A few thoughts on stand-your-ground laws: 1. I really dont like deciding whether or not something is self-defence based on money-morning quarterbacking based on vague criteria like could this person have safely retreated further than he did? For this reason I support such laws. Such vague standards (regarding duty to retreat) must by nature victimize the already powerless. However.... 2. There is a very real problem of prosecutors having too much power. We like to pretend we have a rule of law, but we really have a rule of prosecutor. There is no evidence that stand-your-ground laws in Florida have had a racist impact in the court room, but unfortunately most cases never make it to court. If you are going to see a racial impact by such laws it is going to happen at the plea deal stage, where there is no jury. Over time, I think stand your ground laws *should* provide fewer racial issues than duty to retreat laws. I dont know about how much time is required to make that happen though. 3. I dont know how to fix #2. Maybe we could simply pass a law which would repeal prosecutorial immunity from claims arising from section 1983 of the civil rights act. That would create a mess though....
Posted on: Wed, 16 Apr 2014 13:48:10 +0000
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