‘Stand Your Ground’ Laws Are Back in the News, but It’s Not Clear Why
“The distinguishing feature of “stand your ground” laws is that they eliminate the duty to retreat for people confronted by threats of violence in public places. The shooting of Ralph Yarl did not happen in a public place; it happened on the doorstep of the man who shot him. The shooting of Kaylin Gillis likewise happened on the property of the man who killed her. New York, in any event, is not one of the 28 states with “stand your ground” laws. And as Reason’s J.D. Tuccille notes, the Texas cheerleaders, Payton Washington and Heather Roth, “were chased by their assailants, which isn’t self-defense by any understanding.”
So why does NPR suggest that any of these defendants might successfully invoke a “stand your ground” defense? You got me.
A recent New York Times article that begins by citing the shootings in Missouri and New York is equally hazy on the relevance of “stand your ground” laws. Reporter Adeel Hassan compounds the confusion by mentioning a Florida jury’s 2013 acquittal of George Zimmerman, who was charged with second-degree murder and manslaughter after he shot 17-year-old Trayvon Martin.
Zimmerman argued that he reasonably feared for his life when Martin pinned him to the ground, punched him, and smacked his head against the pavement. That account was supported by physical evidence and witness testimony. Given those circumstances, the absence of a duty to retreat did not figure in Zimmerman’s defense or in the verdict.
Politico reporter Brakkton Booker nevertheless asserts that Florida’s “stand your ground” law was “central” to Zimmerman’s trial. Booker also thinks the shooting of Ralph Yarl “has all the ingredients to revive the national debate over ‘stand your ground’ laws,” although he never explains why.
Hassan at least correctly distinguishes between “the common-law ‘castle doctrine'” and “stand your ground” laws. The castle doctrine says people have no duty to retreat when they are confronted by intruders in their own homes. “Stand your ground” laws, Hassan notes, “go further” because they “apply anyplace where a person has a legal right to be, not just at home.” He cites Florida’s law as an example.”
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“Texas has a similar law. It allows someone to use deadly force when he “reasonably believes” it is “immediately necessary” to protect himself against the “use or attempted use of unlawful deadly force.” It adds that “a person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.””
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“Homicide defendants do sometimes invoke the absence of a duty to retreat in public places, although often implausibly and unsuccessfully, and there is a legitimate debate about whether that extension of self-defense law is fair and prudent. But that debate is muddied whenever news outlets bring up the controversy in contexts where it is plainly irrelevant.”
Greg Abbott’s Pardon Promise Ignores the Shakiness of Daniel Perry’s Self-Defense Claim
“a Texas jury found Army Sgt. Daniel Perry guilty of murdering Garrett Foster, a protester he encountered at a Black Lives Matter demonstration in July 2020. Less than 24 hours after that verdict, Texas Gov. Greg Abbott said he would pardon Perry if asked.
Abbott’s hasty announcement, which seemed to be driven by conservative complaints that Perry had been unjustly prosecuted for shooting Foster in self-defense, illustrates how political prejudices convert empirical questions into tests of team loyalty. That bipartisan tendency is the antithesis of what jurors are supposed to do when they are confronted by the clashing narratives of a criminal trial.
Abbott took it for granted that Perry’s account of what happened the night he killed Foster was accurate. Texas has “one of the strongest” self-defense laws in the country, the governor wrote on Twitter, and that law “cannot be nullified by a jury or a progressive District Attorney.”
Contrary to the implication, the jurors who convicted Perry did not ignore the state’s self-defense law, which allows someone to use deadly force when he “reasonably believes” it is “immediately necessary” to protect himself against the “use or attempted use of unlawful deadly force.” The jurors simply did not believe the circumstances of Foster’s death met those requirements.”
GOP drops $1M on Manchin as Justice preps run
https://www.politico.com/news/2023/04/19/manchin-justice-gop-election-00092629
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Jan. 6 defendant fired on deputies ahead of expected arrest, court records show
“A Jan. 6 defendant wanted on misdemeanor charges opened fire at sheriff’s deputies..as they checked on him ahead of his expected arrest, leading to a lengthy standoff”https://www.politico.com/news/2023/04/20/jan-6-defendant-fired-on-deputies-00093158
Biden’s Earth Day order aims to ease pollution in poor communities
“Under current procedures, regulators typically assess pollution from new facilities or projects on a plant-by-plant basis rather than in conjunction with existing emissions from other sources. This method underestimates the health risks, community advocates say.
By instructing agencies to research and incorporate new data on those cumulative impacts and involving communities early in the process, Biden marries two of the “four historic crises” he identified on the campaign trail in 2020: climate change and racial inequality. Most people who face outsized health and climate vulnerabilities from concentrated pollution sources are people of color and low-income households.”
How the White House sees its debt ceiling standoff with McCarthy
“Republicans, Biden asserted Wednesday, “say they’re going to default unless I agree to all these wacko notions they have. Default. It would be worse than totally irresponsible.”
He reminded McCarthy of the GOP’s hypocrisy — they had no problem raising the debt ceiling three times during the Trump presidency — and of Ronald Reagan and Donald Trump’s own comments decrying debt limit brinkmanship as reckless. Biden also urged the speaker to “take default off the table, and let’s have a real, serious, detailed conversation about how to grow the economy, lower costs and reduce the deficit.”
According to two people familiar with the administration’s strategy, it’s not clear to anyone inside the White House if McCarthy has the votes from his own caucus to pass his bill, and it may not yet be clear to the speaker himself, who has what one person familiar with the White House’s thinking termed a “principal-agent problem.”
The bill would be dead on arrival in a Democrat-controlled Senate. But the White House is signaling clearly to GOP moderates in the House: Vote to cut popular programs, including Social Security and Medicare, at your own risk.
“If they pass this, we are going to hang it around their moderates’ necks,” said one person familiar with the administration’s thinking.”
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“Biden, his aides say, learned from the Obama administration’s 2011 standoff with Republicans that it’s imperative not to allow the debt ceiling to become part of negotiations. But with McCarthy’s tenuous speakership constantly hanging by a thread, and dependent in large part on his ability to placate his most extreme members, the White House knows that talking him off the ledge on risking default — giving up what he sees as his main point of leverage — won’t be easy.
And as much as White House officials like the politics of the negotiations’ current phase, they know they, too, will face pressure to negotiate the closer they get to D-Day.”