Mediaboss Marketing

By Brendan Farrington, The Associated Press

TALLAHASSEE, Fla. Lucy McBath is afraid many more people will die if Florida Gov. Rick Scott signs a bill making it harder to prosecute when people claim they commit violence in self-defense.

She already lost her son, an unarmed black teenager, when a white man angry over loud music and claiming self-defense fired 10 times at an SUV filled with teenagers.

The measure before Scott would effectively require a trial-before-a-trial whenever someone invokes self-defense, making prosecutors prove the suspect doesnt deserve immunity.

Scott hasnt revealed his intentions, but hes a National Rifle Association supporter, and this is an NRA priority.

If it passes in Florida, then they take that same legislation and they push it on the legislative floors across the country, said McBath, whose 17-year-old son Jordan Davis was killed by Michael Dunn outside a Jacksonville convenience store in 2012.

Many states have long invoked the castle doctrine, allowing people to use even deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can stand his or her ground anywhere they are legally allowed to be. Other states followed suit, and stand your ground defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasnt let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Floridas stand your ground law.

Florida Republicans made this bill a priority after the state Supreme Court ruled in 2015 that the defendant has the burden of proof before trial. If Florida starts a national trend to shift that burden to prosecutors, itll be just fine with Republican Rep. Bobby Payne, who sponsored the bill.

Only four of the 22 or more state stand your ground laws mention this burden of proof in Alabama, Colorado, Georgia and South Carolina and all place it on defendants.

Its about following our right of innocent until proven guilty, Payne said. Its about Fifth Amendment rights, its about due process, its about having a true immunity, for when folks really believe theyre in imminent threat of great bodily harm or death, to defend themselves properly.

Senators originally wanted prosecutors to prove beyond a reasonable doubt before trial that self-defense didnt justify a violent crime. The final legislation lowered the threshold to clear and convincing evidence.

Either way, it makes prosecuting violent crimes more difficult, experts say.

I think there will be more false stand your ground claims, said former Broward County prosecutor Gregg Rossman, who has tried 65 murder cases. The pre-trial hearings are very much going to be like a mini-trial.

Proving a killer didnt act in self-defense when there are no living witnesses would be particularly hard, he said: I worry the most about the one-on-one cases. You and I get into an argument and I shoot you. Who speaks for you?

But public defenders say it should help people who were simply trying to defend themselves. Prosecutors often use the threat of minimum mandatory sentences to coerce people into accepting a plea deal even if their use of force was justified, said Stacy Scott, a public defender in Gainesville.

Its going to force them to deal more fairly with citizens who are charged with crimes, and will help our clients either get better plea offers or exonerate themselves earlier in the process so they dont have to wait until a jury trial and risk everything they have in order to litigate their case, Scott said.

McBath, who lives in Marietta, Georgia, believes the guilty will more likely escape convictions. It took two trials to convict her sons killer of murder.

Were just one out of so many, she said. Because we won our case, I honestly, honestly believe thats the reason why theyre putting these additional measures into stand your ground.

Justifiable homicide claims have doubled on average in states that have passed stand your ground laws, said John Roman of the independent research organization NORC at the University of Chicago.

Also, whites who kill black people are 10 times more likely to win a stand your ground claim than blacks who kill whites, said Roman, who analyzed these cases while at the Urban Institute think tank.

Studies also show that white people are more likely to feel threatened by black people than the other way around, and if you then add onto implicit bias the ability to use lethal force, its reasonable then to expect that lethal force will be disproportionately applied to minorities, he said.

Read the original here:
Florida could pave new changes in 'stand your ground' laws The ... - The Denver Post

TALLAHASSEE, Fla. (AP) Lucy McBath is afraid many more people will die if Florida Gov. Rick Scott signs a bill making it harder to prosecute when people claim they commit violence in self-defense.

She already lost her son, an unarmed black teenager, when a white man angry over loud music and claiming self-defense fired 10 times at an SUV filled with teenagers.

The measure before Scott would effectively require a trial-before-a-trial whenever someone invokes self-defense, making prosecutors prove the suspect doesnt deserve immunity.

Scott hasnt revealed his intentions, but hes a National Rifle Association supporter, and this is an NRA priority.

If it passes in Florida, then they take that same legislation and they push it on the legislative floors across the country, said McBath, whose 17-year-old son Jordan Davis was killed by Michael Dunn outside a Jacksonville convenience store in 2012.

Many states have long invoked the castle doctrine, allowing people to use even deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can stand his or her ground anywhere they are legally allowed to be. Other states followed suit, and stand your ground defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasnt let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Floridas stand your ground law.

Florida Republicans made this bill a priority after the state Supreme Court ruled in 2015 that the defendant has the burden of proof before trial. If Florida starts a national trend to shift that burden to prosecutors, itll be just fine with Republican Rep. Bobby Payne, who sponsored the bill.

Only four of the 22 or more state stand your ground laws mention this burden of proof in Alabama, Colorado, Georgia and South Carolina and all place it on defendants.

Its about following our right of innocent until proven guilty, Payne said. Its about Fifth Amendment rights, its about due process, its about having a true immunity, for when folks really believe theyre in imminent threat of great bodily harm or death, to defend themselves properly.

Senators originally wanted prosecutors to prove beyond a reasonable doubt before trial that self-defense didnt justify a violent crime. The final legislation lowered the threshold to clear and convincing evidence.

Either way, it makes prosecuting violent crimes more difficult, experts say.

I think there will be more false stand your ground claims, said former Broward County prosecutor Gregg Rossman, who has tried 65 murder cases. The pre-trial hearings are very much going to be like a mini-trial.

Proving a killer didnt act in self-defense when there are no living witnesses would be particularly hard, he said: I worry the most about the one-on-one cases. You and I get into an argument and I shoot you. Who speaks for you?

But public defenders say it should help people who were simply trying to defend themselves. Prosecutors often use the threat of minimum mandatory sentences to coerce people into accepting a plea deal even if their use of force was justified, said Stacy Scott, a public defender in Gainesville.

Its going to force them to deal more fairly with citizens who are charged with crimes, and will help our clients either get better plea offers or exonerate themselves earlier in the process so they dont have to wait until a jury trial and risk everything they have in order to litigate their case, Scott said.

McBath, who lives in Marietta, Georgia, believes the guilty will more likely escape convictions. It took two trials to convict her sons killer of murder.

Were just one out of so many, she said. Because we won our case, I honestly, honestly believe thats the reason why theyre putting these additional measures into stand your ground.

Justifiable homicide claims have doubled on average in states that have passed stand your ground laws, said John Roman of the independent research organization NORC at the University of Chicago.

Also, whites who kill black people are 10 times more likely to win a stand your ground claim than blacks who kill whites, said Roman, who analyzed these cases while at the Urban Institute think tank.

Studies also show that white people are more likely to feel threatened by black people than the other way around, and if you then add onto implicit bias the ability to use lethal force, its reasonable then to expect that lethal force will be disproportionately applied to minorities, he said.

___

AP writer Curt Anderson in Miami contributed to this report.

Follow this link:
Florida could pave new changes in 'stand your ground' laws - The Seattle Times

ST. PAUL, Minn. About 100 people from the legislature and various groups around the state gathered in the basement of the Capitol building to protest proposed Republican legislation that would implement stand your ground laws in the state of Minnesota.

Together they held signs that said, Protect Minnesota working together to prevent gun violence.

This bill poses a risk a risk to people of color, to those who look different, and seem scary to some, Sen. John Marty (D-Roseville) said Wednesday. We do not need a death penalty for minor offenses.

Lawmakers, leaders of groups, and religious organizations repeatedly referred to examples involving children when speaking about the potential group at risk if the proposed legislation is passed. Kids whose frisbee goes over the wrong fence is at risk, Marty told the crowd.

The legislation proposed, H.F. 238, has many Republican co-authors and is considered a standard stand your ground law. Similar legislation has been implemented around the country.

As Alpha News reported in March, Republicans were quick to defend the bill stating that people should try to escape if they find themselves in a dangerous situation, but if there is no other option, deadly force can be used.

However, Asad Zampan, Executive Director of the Muslim American Society of Minnesota shared his concern with a specific piece of the legislation that removes a section of current law which states,

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actors place of abode.

Rep. David Pinto (D-St. Paul), who is also a Ramsey County Prosecutor said, There are many scenarios that we can reference that would not hold people accountable in case of deadly force. Pinto discussed proposed legislation that hes authored which would require background checks for the transfers of guns between owners.

There are so many other things that we should be talking about and this sure is not one of them, Pastor Brian Herron Sr. of Zion Baptist said. America, for too long has had a love affair with guns.

Carin Mrtoz, Executive Director of Jewish Community Action told the crowd, Many of those in favor of the law speak of it benefiting our [the Jewish] community, but laws like this will not make my community safer.

This is being proposed by people who claim to be pro-life, Imam Asad Zampan, the Executive Director of the Muslim American Society of Minnesota told the crowd. I want to know how anyone who is pro-life could be in favor of deleting a section of law that says, the intentional taking of life of another is not authorized.

Rob Doar, Vice President and Political Director for the Minnesota Gun Owners Caucus disagrees with the negativity surrounding stand your ground laws.

The burden is on the victim to prove that they did not have a reasonable means of retreat, rather than the more standard practice elsewhere in criminal law that an individuals actions are presumed lawful until proved otherwise, Doar said. We support HF 238 because it codifies the elements of self defense into the statute, providing the most protections to it citizens, and guidance to the courts.

The legislation was expected to be heard on the floor of the House on Wednesday, but Marty announced the legislation would not be heard on the floor after all.

comments

See the article here:
Stand Your Ground is Unnecessary, Protesters Say - Alpha News MN

Father of man fatally shot at gated community in 2016 talks about how frustrating the case has been. Video by Michael Braun

Ryan Douglas Modell, 32, who died in a Lee County development March 20, 2016.(Photo: Special to news-press.com)

The father whose son was shot and killed in south Lee County in 2016 when he mistakenly knocked on the wrong door wants the governor to appoint anindependent state attorney and let a grand jury review the case.

A letter written by attorney Mark O'Mara, who represents Sandy Modell, the father of Ryan Modell, was sent via Federal Express to the governor's office Monday.

Modell remains adamant that his son was murdered and cant understand why the man who he accuses of the shooting hasnt been arrested.

"Mark is simply asking the governor to reassign it to get the same objective state attorney review we've been asking for," Modell said.

The state attorney's office for the 20th district, in March, decidednot to bring chargesagainst James Taylor, the man who shot Ryan Modell.

Death of 32-year-old justified under Stand Your Ground, no charges for shooter

Sandy Modell talks about the March 20, 2016, shooting at the gated Emerson Square community in south Lee County that claimed his son Ryan's life.(Photo: Michael Braun/The News-Press)

The state attorneys office said Taylor was justified under Floridas Stand Your Ground law to kill Modell because he feared for his life.

The law was made infamous after George Zimmerman was acquitted of murder charges in the 2012 death of 17-year-old Trayvon Martin in Sanford. O'Mara represented Zimmerman in the Martin case.

According to the state attorneys office, Modell was a well-developed, well-nourished man who stood at 6-foot-1 and weighed 224 pounds. Modell was 32 when he died.He lived with his girlfriend at an apartment that was identical to Taylors.

While Ryan Modell was walking back to his girlfriends Emerson Square apartment in south Lee County around 2 a.m. on March 20, 2016, he mistook one apartment for another and tried opening the door, his dad and girlfriend said. He was allegedly confronted by Taylor and fatally shot.

Sandy Modell says that State Attorney Stephen B. Russell should be supportive of the request.

"There should be no [problem with this," he said. "If they did a responsible job they should support it."

"We made our decision and found it was an appropriate Stand Your Ground application and will have no further prosecutorial action," said state attorney spokeswoman Samantha Syoen. "It was reviewed by Assistant State Attorney Dan Feinberg of our Homicide Unit."

O'Mara, in the letter to the governor, says: "Even when told in the light most favorable to Mr. Taylor, his own words, the facts do not justify the shooting death of Ryan Modell. This is not an instance of self-defense. This is an unjustified homicide."

Lee County father looking for answers in son's shooting death

Sandy Modell said that no matter what happens it would be small comfort.

"This is not about guns, the Second Amendment or Stand Your Ground," Sandy Modell said. "It's about murder. We're looking for an objective review."

He said that if the review was granted and a murder charge eventually levied he would be a "little less miserable."

He also said the request has no downside for the governor.

Father, friends remember man shot in south Lee County

If he denied it, Sandy Modell said, it would be a vindication for the local state attorney's office.

"If it is approved," Sandy Modell said, "the governor prevents a travesty."

Connect with this reporter: MichaelBraunNP (Facebook) @MichaelBraunNP (Twitter)

Read or Share this story: http://newspr.es/2rnUmtF

Originally posted here:
Review of south Lee 'Stand Your Ground' case sought - The News-Press

Who is protected by the Stand Your Ground law in the event of a shooting? WAAY 31 searched for answers on the heels of a deadly shooting Tuesday in Morgan County.

When you typically hear about the law coming into play, it usually involves two people. Those two people are usually the shooter and the victim.

But lawyers told WAAY 31 it could include a third party under the right circumstances.

Attorney Mark McDaniel said, according to Alabama law, if you choose to defend someone using deadly force, then you are only justified if that person is in grave danger.

"The word is reasonable," McDaniel said. "If you reasonably believe the other person is using or about to use unlawful, deadly force against you or a third person in your presence."

And if that isn't the case, then McDaniel said the shooter could end up in legal trouble and face serious charges.

"If somebody pulls a gun out and then somebody else pulls a gun out," McDaniel said. "Then the third person walks in and shoots the second person who pulled the gun out, then that's going to be called manslaughter."

Decatur Police told WAAY 31 several employees were at Eagle One during the altercation, but authorities couldn't say who actually witnessed the shooting besides the three people involved. However, officers did say the argument started inside of the business and led outside near the back of the building where Cazier was shot and killed.

Police could not confirm whether the shooter saw the altercation from beginning, but authorities did tell me they are continuing to gather evidence for a grand jury to decide the shooter's fate.

"And, the grand jury will certainly consider everything," McDaniel said.

So far, no charges have been filed against the shooter or the other employee involved. Decatur Police said once they complete the investigation, then it will take up to 90 days for a grand jury to look at the case and decide if the Stand Your Ground law applies.

See the article here:
How the 'Stand Your Ground" law could apply to a third party? - WAAY