note I said IF) it can be shown that cetain types of weapons are more likely to cause wrongful (not meant as a legal term, just as a description) deaths than others, how is limiting certain weapons a threat to the second amendment?

    As I said in an earlier post, what about my grenade launcher?  

    And what about my taser?  I want one, for self-defense, and to stand my ground, not to mention Make My Day.  Is it legal?  It should be.  If fully automatic assault weapons are permitted, then I want my taser.

    And what about brass knuckles and switchblades?  They should be just as legal as the aforementioned assault weapons.  Right, 2nd amendment "progressives?"

    Tasers (none / 0) (#195)
    by jbindc on Wed Jun 13, 2012 at 07:51:53 AM EST
    Are legal in Virginia. You can even have them shipped to your front door.

    And I have to admit, while I hate guns, I seriously thought about getting a taser to keep in the house when I lived by myself.  I didn't, because I realized that the apartment I was living in seemed to have enough protections and I was geographically far enough removed from where a potential criminal would come into the building, that my baseball bat next to the bed would suffice.

    Parent

    Good to know (none / 0) (#219)
    by Lora on Wed Jun 13, 2012 at 02:46:51 PM EST
    I would rather fire a taser than a gun in self-defense, but I would use it under the same cercumstances as a gun (due to its occasional lethal effect).

    Parent
    For the record (4.40 / 5) (#7)
    by Big Tent Democrat on Tue Jun 12, 2012 at 07:03:40 AM EST
    It ids my view that a blind adherence to "individual rights," especially ones that do not really exist, Heller is a travesty of Constitutional interpretation, is reactionary.

    Progressive thought has never followed this road.

    You can hold any opinion you like of course, but there is no need to think your view is the progressive one on this issue simply because you are "pro individual gun rights."

    The Lochner Court was "pro-individual rights" and no one could imagine that beings described as professing "the progressive view."

    My last word.

    If you don;t like Heller ... (5.00 / 1) (#14)
    by cboldt on Tue Jun 12, 2012 at 07:24:09 AM EST
    If the Heller decision bothers your sense of constitutionality, the Miller and Presser decisions must be even worse.

    In Miller, the Supreme Court held that a tax on an particular type of firearm is unconstitutional if the firearm "is any part of the ordinary military equipment or ... its use could contribute to the common defense."  It remanded the case for a finding as to whether or not a short barrel shotgun fit that description.

    In Presser, the Supreme Court held that a parade permit law doesn't infringe the 2nd amendment.  In other words, that a group doesn't obtain a parade permit waiver as a matter of con law, if they carry guns during the parade.  In dicta, it said " the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government."

    Federal District Courts and Circuit Courts of Appeal have chronically misread these two cases for the opposite of what they actually say.  Scalia compounded the chronic misreading of Miller, in the Heller decision, finding that an unconstitutional prohibition (or tax) becomes constitutional by dint of being long-standing.

    Parent

    Agreed (3.00 / 2) (#11)
    by Abdul Abulbul Amir on Tue Jun 12, 2012 at 07:16:30 AM EST
    .

    You stated it fairly clearly.  The progressive view is that the individual is a subject of the state.  

    Incidentally it seems that the progressive view holds that most anything that makes the individual more dependent on the state is a good thing.  

    Effective self defense bad.
    Single payer good.

    .

    Parent

    And you distort it clearly (5.00 / 2) (#18)
    by Yman on Tue Jun 12, 2012 at 07:52:00 AM EST
    You stated it fairly clearly.  The progressive view is that the individual is a subject of the state.  

    Incidentally it seems that the progressive view holds that most anything that makes the individual more dependent on the state is a good thing.



    Parent
    Your example (3.00 / 2) (#26)
    by Abdul Abulbul Amir on Tue Jun 12, 2012 at 08:39:58 AM EST

    Your counterexample of progressive opposition to more state dependency is....?  Or perhaps examples of progressive support for programs that reduce dependency on the state.

    Parent
    The factual view is (4.00 / 3) (#13)
    by Big Tent Democrat on Tue Jun 12, 2012 at 07:23:29 AM EST
    that the citizen is subject of the state.

    How precisely do you think laws apply to individuals?

    Explain it in natural law terms if you must.

    Parent

    "the citizen is subject of the state" (none / 0) (#33)
    by BTAL on Tue Jun 12, 2012 at 09:11:34 AM EST
    Wow.

    Parent
    Wow what? (4.00 / 3) (#36)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:16:37 AM EST
    Is reality to difficult for you to accept?

    The laws apply to individuals.

    Were you not aware of that?

    The LEGITIMACY of the state is perhaps the part that confuses you.

    It requires consent of the governed. The collective consent, not individual consent.

    You do know that you do not get to pick and choose which laws you abide by right?

    For example, I opposed the Iraq War, but I still had to pay my taxes that helped fund that war.

    These threads surely do produce inanity.

    Parent

    There is a balance (none / 0) (#45)
    by cboldt on Tue Jun 12, 2012 at 09:32:36 AM EST
    -- The laws apply to individuals. --

    Some apply to the state.  The US constitution, for example, purports to restrain the federal government in various ways.  And in FL, 776.032 prohibits the state from arresting, detaining and prosecuting a person whose use of force was justified.

    Just saying, not all laws restrain individuals.  The most fundamental organic law aims to describe (and limit) the scope of state authority.

    Even in the jungle there is some form of law.  Primitive tribes have laws too.  It's part of human nature to use force to regulate the use of force; and a group of people with common rules has force superiority over an errant individual.

    Back to the topic of use of force by non-state actors, a line between legal and illegal is always struck there.  It is inevitable that some humans will use force before the state actors appear, and then there has to be a decision or a series of them.

    I notice that the anti-SYG side chronically misstates the law as enabling force escalation, or a right to start a fist fight then kill your victim.  It will be interesting to watch how widespread the misconceptions become accepted wisdom.

    Parent

    That is not responsive to my point (5.00 / 2) (#46)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:37:34 AM EST
    The Constitution is the framework document of our federal government and it contains certain limitations on both the federal and state governments, but it can be amended.

    But even as is, the individual is subject to the federal government created by the Constitution and by the state governments that existed and exist today.

    For example any state can eliminate SYG, including Florida.

    And once the state does so, the individual is subject to that.

    Even if the individual disagrees.

    My point remains unmarred - individuals are subject to the state.

    This is basic stuff.

    Parent

    Your point is trivial (5.00 / 1) (#63)
    by cboldt on Tue Jun 12, 2012 at 09:52:34 AM EST
    I believe you understand the objection your opponent in argument has, and that is over the balance between individual rights against the state (which I know you recognize a number of these) and state powers over the individual.

    The balance is not all the way one way or the other.  That the state has force superiority over the individual is not a contentious point.  That the state has the power of force to cause individuals to submit, even against their will (see your example of paying taxes in support o military actions you disagree with) is not a contentious point.

    I suspect you know and understand the argument your opponent is making.  But you aren't engaging it.  I'm not particularly interested in discussion with you, FWIW - having read your material over the course of a few years, I think I have a good sense of how you balance various factors in issues, and your style in argument; and, well, I'll just say that we wouldn't get along well and I don't want our strong differences to taint Jeralyn's space.

    Parent

    The point is basic (5.00 / 1) (#74)
    by Big Tent Democrat on Tue Jun 12, 2012 at 10:02:46 AM EST
    but certainly not trivial.

    It is foundational. When discussing the objection you attribute to the comments I am responding to (not at all clear how you discerned that objection from the comments themselves, this is the starting point.

    The balance you describe is one made by the state through its lawmaking process, not by individuals willy nilly. SYG is hardly a centerpiece of anyone's conception of individual rights which the state must respect. In reality it regulates individuals regarding their interactions with other individuals principally by providing limitations to how the state can act in response to a killing.

    That said, the SYG laws themselves are, textually, pretty innocuous. However, in the hands of those seeking certain results, the distortion the language suffers makes SYG bad public policy.

    As for your like or dislike of my "style of argumentation," well, let it be clear that I did not seek to engage you. It was the other way around. I certainly will leave you to your devices.

    Indeed, I was only drawn into to this discussion by Jeralyn's unfounded claim that SYG embodies "progressive values." This is completely wrong.

    Parent

    that's not my argument (5.00 / 1) (#134)
    by Jeralyn on Tue Jun 12, 2012 at 11:40:33 AM EST
    My argument is that those advocating for gun control laws (who, along with families of crime victims, are behind the movement to limit stand your ground laws) are not progressives.

    I was watching a video yesterday of Netroots Nation with Markos and some Congresspersons when all of a sudden this guy appeared arguing for gun control. My thought was, "Who let this guy in here? At a meeting of progressives?" Then I remembered people who claim to be progressives endorse gun control. I don't understand why.

    If you want to tie the two together (and I guess I did via my graphic) look at it this way:  Self-defense is a lawful affirmative defense to a crime. An individual has a constitutional right to bear arms. Therefore, an individual has a right to use a gun in self-defense.

    An individual has a constitutional right not to be deprived of liberty without due process of law. An individual has a constitutional right to a fair trial. Raising an affirmative defense recognized by law for centuries at trial should be protected the 5th and 6th Amendments.

    I do not believe it is progressive to urge limitations on an individual's constitutional rights and give up rights to the Government. Once you give the government power, it rarely gives it back. See, e.g., the Patriot Act. Whether you do it in one fell swoop, or chip away rights like with SYG laws and assault weapons band, the result is the same. We give the Government more power to lock us up.

    Parent

    The uncertain role of race (5.00 / 1) (#162)
    by Michael Masinter on Tue Jun 12, 2012 at 04:01:32 PM EST
    Though I generally agree with Jeralyn respecting rights, I have one qualifier, and that is the potential for racism to distort SYG's application.  Racism potentially can infect SYG at several levels -- the split second decision to shoot (see the Implicit Association test), the decision to arrest, the decision to prosecute, and the decision to convict or acquit.  We have too much history to ignore the potential for private violence backed by discriminatory law enforcement to enforce or perpetutate racial subordination.

    Race also can play a very different role in SYG.  Most crimes, especially crimes of violence, are intraracial crimes; the perpetrator and victim are both black or both white.  For that reason, self defense killings are also largely intraracial.  DoJ data shows that 43% of justifiable homicides are committed by black individuals even though they comprise only 13% of the population, and that over twice as many black decedents in justifiable homicides were killed by black individuals than by white individuals.  

    One therefore can argue both that SYG facilitates racial subordination, and contra, that eliminating SYG or otherwise restricting the right of self defense will disproportionately punish black victims of threatened violent crime.

    Whether race does infect SYG is an empirical question subject to empirical analysis.  As it happens, the U.S. Commission on Civil Rights voted last week to undertake that analysis.  If racism infects SYG, then that would seem to provide a sufficiently compelling governmental interest to override its broadening of self defense law; presumably that is why Abigail Thernstrom cast the deciding vote to authorize the study in a commission split 4-4 on so many issues.  

    Parent

    I find myself returning, over and over, (5.00 / 2) (#203)
    by Anne on Wed Jun 13, 2012 at 08:57:59 AM EST
    to the first paragraph of your response to BTD:

    My argument is that those advocating for gun control laws (who, along with families of crime victims, are behind the movement to limit stand your ground laws) are not progressives.

    I beg to differ.  That is like saying that people who insist on rules and standards of behavior and structure for their children are not good parents.  

    This nation is awash in guns, and those of us who don't have them and don't use them are entitled to be free from the risk of being gunned down by someone who thinks shooting at targets or at the gun range provides them with the ability to make split-second, intelligent decisions in an adrenaline-charged situation.  I understand self-defense, and I believe people have that right; the problem is that when guns enter the equation, whatever happens next cannot be undone.  Death irrevocably takes away one's right to life.  People die because of someone else's split-second judgment to fire a weapon.

    Guns do not make people smarter, and it is not a given that smart people will use guns wisely - no matter how well-trained they think they are.  And even the Supreme Court has said that the right to possess guns is not unlimited, no?

    You're the one, Jeralyn, who's always arguing against reactionary legislation; what, exactly do you think Stand Your Ground and Make My Day legislation were, if not reactionary?   If individuals already have the right to affirmatively raise self-defense, why do we need expanded laws?  And what, exactly, was "progressive" about those laws' biggest supporters - the NRA and ALEC?  

    Do you know what ALEC is all about?  Well, here, direct from their website, is a little background:

    More than 30 years ago, a small group of state legislators and conservative policy advocates met in Chicago to implement a vision:

    A nonpartisan membership association for conservative state lawmakers who shared a common belief in limited government, free markets, federalism, and individual liberty. Their vision and initiative resulted in the creation of a voluntary membership association for people who believed that government closest to the people was fundamentally more effective, more just, and a better guarantor of freedom than the distant, bloated federal government in Washington, D.C.

    At that meeting, in September 1973, state legislators, including then Illinois State Rep. Henry Hyde, conservative activist Paul Weyrich, and Lou Barnett, a veteran of then Gov. Ronald Reagan's 1968 presidential campaign, together with a handful of others, launched the American Legislative Exchange Council. Among those who were involved with ALEC in its formative years were: Robert Kasten and Tommy Thompson of Wisconsin; John Engler of Michigan; Terry Branstad of Iowa, and John Kasich of Ohio, all of whom moved on to become governors or members of Congress. Congressional members who were active during this same period included Senators John Buckley of New York and Jesse Helms of North Carolina, and Congressmen Phil Crane of Illinois and Jack Kemp of New York.

    These are the "progressives" behind SYG-type legislation; some real winners there, huh?

    Parent

    Depends on what is means (none / 0) (#21)
    by Rojas on Tue Jun 12, 2012 at 08:22:50 AM EST
    There are those that hold that the 90s brought us a progressive administration. There were progressive marginal tax rates, NRA was public enemy number one and Citibank and Corrections Corp of America were the friends of everyman.

    Progressive...regressive...reactionary...I'll let history be the judge.

    Parent

    The progressive movement (5.00 / 2) (#27)
    by Big Tent Democrat on Tue Jun 12, 2012 at 08:45:16 AM EST
    predates the 90s.

    Parent
    Some would say (2.00 / 2) (#48)
    by lousy1 on Tue Jun 12, 2012 at 09:39:39 AM EST
    1917

    Parent
    "Some say" lots of things (5.00 / 0) (#53)
    by sj on Tue Jun 12, 2012 at 09:44:05 AM EST
    But I think the Magna Carta was pretty progressive.  There are even earlier examples.  But you go ahead and stick with "some" who say 1917.

    Parent
    "Some would say" ... (5.00 / 1) (#73)
    by Yman on Tue Jun 12, 2012 at 10:02:19 AM EST
    ... the conservative movement also predates the 90's - say, 1930's Germany.

    Gotta love the "some would say" game ...

    Parent

    Though I am not a conservative (none / 0) (#93)
    by lousy1 on Tue Jun 12, 2012 at 10:32:33 AM EST
    I think we can be fair to our more right wing members and place the birth of the fascist movement in Italy in the 1920's.

    Fascists have commonly presented themselves as politically syncretic--opposing firm association with any section of the left-right spectrum, considering it inadequate to describe their beliefs, and being critical of the left, right, and center.

    Roger Griffin. Fascism. Oxford, England, UK: Oxford University Press, 1995. Pp. 8, 307.

    Except for a few far fringe groups It is rejected by Americans of differing strips. The European label of right wing has little in common with american sobriquet.

    However their was a comradeship forged between the unions and socialists during the progressive era 1890 - 1930.

    I will concede that the classical progressive movement was more than labor unions.

    Parent

    "The" (none / 0) (#172)
    by Rojas on Tue Jun 12, 2012 at 07:49:23 PM EST
    there's one? By what standard do you define the progressive movement? What is the continuity?

    I find Jeralyn's (and the NACDL) expansive view of BORs to be progressive. I believe that the historical record will support that.

    Parent

    I Am Surprised (4.20 / 5) (#35)
    by ScottW714 on Tue Jun 12, 2012 at 09:14:47 AM EST
    That anyone who has dedicated their life to the criminal justice system would back laws that essentially bypass the entire system.

    Sure it's good for a defendant, but really, for a person that has spent a lot of time contemplating the wisdom of law enforcement, you don't seem to have any issues with them deciding if a defendant should get a pass on killing someone.

    I have no problems with the actual goal of self defense type laws, but there has to be a process beyond the police proclaiming it is justified.

    The other problem of course is the application.  Much like the death penalty which I don't have any moral issues with, it's the unjust application that always seems to run along race lines, that bothers me.  And not to beat this horse, but I think the immediate result in TM case would have been far different if TM was white and GZ was black.  A black GZ would not have walked out of the police station that night IMO.  Pure speculation of course.

    I also think this business of standing your ground is right wing movie non-sense.

    You mean I can back down and de-escalate a situation, where do I sign up ?

    This 'never back down' business is Hollywood swagger that to me the right takes just a little too seriously.  Seriously enough to think we need laws that goes beyond the right to defend yourself.  I don't, and the microscopic bit of sense it takes to back down and cool a situation down is nothing compared to puffing your chest and and maybe end up getting your a$$ handed to you, getting shot, or if armed, shooting someone, which if this case proves anything, it's not worth it.

    As a man who spend the better part of his 20's and early 30's partying like a rock star, I can say that backing down from BS is something you had better learn to deal with or you will spend many nights in jail over complete BS with a person in all likelihood you don't even know.  I am fairly big and can handle myself, but to what ends, fighting a stranger over non-sense to 'prove' I was in the right ?  Now add in guns and a law stating you have a right to not back down from some drunk idiot, it's a recipe for disaster and does nothing but ensure escalation.

    I own, and am pretty versed with using, a self defense weapon.  It is for self defense, it never leaves the house beyond the occasional target practice.  The first round is rubber shot in case I need to fire a warning shot or take an actual shot.  It's non-lethal but the six behind it are not.  I am not anti-gun or anti-second amendment.

    I am getting very tired of the philosophy that more guns are some how going to make us safer.  That simply defies logic.  Guns are not the answer, and if people really cared about reducing gun violence, the first place they would look to is reducing the shear number of guns being produced.  I hate the way the gun industry has highjacked people's fear and the twisting of the Constitution to line their pockets with no regard to our safety.

    It's not fair that I have to own a gun to keep myself safe because others have carelessly allowed the gun industry to produce their products at will and most certainly ensured that any bad guy who wants one, has one.

    End Rant.

    I have not dedicated (5.00 / 2) (#140)
    by Jeralyn on Tue Jun 12, 2012 at 12:02:55 PM EST
    my life to the criminal justice system. I have dedicated my career (not life) to protecting and preserving the rights of defendants, who are but one component of the criminal justice system. The system also includes prosecutors and judges, and victims (since they now have rights.) My focus is on the rights of defendants.

    The Bill of Rights was designed to protect the rights of those accused of crime against the awesome powers of the Government. It was not designed to protect the rights of crime victims or the physical safety of the general public.

    Parent

    As a man (none / 0) (#180)
    by MyLeftMind on Tue Jun 12, 2012 at 10:53:44 PM EST
    maybe you don't get it that it's not always safe to back down. Nor is it always possible to back down.

    Parent
    If it's not possible, ... (none / 0) (#193)
    by Yman on Wed Jun 13, 2012 at 07:08:25 AM EST
    ... or can't be done safely, there's no legal obligation to retreat, even absent SYG laws.

    Parent
    Then It Becomes... (none / 0) (#201)
    by ScottW714 on Wed Jun 13, 2012 at 08:26:49 AM EST
    ...self defense, no ?

    Give me an example.

    Parent

    WTF? (4.00 / 4) (#30)
    by Big Tent Democrat on Tue Jun 12, 2012 at 09:06:21 AM EST
    This is Jeralyn's thread, and you don't seem to comment in my threads, but if by chance you ever do, NEVER EVER make a racist remark like the one you just made.

    BTD, I agree and deleted that comment (none / 0) (#136)
    by Jeralyn on Tue Jun 12, 2012 at 11:44:31 AM EST
    Occulus (2.00 / 0) (#113)
    by Slayersrezo on Tue Jun 12, 2012 at 11:05:39 AM EST
    Whined because TalkLeft supported the Second Amendment. There was no discussion just - "I don't like it because this blog supports the Second Amendment" - and a stomp of a foot.

    Occulus didn't make an argument.
    What is your point?

    My comment my observation regarding (none / 0) (#122)
    by oculus on Tue Jun 12, 2012 at 11:23:47 AM EST
    how much of this blog is now concentrated on SYG, Zimmerman defense, and gun rights  This is a change although Jeralyn has always supported an individual's right to own firearms.  

    Parent
    Not quite (none / 0) (#143)
    by Jeralyn on Tue Jun 12, 2012 at 12:17:54 PM EST
    This may be my second post on  the political aspect of stand your ground laws. In fact, I have repeatedly warned commenters that their view of SYG laws is off-topic to the Zimmerman case. My focus on the Zimmerman case has been on the criminal charges and defenses (which necessitate a discussion of the legal aspects of SYG laws and self-defense), the improper (in my view) actions of the  lawyers for the Martin family and others with an agenda (victims rights groups and gun control groups) in joining the lawyers' clamor for an arrest before the investigation was complete, and the slanted and inaccurate media coverage.

     I have supported second amendment rights for ten years at TalkLeft, but that's separate from Zimmerman. And there is only one post since the case began on guns, and it's in the context of urging that people who own one learn how to properly use them.

    Again, this is a place where readers can talk about their views of SYG laws and as i said in the post, the Zimmerman case should be but a few grains of sand in the discussion. So do not turn this thread into a discussion of the Zimmerman case. Back to SYG laws please.

    Parent

    SYG and Immunity Hearings (none / 0) (#3)
    by RickyJim on Tue Jun 12, 2012 at 06:38:24 AM EST
    I thought that the only thing that SYG added to existing Florida law at the time was the fact you can avoid a regular trial and get immunity from further civil and criminal action by convincing a judge that it is more likely than not you acted in self defense.  I guess the issue of whether the defendant stood his/her ground may or may not come into the immunity hearing but all who assert their action was self defense can have such a hearing.  Somebody correct me if I have this wrong.

    Do immunity hearings exist in other places besides Florida?  Is a self defense case, the only kind of situation that can give rise to an immunity hearing?  Why not have them for all alleged crimes and torts, like libel or bank robbery, etc?

    Several elements to the FL law (none / 0) (#9)
    by cboldt on Tue Jun 12, 2012 at 07:13:48 AM EST
    The Florida law added the immunity provision, and also codified a "no duty to retreat" element to the self defense analysis.

    The immunity provision aims to spare a person who has used force with justification from the ordeals of arrest, charging, and all forms of prosecution in a court of law.

    A number of state have some form of immunity, and in order for immunity to have any teeth, there has to be some judicially enforcible mechanism.  see 23 states that have sweeping self-defense laws just like Florida's.  I doubt all are "just like" Florida's in the mechanism for finally finding immunity, but I'm sure there are general similarities.

    I think most, if not all states have no duty to retreat for a person in his or her home or auto (sometimes via statute, and sometimes via common law), but not "everywhere" a person is legally allowed to be.

    Parent

    Goes afield of the topic, but ... (none / 0) (#16)
    by cboldt on Tue Jun 12, 2012 at 07:39:41 AM EST
    -- Is a self defense case, the only kind of situation that can give rise to an immunity hearing?  Why not have them for all alleged crimes and torts, like libel or bank robbery, etc? --

    The US constitution has a "privileges and immunities" clause, and there are immunities other than for justified use of force in self defense.

    Immunity from trial is sometimes granted in exchange for self-incriminating testimony.  The fourth amendment reinforces personal immunity from (or in case of) unreasonable search and seizure.

    In general, immunities attach to individual actions that society deems worthy of protecting.  Hence, absence of immunity for unjustified use of force and misappropriation of property.

    Parent

    Why Make Self Defense Immunityable? (none / 0) (#192)
    by RickyJim on Wed Jun 13, 2012 at 07:02:51 AM EST
    I see don't see the point of the immunity hearing for self defense claimants.  There is more social value in giving doctors such opportunity for thwarting malpractice actions against them.  It seems to me that the immunity hearing provision is simply a way for the gun lobby in Florida to flex its muscle.  Also, it is part of the same trend as the military tribunals for Guantanamo defendants.  If one thinks the American justice system is inadequate and too prone to have inaccurate outcomes, one should change it completely, not make special exceptions here and there.

    Parent
    Duty to retreat not an element (none / 0) (#17)
    by cboldt on Tue Jun 12, 2012 at 07:47:06 AM EST
    -- I guess the issue of whether the defendant stood his/her ground may or may not come into the immunity hearing ... --

    In some states, in order for the use of force to be found justified, the user of force must show that retreat was not available.  Those states have a duty to retreat before using any force, not just deadly force.

    So, yes, in the entire field of states laws, there may be some that provide immunity for the justified use of force, but also impose a duty to retreat before using force.  In other words, if retreat was an option, and the person did not choose that option, then they do not obtain immunity.

    In Florida, due to the language of 776.012 and 776.013, a person who uses force does not have to produce evidence that demonstrates an absence of the option of retreat.  The force used must still be justified, generally like-force in reaction to unlawful force is justified; escalation of force is not justified.  The justification for the use of deadly force is being in reasonable fear of serious injury or death (your own, or of another); and the court or jury, not the actor, decides what is reasonable.

    Parent

    Just one more thing (none / 0) (#19)
    by cboldt on Tue Jun 12, 2012 at 07:56:39 AM EST
    Justified self defense is a possibility in every state.  The variations between states are in the nature of how much legal process the user of force is subjected to, and what actions that person must take (or avoid) in order to be entitled to a "no bill," or freedom from arrest.

    Imagine being under a regime where all use of force by a non-state actor is criminal - even the use of force against unlawful force.  Most Americans (but not all of them) find the thought abhorrent.  Most people find it natural to justify the use of counterforce against a person who attacks them without provocation, and would be offended if they were prosecuted as criminals for using force to protect themselves against an unlawful attack.

    The contentions lie in just where that "justification line" is drawn, not that it is drawn at all.

    Parent

    Except (none / 0) (#4)
    by jbindc on Tue Jun 12, 2012 at 06:45:49 AM EST
    As I wrote here when discussing the new season of the show "American Guns," training will help you lose your fear of guns, and you will become better equipped to know when to use it, and to use it effectively, in response to a burglary of your house or a rape attempt.

    Even seasoned professionals (i.e. law enforcement officers) who are not only trained on weapons, but are trained and work in highly stressful situations - even they miss most of the time.  It is not comforting to know that someone who has had one set of training classes thinks they are going to be a better shot in a stressful situation than professionals.

    You don't (none / 0) (#6)
    by lousy1 on Tue Jun 12, 2012 at 06:57:36 AM EST
    need to be a better shot than a professional - just better than the bad guys.

    Parent
    As long as (5.00 / 1) (#10)
    by jbindc on Tue Jun 12, 2012 at 07:14:50 AM EST
    It's just you and the bad guy.

    I'm thinking of you, the bad guy, and a restaurant full of people.  Wanna take your chances with an amateur?

    Parent

    Comparing the performance records (5.00 / 1) (#15)
    by cboldt on Tue Jun 12, 2012 at 07:29:00 AM EST
    I think the professionals have a higher rate of striking innocents, than the non-state actors have.  At least when a non-state actor hits an innocent, the injured party (or his estate, if he's killed) has a whack at the shooter in a civil claim.  No so easy with a state actor, as they have qualified immunity.

    I wouldn't want to go without either group.  But I think it is irrational to be in fear of non-state "good citizens" going armed.

    Parent

    Remember the incident (2.00 / 1) (#25)
    by jimakaPPJ on Tue Jun 12, 2012 at 08:32:34 AM EST
    ---or should I say killingS/executions ---- a few years back where a woman left her gun in her car and went into a restaurant  to eat and a psycho came and killed a bunch of people, including her father??? I saw her testimony to a Congressional hearing and it was gut wrenching.

    Remember Columbine and the teacher who was trapped along with some kids in the library??? Think he might have "hurt" someone while stopping the slaughter??? (He was killed.)

    So yes, I will take my chances with ANYONE besides the killers.

    Have you practiced getting on your knees and begging???

    Parent

    Remember the 32,000+ ... (5.00 / 0) (#64)
    by Yman on Tue Jun 12, 2012 at 09:52:56 AM EST
    ... firearms deaths in each of those years?  Or the 75,000+ non-fatal firearms injuries?

    Have you practiced your funeral prayers?

    Parent

    Gee golly willackers (2.00 / 1) (#68)
    by Slayersrezo on Tue Jun 12, 2012 at 09:59:44 AM EST
    And how many heart-attacks during that time period?
    Auto accidents?
    Deaths by accidental falls?

    God, it's getting so I'm scared to breathe, drive, or walk down the stairs.

    I smell paranoia, esp since lots of those deaths are suicides and thus not a threat to Yman or his delicate sensibilities.

    Parent

    Analogy fail (5.00 / 0) (#78)
    by Yman on Tue Jun 12, 2012 at 10:08:16 AM EST
    Gotta love the attempt to compare intentional firearms deaths to accidents.  Heh.

    You should see an Otolaryngologist about that smell, ...

    ... unless that also scares you.

    Parent

    Comparing INTENTIONAL deaths to accidents (1.50 / 2) (#84)
    by Slayersrezo on Tue Jun 12, 2012 at 10:16:47 AM EST
    Was what you were doing, gimp.
    I ran the stats the last thread. As Donald pointed out (accurately, if a bit irrelevantly)about half of all firearms deaths are suicides, and that number of 30 k you are quoting is the number with suicides included. So why did you include them? Care to answer that, hmm?

    Parent
    Gimp? (5.00 / 0) (#87)
    by ks on Tue Jun 12, 2012 at 10:23:06 AM EST
    What the....

    Parent
    "Gimp"? - heh (5.00 / 0) (#89)
    by Yman on Tue Jun 12, 2012 at 10:24:14 AM EST
    Actually, I was responding to Jim's post, where he gave two examples of mass killings that he believes could have been prevented with firearms.  By comparison, I pointed out the 32,000+ firearms deaths that happen every year - those would be intentional killings, not accidents.

    Maybe try reading a little slower.

    Parent

    no, you are incorrect (none / 0) (#100)
    by Slayersrezo on Tue Jun 12, 2012 at 10:43:57 AM EST
    And maybe deliberately lying.
    32000 plus people do not die of firearms homicides every year. The figure you are quoting INCLUDES suicides. Do I need to link you?

    Parent
    Maybe even SLOWER? (5.00 / 0) (#114)
    by Yman on Tue Jun 12, 2012 at 11:08:54 AM EST
    32000 plus people do not die of firearms homicides every year.

    "Link" me all you want, but try reading my posts first.

    Remember the 32,000+ ... firearms deaths in each of those years?

    See if you can spot the difference.

    Those deaths (which include 17,000+ suicides) are intentional acts, as opposed to say, car accidents, slip-and-falls, etc. that you compare them to in your, .... well, .... let's be kind and call it an "analogy".  Unless you're suggesting they accidentally slipped and committed suicide.

    Parent

    Actually (2.00 / 0) (#119)
    by Slayersrezo on Tue Jun 12, 2012 at 11:20:07 AM EST
    Since you love to deliberately miss the point:

    I was pointing out that all the firearms DEATHS were dwarfed by other types of death, regardless if they were "intentional" or not.
    Indeed, I'd rather have control over my own death. Too bad that unless I commit suicide it is entirely out of my hands.

    So , as I said before -you seem hysterical.

    Parent

    "Missing the point" (5.00 / 0) (#124)
    by Yman on Tue Jun 12, 2012 at 11:26:31 AM EST
    My point was that comparing accidental deaths to intentional firearms deaths was silly, and your claim that I was comparing intentional deaths to accidents was false.

    Glad I could straighten that out, for ya ...

    Parent

    No, you never established your point (2.00 / 0) (#127)
    by Slayersrezo on Tue Jun 12, 2012 at 11:32:17 AM EST
    Given that your argument was never about intent, but instead about prevalence pointing out the prevalence is rather low defeats your point -such as it was.

    If you want to argue intent I'd love to see your argument over whether it matters whether the murderer killed with a steak knife or with a .45. Intent is intent.

    Parent

    Of course I did (5.00 / 0) (#141)
    by Yman on Tue Jun 12, 2012 at 12:06:33 PM EST
    Jim was pointing to two incidents where he believed firearms could have been used to prevent intentional deaths.  I was pointing to 32,000+ incidents where firearms were used to cause intentional deaths.

    The fact that there are more accidental deaths from other (non-firearm) causes is irrelevant.  There are probably far more deaths from natural causes, too, but that would be just as silly an argument.

    BTW - Are you finally done claiming that I was comparing intentional deaths to accidents? ... because that's suddenly disappeared.

    If you want to argue intent I'd love to see your argument over whether it matters whether the murderer killed with a steak knife or with a .45. Intent is intent.

    Ahhhh, yes .... lose an argument, might as well try a new, straw one.  But since you ask - it doesn't matter from the perspective of the victim or (usually) the crime to be charged.  It most certainly matters from the perspective of the magnitude of risk presented between a knife and a gun.

    Parent

    I can't help it (2.00 / 0) (#144)
    by Slayersrezo on Tue Jun 12, 2012 at 12:23:12 PM EST
    you don't know how to write clearly or argue fairly.

    The main argument was prevalence, that was what my first comment addressed, and that is what we are arguing now.

    As to the argument about prevalence, here's a few facts for you:

    A. We don't know how many crimes are prevented simply because a criminal suspects a mark is armed or the mark shows or otherwise displays the weapon. I'm willing to bet its quite a lot, but short of a surveillance society I don't see how we could qualify crimes that never happen.

    B. The same things goes for preventing intentional deaths. It's arguable that in every "gun free" zone where there has been a firearms incident, someone with concealed carry could have helped with the situation, either by deterrence or by taking out the criminal.

    C. We could find out the UNDERLYING REASONS for these suicides and work to prevent them but instead people like you want to conflate them into statistics that seem to make gun deaths more of a problem to the public at large than they really are and use the dead suicides for political purposes. Improve the economy and I bet some of those suicides never occur.

    Parent

    I sure do - and I have (5.00 / 0) (#151)
    by Yman on Tue Jun 12, 2012 at 01:12:16 PM EST
    But I do appreciate that from someone who falsely "restates" my views and then blames it on "unclear" writing.

    A.  That not a "fact" - it's speculation.
    B.  Ditto
    C.  I'm "conflating" nothing.  If someone can't figure out the difference between gun "deaths" and "homicides", it's a comprehension issue.

    Parent

    Shorter Yman (none / 0) (#197)
    by Slayersrezo on Wed Jun 13, 2012 at 08:12:18 AM EST
    A. Dodge.
    B. Dodge.
    C. Duck&Dodge.

    As for "A", I'm beginning to wonder about YOUR reading comprehension. It is a FACT that we DO NOT KNOW (big letters so you can understand) how many crimes are prevented by the presence of guns.


    Parent

    Longer Slayersrezo (none / 0) (#205)
    by Yman on Wed Jun 13, 2012 at 09:13:44 AM EST
    A.  I'm "willing to bet" that it's far less than the NRA-types speculate.

    Heeeeeeeeyyyyyy ... this fact-free, speculation is easy!

    B.  Ditto.  Anything's "arguable", and speculation is easy.  It's "arguable" that in every "gun free" zone where there has been a firearms incident, someone with concealed carry could have made the sitaution worse by escalating violence or shooting a bystander.

    Wow, ... that was easy.

    C.  Correct, but if you don't want to acknowledge your difficulties in understanding the difference between "deaths" and "homicides", there's not much to be done.

    As for "A" - Of course it is a fact that "no one knows how many crimes are prevented by the presence of guns".  The speculation was your next (vague) claim - "I'M WILLING TO BET THAT IT IS QUITE A LOT".

    "Big letters (and bold) so you can understand" ...

    Parent

    Slayersrzo (none / 0) (#187)
    by jimakaPPJ on Wed Jun 13, 2012 at 12:42:16 AM EST
    Now you know why I don't respond to Yman.

    ;-)

    Parent

    Because facts ... (1.00 / 1) (#194)
    by Yman on Wed Jun 13, 2012 at 07:10:07 AM EST
    ... are so inconvenient ....

    Parent
    Jim, given your daughter's (none / 0) (#118)
    by oculus on Tue Jun 12, 2012 at 11:20:02 AM EST
    recent experience, why wasn't she carrying?  

    Parent
    How do you know (none / 0) (#185)
    by jimakaPPJ on Wed Jun 13, 2012 at 12:40:55 AM EST
    she wasn't?

    Parent
    I don't. Was she? (none / 0) (#188)
    by oculus on Wed Jun 13, 2012 at 12:47:26 AM EST
    Its better (none / 0) (#12)
    by Abdul Abulbul Amir on Tue Jun 12, 2012 at 07:19:33 AM EST
    .

    Thats a better chance than getting marched into the back room and shot in the back of the head.

    .

    Parent

    For Who ? (4.40 / 5) (#23)
    by ScottW714 on Tue Jun 12, 2012 at 08:26:44 AM EST
    The person with the gun or the innocent person who ends up getting shot by a well intentioned gun welding amateur.

    No difference to the dead person as to why and who killed them.

    This assumption that anyone who has a gun knows how to use is pretty damn weak tea.  And the more the public becomes armed the more people will be caught in cross fire that may or may not have happened without the third party escalation.

    I respect your right to own a gun, but quit stating your opinion as fact.  The fact is more guns equals more people killed by guns.  Be it bad guys, kids, or just some chump in the wrong place at the wrong time.  If they make you feel safer, fine, but quit pretending the make the world safer.

    Parent

    I agree (none / 0) (#109)
    by kidman1 on Tue Jun 12, 2012 at 10:56:41 AM EST
    with you. I find all of the gun advocates who talk about a reduction of crime due to the supposed fear of a supposed criminal to be in the same filed of Bush/Cheney and the rest acting like this idea of impending doom of a killing of Americans by some terrorists *the so called "24" moments" is justification for torture. I taste your attempts at fear, however it is a bitter taste I have to spit out.

    I think these 2 views are more in line with intent than what The federalist Society would have you believe.

    "The real purpose of the Second Amendment was to ensure that the `state armies' - `the militia' - would be maintained for the defense of the state. ... The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires." - Warren E. Burger. former chief justice of the United States.

    "A powerful lobby dins into the ears of our citizenry that these gun purchases are constitutional rights protected by the Second Amendment. Our decisions belie that argument, for the Second Amendment was designed to keep alive the militia." - William O. Douglas.

    Parent

    I've never owned (none / 0) (#20)
    by whitecap333 on Tue Jun 12, 2012 at 08:15:52 AM EST
    a firearm, but I can think of no greater indignity than being forced to flee, by a threat of violence, from a place where I have a lawful right to be.  Suppose, by your flight, a violent felon is enabled to complete the theft of your auto, livestock, or something else of great value to you?  The threat of being "Zimmied" is a sufficient deterrent to an unjustified resort to defensive force.

    To those bent on extracting proof of "discrimination" from the statistics compiled on the use of defensive force, I suggest you back up and begin your inquiry with an examination of the "disparate impact" resulting from the commission of violent crime.

    Pleaze (5.00 / 3) (#24)
    by ScottW714 on Tue Jun 12, 2012 at 08:29:02 AM EST
    I can think of no greater indignity than being forced to flee

    How about getting yourself and your family shot because you didn't want to back down ?

    Does that qualify as a greater indignity ?

    Parent

    You are an accountant (none / 0) (#178)
    by Rojas on Tue Jun 12, 2012 at 10:19:25 PM EST
    can you support that statement objectively

    Parent
    SYG Stats (none / 0) (#44)
    by miloh on Tue Jun 12, 2012 at 09:29:10 AM EST
    "Nationwide, between 2005 and 2011, justifiable homicides by civilians using firearsm doubled in states with the laws, while falling or remaining about the same in states lacking them."

    Is that (5.00 / 0) (#217)
    by jbindc on Wed Jun 13, 2012 at 12:41:55 PM EST
    Justifiable homicide cases or actual justifiable homicides? There's a difference.

    Parent
    And actually (none / 0) (#218)
    by jbindc on Wed Jun 13, 2012 at 12:55:50 PM EST
    In a link provided by Angel below, a recent study shows:

    Results indicate that the prospect of facing additional self-defense does not deter crime. Specifically, we find no evidence of deterrence effects on burglary, robbery, or aggravated assault. Moreover, our estimates are sufficiently precise as to rule out meaningful deterrence effects. In contrast, we find significant evidence that the laws increase homicides. Suggestive but inconclusive evidence indicates that castle doctrine laws increase the narrowly defined category of justifiable homicides by private citizens by 17 to 50 percent, which translates into as many as 50 additional justifiable homicides per year nationally due to castle doctrine.

    More significantly, we find the laws increase murder and manslaughter by a statistically significant 7 to 9 percent, which translates into an additional 500 to 700 homicides per year nationally across the states that adopted castle doctrine. Thus, by lowering the expected costs associated with using lethal force, castle doctrine laws induce more of it. This increase in homicides could be due either to the increased use of lethal force in self-defense situations, or to the escalation of violence in otherwise non-lethal conflicts. We suspect that self-defense situations are unlikely to explain all of the increase, as we also find that murder alone is increased by a statistically significant 6 to 11 percent




    Parent
    That's what one study claimed: (none / 0) (#223)
    by Gandydancer on Thu Jun 14, 2012 at 02:15:34 AM EST
    Hoekstra and Cheng clain that murder and manslaughter increased by 7 to 9 percent and murder alone by 6 to 11 percent. Hard to square with the author's own result, that after 2005, when Florida and 16 other states passed the laws, the overall homicide rates in those states stayed relatively flat although the average number of justifiable cases per year increased by more than 50%.

    In other words the "we" of the article (Joe Palazzolo?) claimed that murders and manstaughters dropped by as much as the justifiables increased (net "relatively flat", and the intended result) while H&C claim to see a 7-9% increase just in m&m and, presumably, an even greater increase in total homicides if justifiables went up as well.

    My impression, on the contrary, is that homicides are dropping for demographic reasons (population bust resulting in an older, less homicidal, distribution) and I suspect (without further research) that the result you quote us is the result of H&C concocting an unrealistically still-more-favorable baseline scenario.

    Parent

    Is that bad? (none / 0) (#213)
    by Gandydancer on Wed Jun 13, 2012 at 12:01:50 PM EST
    Trick Answer (none / 0) (#216)
    by cboldt on Wed Jun 13, 2012 at 12:17:47 PM EST
    Heh.  If justifiable homicides go up by (picking a number) 100, and murders go down by 100, then the number of homicides is unchanged.  Some people would argue the law therefore had no benefit at all.

    But there's going to be killing (it is an inevitable, albeit regrettable part of the human condition), and I'd argue that justifiable homicide is preferable over murder.

    Especially so if an incident I'm involved in is part of the statistic.

    Parent

    If you have a well-founded... (none / 0) (#224)
    by Gandydancer on Thu Jun 14, 2012 at 02:40:33 AM EST
    ...self-defense claim, but an unreasonable prosecutor, an increase by 1 in the number of justifiable homicides is exactly the intended result. And what happened("relatively flat"), evidently.

    Parent
    I support the right of a minor (none / 0) (#110)
    by Slayersrezo on Tue Jun 12, 2012 at 10:57:16 AM EST
    to defend themselves, with or without a weapon, and with or without a permit.

    Imagine a hypothetical: A five year old girl is basically home alone because her caregiver is either extremely sick to the point of incapacitation or has just died.
    Into the window comes Ed the Child Strangler. He's been watching this house for a very long time, waiting for the perfect chance to enter.
    Little Suzy see's ED. She knows by his demeanor (the crazy, drooling, scary look on his face) that he means to do her harm. She flees, screaming, into her parents bedroom.
    By the grace of God (or the script I'm writing) this is the one day in little Suzies life that her pops or moms has left the gun loaded and forgot to lock the gun cabinet.
    Suzy's never handled the thing, but she knows from watching tv and her pops or moms that you hold it barrel pointed at target and pull the trigger. So by another miracle she gets the gun (the very smallest type of .38) and blows ED away just as he lunges at her with his curving knife.

    All this is totally accidental or maybe there was some divine intervention, whatever.

    The point is, though I'd never give gun permits to 5 year olds IF by some chance Suzy or Trayvon Martin needed a gun or other weapon and successfully used it to defend their lives I certainly wouldn't prosecute anyone.

     

    Wow (5.00 / 1) (#157)
    by sj on Tue Jun 12, 2012 at 02:45:22 PM EST
    People (lots of people, not only you) sure come with some bizarre outlier scenarios to justify their gun-loving.

    Parent
    I was responding to a person (none / 0) (#199)
    by Slayersrezo on Wed Jun 13, 2012 at 08:25:13 AM EST
    Who asked if I supported Trayvon Martin's right to "stand his ground" and use weapons, if necessary, for self-defense.
    I'd say my exaggerated language in this example should have clued you in that I was being tongue-in-cheek.

    Little Suzy? C'mon.

    Parent

    A more likely scenario (5.00 / 2) (#176)
    by Lora on Tue Jun 12, 2012 at 10:03:58 PM EST
    ...is that little Suzie's caregiver became incapacitated or died because Little Suzie pointed the gun at said caregiver (having seen it on TV, maybe) and pulled the trigger.

    Parent
    That's not in MY script (none / 0) (#200)
    by Slayersrezo on Wed Jun 13, 2012 at 08:26:30 AM EST
    So it didn't happen. So there. sticks out tongue
    It was an outrageously cute and silly example in response to a question someone asked.

    Parent
    Well, you just provided (none / 0) (#220)
    by Lora on Wed Jun 13, 2012 at 02:50:53 PM EST
    A great example of why having firearms in homes in the US is directly related to gun deaths in the home by accidents, homicides, and suicides.

    Parent
    Ok (none / 0) (#112)
    by lousy1 on Tue Jun 12, 2012 at 11:04:56 AM EST
    I had no idea that you had polled a majority of scholars- quick work!

    IMHO most students of history/political science recognize the distinction between American and European definitions of Left/Right scale.

    I doubt that the Eugene Deb's minions belting out the The Internationale would quibble about their association with the early communist movement.

    I didn't (none / 0) (#116)
    by Yman on Tue Jun 12, 2012 at 11:13:47 AM EST
    Given your penchant for Wikipedia, I figured I could quote it:

    Link

    Parent

    From the same article (none / 0) (#121)
    by lousy1 on Tue Jun 12, 2012 at 11:22:12 AM EST
    Anti-capitalism
    The Nazis argued that capitalism damages nations due to international finance, the economic dominance of big business, and Jewish influences.[161] Nazi propaganda posters in working-class districts emphasized anti-capitalism, such as one that said: "The maintenance of a rotten industrial system has nothing to do with nationalism. I can love Germany and hate capitalism."[168]

    Which branch of American conservatism is Anti Capitalist?

     

    Parent

    Which branch of American progressivism ... (5.00 / 1) (#137)
    by Yman on Tue Jun 12, 2012 at 11:52:24 AM EST
    Depends on your definition of "anti-capitalist" ... but you could start with this.

    Malkin's also complaining about "anti-capitalism" in the Republican party.

    But since we're going down the silly, "Progressives are like Communists" road, which branch of American Progressivism wants to eliminate the monetary system and private property?

    Parent

    Beats me (none / 0) (#153)
    by lousy1 on Tue Jun 12, 2012 at 01:28:45 PM EST
    but neither do most communists eliminate the monetary system and private property.

    But since we're going down the silly, "Progressives are like Communists" road, which branch of American Progressivism wants to eliminate the monetary system and private property?

    I don't think I ever claimed progressives were like communists - only noted  a shared historical branch.

    BTW the both samples that you cite do not  use anti capitalism the same meaning as in the Nazi invocatiom.

    Both refer to business practices not the concept of capitalism. I'll admit the analogy is closer than a shift lock  to capitalism and you did leave yourself wiggle room

    Capitalism - is technically a system where certain producers invest in plant and equipment (etc) and the money to do this is provided by investors

    Parent

    You said progressivism ... (none / 0) (#155)
    by Yman on Tue Jun 12, 2012 at 02:30:19 PM EST
    ... predated something-or-other (now deleted), going back to 1917, a clear reference to the Russian Revolution.  My point is, if you want to "note a shared historical branch" (heh), then we can do the same with conservatives and the rise of the Nazis.  Also pretty silly, but what's good for the goose ...

    BTW - Communism by definition seeks to replace private ownership with common ownership, and the creation of a moneyless and stateless social order, among other things.

    Parent

    OK Europe (none / 0) (#165)
    by lousy1 on Tue Jun 12, 2012 at 05:13:02 PM EST
    This is not an attempt to belittle any individual just a series of dispassionate observations.  

     I don't have a dog in this fight.

    The point I'm trying to make is that there is very little in common with what is considered right wing in Europe and in America.

    In both cases conservative leanings involve a drive to reestablish the real or imagined trappings of a previous era. In Europe until recently the bulk of the governments were authoritarian  typically monarchies or dictatorships. Europeans enjoyed a simple if predictable life and much of the decision making was vested in the traditional powers of church and state.

    In America the reactive yearning is for Laissez-faire government with a wild frontier and a dominant military able to tame that frontier. America also has a tradition of self government on various non federal levels.

    The only commonality I can see is that on both sides of the Atlantic the right tends to be more comfortable with preexisting social values.

    On the left the difference are less striking. A European Social Democrat/ socialist  typically has the same worlds view as a US progressive. Each values the notion of equality nurtured and enforced by the state and by extension minimizes the roles on the individual. There is a common Marxist thread that shaped both groups. European Lefties do tend to be more virulently anti religious than their American counterparts

    The left seems more willing to confront social norms or to introduce new values.

    Fascism was truly a unique hybrid, combining  socialism, tyranny and traditional European racism and religious bias.  It gained popularity because the people of the effected nations were willing to subjugate their personal freedoms for competent government.

    It shares nothing with American conservatism.

     

    Parent

    "Dispassionate observations" - heh (none / 0) (#169)
    by Yman on Tue Jun 12, 2012 at 06:13:32 PM EST
    On the left the difference are less striking. A European Social Democrat/ socialist  typically has the same worlds view as a US progressive. Each values the notion of equality nurtured and enforced by the state and by extension minimizes the roles on the individual. There is a common Marxist thread that shaped both groups.

    Pfffttttt ....

    Parent

    Thread cleaned of (none / 0) (#148)
    by Jeralyn on Tue Jun 12, 2012 at 12:37:10 PM EST
    off topic comments, insults and comments related to the facts of the Zimmerman case. This is about the efforts to change Stand Your Ground laws and your views of such laws, and in part, whether it is "progressive" to want to limit individual gun rights or an individual's right to assert self-defense. It's not about the Zimmerman case. Please save your comments on your computer so that if it gets deleted as being inappropriate or off-topic, you won't lose your work.


    The Chair of the Task Force (none / 0) (#154)
    by KeysDan on Tue Jun 12, 2012 at 02:03:35 PM EST
    on Citizen's Safety and Protection, Lt. Gov. Jennifer Carroll, stated that the public hearing "...will not focus exclusively on this case... I don't want the task force to be trial of the Zimmerman-Martin case."  

    It would seem more appropriate for the hearing at the Mega-Church, not far from Sanford, to focus on Florida Statute Chapter 776  (SYG) exclusively.

    What seems to be needed most, is information on the Florida law since enacted in 2005, a compilation of data and cases, including how the SYG law has been or is being applied, the statistics relating to the SYG decisions, how many of these decisions have been appealed and the results, and the application of the SYG laws as a part of the self-defense at trial.  Moreover, the statistics of weapons involved:  guns, knives and other weapons.  The base of knowledge on Florida's SYG seems shaky for many, but as those readers and commenters of TL know, it is more complicated than a get out of jail free card.

    What seems to be needed least, is to continue to work off a faulty knowledge base, not to mention permitting the hearings to be a trial of the State of Florida v Zimmerman.

    Most people, no matter what their label (none / 0) (#159)
    by ZtoA on Tue Jun 12, 2012 at 03:24:40 PM EST
    don't really care about the ins and outs of the constitution (dangerous thing to say here, with people who do care.) Most progressives, IMO, have a sense that the right to bear arms has to do with countering a form of justice known as Might is Right. So individuals are empowered against a militia, or other groups.

    What happens tho, is that when individuals arm themselves against other individuals the gun carrier has all the might, and in many cases we see that they have the right too. Progressives have a vague historical memory of being picked on and picked off and generally oppressed by the mighty in their communities so I can see where you support gun rights. Unfortunately, now it is more a free for all and whoever has the gun is the mighty and gun rights have not really changed anything at all. If I choose not to arm myself for religious reasons and my neighbor has guns and assault weapons etc then they are the mighty and giving them all the rights does not serve progress (as in evolving from a Might is Right pov.)

    Also, stereotypical boxes such as progressive, conservative, tea partier don't really mean much IRL. I have yet to meet someone who fits neatly into their appropriate box.

    Also (none / 0) (#160)
    by ZtoA on Tue Jun 12, 2012 at 03:27:40 PM EST
    even tho you "cleaned up" this thread you can notice the hate and racism in the comments you deleted. Those emotions of fear, hate and revenge are not really deleted and are intimately connected with this issue.

    Parent
    Guns are great equalizers. (none / 0) (#167)
    by redwolf on Tue Jun 12, 2012 at 05:35:16 PM EST
    You've got it backwards.  Physical size and strength is the #1 determiner in winning a violent power struggle between individuals.  Before firearms the weak, the small, and the young where at the mercy of those bigger and stronger than them.  After fire arms a 5'2'' women is the equal of a 6'8' man when it comes to violent confrontation.  Guns made everyone equal in physical violence and thus lead to a decrease in might makes right.  Hence why states who want to oppress their own people work so hard to disarm them.

    Parent
    Well...I've got this quote here: (none / 0) (#163)
    by Sentenza on Tue Jun 12, 2012 at 04:38:59 PM EST
    But there is no constitutional right to be protected by the state against being murdered by criminals or madmen.
    Bowers v. DeVito

    On the general subject (none / 0) (#166)
    by RKF on Tue Jun 12, 2012 at 05:29:16 PM EST
    I think Michael Kinsley said it best, when he noted that all constitutional rights are subject to some regulation, and that it is odd that the only one of the Bill of Rights which includes the word "regulated" within its text is not easily understood to be subject to perhaps even more stringent regulation of other rights.

    With respect to Stand Your Ground, perhaps he can stay, with some tweaking. The Tampa Bay Times' survey has revealed many unintended consequences


    interesting study link (none / 0) (#181)
    by Tov on Tue Jun 12, 2012 at 11:18:27 PM EST
    that confirms my distrust as to the wisdom or shall I say the lack of wisdom in these laws

    http://econweb.tamu.edu/mhoekstra/castle_doctrine.pdf

    open carry laws will proven (that once (none / 0) (#182)
    by Tov on Tue Jun 12, 2012 at 11:28:46 PM EST
    history is written many years from now)- to be really a restriction on personal liberty and an abuse of the 2nd ammendmment... just asking for more trouble as are STG laws...I may be wrong but I prefer to err on the side peace and civility and not add to mistrust and violence.

    Parent
    SYG laws (none / 0) (#183)
    by Tov on Tue Jun 12, 2012 at 11:30:59 PM EST
    the views expressed byJEM on guns would I believe (5.00 / 1) (#184)
    by Tov on Tue Jun 12, 2012 at 11:54:35 PM EST
    shock many to learn that they are published on a self advertised "liberal" blog...shocked me. I am not convinced by the pro gun arguments and never will be ...weight is not given to those espoused by the right or the left.
    Just me. Will come back on another topic. Ciao for now...

    Parent
    Tov, don't go away mad (2.00 / 2) (#198)
    by Slayersrezo on Wed Jun 13, 2012 at 08:15:07 AM EST
    Tov:

    "I am not convinced... and never will be..."
    Well, so much for rationality. And you were trying so hard too, what with linking to a single study and all...

    Parent

    what part didn't you (none / 0) (#221)
    by Tov on Wed Jun 13, 2012 at 03:17:10 PM EST
    understand Slayer... ?...I did not go away mad, I was being honest about my views...do not project your anger on to me because I refuse to fight on this subject. It seems rationality is an oxymoron when used to describe views on openly carrying guns in public and SYG laws. I rest my case. Good luck to you in confronting stangers like you just did with me. I merely stated my opinion and did not seek or ask for a rebuttal from you or anyone else. I don't appreciate your personal tone and hope the moderator feels the same.

    Parent
    Interesting article in the Wall Street Journal. (none / 0) (#204)
    by Angel on Wed Jun 13, 2012 at 09:06:36 AM EST
    Study Says `Stand Your Ground' Laws Increase Homicides

    http://tinyurl.com/wsjlawarticle


    Palazzolo doesn't emphasize this... (none / 0) (#225)
    by Gandydancer on Thu Jun 14, 2012 at 03:16:02 AM EST
    ...but his own paper's study said, on the contrary, that homicides remained "relatively flat". He mentions that fact, but probable math incompetence saves him from cognative dissonance. And his paper's previous article emphasizes the increase in justifiable homicides without mentioning that there was a corresponding decrease in unlawful homicides, at least not before it dives behind the paywall.

    Parent
    Math incompetence? (none / 0) (#227)
    by Angel on Thu Jun 14, 2012 at 08:53:18 AM EST
    Where is your empirical data?  You have given only your opinion so far; I'll go with the professional study.

    Parent
    No, If total homicides ... (2.00 / 0) (#228)
    by Gandydancer on Thu Jun 14, 2012 at 09:32:25 AM EST
    ...remain the same ("flat") but justified homicides have increased "sharply" (as says the WSJ) then non-justified homicides (murder and manslaughter) must have decreased. That's math, not opinion. Very simple math, but not in Palazzolo's wheelhouse. Or your's, apparently, if you don't see that it contradicts Hoekstra and Cheng's claimed 7-9% increase.

    Math just demonstrates the unrealized contradiction. Statistics point to who's right, and it doesn't look good for Hoekstra and Cheng.

    You ought to be more careful about appeal to authority. It's a very inferior sort of argument.

    Parent

    You ought to be careful ... (5.00 / 0) (#238)
    by Yman on Thu Jun 14, 2012 at 02:41:39 PM EST
    ... about citing nothing more than your own, evidence-free opinion, as well as a news blurb about general crime statistics that you believe magically contradict Hoekstra and Cheng's peer-reviewed study.

    It's less than an "inferior sort of argument".

    Parent

    Appeal to authority? You don't know what you're (none / 0) (#229)
    by Angel on Thu Jun 14, 2012 at 10:07:35 AM EST
    saying.

    Parent
    Mere assertion... (2.00 / 0) (#230)
    by Gandydancer on Thu Jun 14, 2012 at 10:34:51 AM EST
    ...is also an inferior form or argument.

    Parent
    Apples and oranges (none / 0) (#232)
    by amateur on Thu Jun 14, 2012 at 11:21:46 AM EST
    I think you're confusing national and state level homicide rates.  Both studies have similar findings and both appear to NOT include justifiable homicides in with overall homicides.

    The old WSJ study looked at national crime trends and found 1) an increase in justifiable homicides nationally and 2) a slight decrease in overall homicides nationally.  Key word there is "nationally", meaning all states, including the ones that did not pass SYG laws. It then found homicide rates in the states that passed SYG laws were relatively flat -- meaning they did not experience the decrease in homicides that other states did.

    The more recent study is much more thorough but has very similar findings.  One of their assumptions (explained in the paper) is that the SYG states could be expected to have reduced crime rates on par with those of other state. It's worth a read.

    Parent

    If you search... (none / 0) (#233)
    by Gandydancer on Thu Jun 14, 2012 at 11:45:36 AM EST
    ...this page for "baseline" you'll find I'd already surmised that the misleadingly reported "increase" (echoed here) was nothing of the sort. And my crit was of the presentation, and credulous repetition, not so much of the study I was merely dubious of but explicity said I hadn't read. Still haven't, so I'll leave it at that for now.

    Parent
    Well, I started looking, and the... (2.00 / 0) (#234)
    by Gandydancer on Thu Jun 14, 2012 at 12:27:02 PM EST
    ...first result is not a good one for the credibilty of Hoeksta and Cheng. I direct you to the bottom of page 5 where they quote Fla 776.013 as follows:
    3.For example, the law passed in Florida states that "a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another."

    Full stop. End of footnote.

    Actually, what follows "another" is NOT a period, but

    ...if:
    (a) The person against whom...
    (b) The person who uses ...
    (2) The presumption set forth in subsection (1) does not apply if:...
    .

    Etc., etc.

    So, no, I don't think I will be reading this lying piece of cr@p any further, since I don't trust its recitation any purported source, and life is too short to bother debunking lying  tendentious BS to the full extent possible. Hoeksta and Cheng are done. Stick a fork in 'em.

    Parent

    So you're dismissing (none / 0) (#235)
    by amateur on Thu Jun 14, 2012 at 12:49:13 PM EST
    the entire study and all of its data because a footnote, whose purpose was to give an example to support a paragraph describing stand your ground laws and the addition of a "presumption of reasonable[ness]", which you believe should have quoted the entire rest of the statute.    

    Parent
    And Team Crump (none / 0) (#231)
    by jbindc on Thu Jun 14, 2012 at 10:54:39 AM EST
    Is now proposing the  "Trayvon Martin Amendment" to the SYG law.

    Crump asked the panel to consider what he calls the Trayvon Martin amendment to the law.

    "You can not be the pursuer, you can not be the aggressor and say that you were standing your ground. What a horrible message that sends to society."

    Seems to me, that Mr. Crump is making a generic statement there, but with a wink and nod, is trying to spread the theme that Trayvon was not the aggressor.  Maybe he was and maybe he wasn't, but Crump's statement is pretty obvious for what he really means.


    Is Crump Practicing Law in Florida? (none / 0) (#236)
    by cboldt on Thu Jun 14, 2012 at 01:32:40 PM EST
    What he's asking for is already in there.

    F.S. 776.041 - Use of force by aggressor

    The justification described in the preceding sections of this chapter is not available to a person who: ... Initially provokes the use of force against himself ...

    It goes on to give an aggressor the right to save his life, if the other party escalates force to a level that creates a reasonable fear of death, etc.

    Parent

    I noticed that too. (none / 0) (#237)
    by jbindc on Thu Jun 14, 2012 at 01:44:07 PM EST
    But it makes for great TV and press coverage.

    Parent