“Unreasonable Absolutist Death Penalties”: The ‘Stand Your Ground’ Mindset Is Flawed
Florida’s “Stand Your Ground” law was not invoked by the defense at either the trial of George Zimmerman or, more recently, Michael Dunn. But the mindset was present in both cases, and raises some troubling questions about what constitutes self-defense.
In the Zimmerman case, the defendant was acquitted of shooting an unarmed teenager, Trayvon Martin, in the chest, arguing that Martin had attacked him. Zimmerman was acquitted.
In the Dunn case, the defendant’s behavior was even more sketchy. He had pulled into a gas station, and – annoyed by what he called the “rap crap” emanating from another car there – asked the four teenagers inside to turn it down. Dunn said 17-year-old Jordan Davis then threatened him and had a shotgun, and Dunn then shot into the car. Prosecutors said there was no threat (there was, in fact, no gun in the boys’ SUV) and merely shot 10 bullets into the car because he didn’t like the loud music.
Davis was killed, and Dunn was convicted of attempted murder of the three surviving teens. The jury deadlocked over whether Dunn was guilty of fist-degree murder of Davis. From a practical standpoint, it may not matter as much – Zimmerman is free, and has spent the time doing such bizarrely inappropriate activities as posing for a photo with a gun manufacturer and getting into a fight with his girlfriend, while Dunn already faces up to 60 years in prison for the attempted murder convictions. But the mindset, that “threat” is in the eye of the shooter, endures.
Florida law says someone does not have an obligation to retreat if he or she “reasonably” believes his or her life is at stake, even if there is no actual threat. (The “Stand Your Ground” law was not specifically invoked at either trial, but the Florida self-defense statute, complete with that language, was read to the jury.) How far does one take that? State of mind is indeed a reasonable factor to consider. But putting the onus on the prosecution to prove that the defendant was not reasonably in fear for his or her life merely enables racism, xenophobia and any other kind of fear-based in bias.
Would a middle-aged white man be more “reasonable” in believing that four black teenagers were a threat, than if the ages and races were reversed? That’s not stated in the law, of course, but juries, which insert their own experiences and fears into their judgments, might think so. A woman has a far greater chance of being raped than any man of any race has of being murdered. Would that make it OK for a woman walking alone to attack or shoot a man walking past her – especially if the man were of the same race, since most rapes are intra-racial?
The problem with the standard of “reasonable” is that it isn’t reasonable at all. It puts law behind emotion and human bias.
In Virginia, current law allows farmers to shoot dogs which run after their chickens, and officers are actually required to kill a dog caught going after someone’s poultry. The state legislature recently cleared a bill that would soften that law, giving urban areas (where more people, it seems, are raising chickens) the right to ease such absolutist death penalties. If Virginia can do more to protect dogs, perhaps Florida could do more to protect people.
By: Susan Milligan, U. S. News and World Report, February 19, 2014
“Move Over Chris Christie”: Is Yet Another GOP 2016 Contender Flaming Out?
They say that misery loves company, and New Jersey Gov. Chris Christie (R) may soon have a friend who can sympathize with seeing a 2016 presidential campaign threatened by a tawdry political scandal.
On Wednesday, more than 27,000 emails were released from a now closed investigation into alleged illegal activity by Wisconsin Gov. Scott Walker’s (R) 2010 election campaign. Though Walker himself was never charged with anything, the new documents for the first time tie him directly to his staff’s shady campaign dealings, an embarrassing blow that could hinder his re-election bid this year and dampen his appeal as an establishment alternative come 2016.
A quick recap on how we got here.
Back in 2010, when Walker was still the Milwaukee County executive, his staff established a secret wireless network in the county office to coordinate strategy with his political campaign. Because such coordination is illegal in Wisconsin when done on the taxpayers’ dime, a probe into the effort resulted in convictions for six of Walker’s former aides and allies, including his former deputy chief of staff, Kelly Rindfleisch, who pleaded guilty in 2012 to a felony for her role.
Walker, meanwhile, came through unscathed — until now, that is.
According to the newly released emails, the investigation into the Walker campaign’s misconduct widened one day before the 2012 election, with raids targeting Walker’s campaign office, the Milwaukee County executive office, and the homes of some Walker staffers. As for that secret wireless router, the emails provide the first direct indication that Walker knew about it.
From the Milwaukee Journal Sentinel:
“Consider yourself now in the ‘inner circle,'” Walker’s administration director, Cynthia Archer, wrote to Walker aide Kelly Rindfleisch just after the two exchanged a test message.
“I use this private account quite a bit to communicate with SKW and Nardelli. You should be sure you check it throughout the day,” she wrote, referring to Walker by his initials and to Walker’s chief of staff, Tom Nardelli. [Milwaukee Journal Sentinel]
Now, the emails do not prove that Walker actually used the secret network while on the county clock. And many of the details in the unsealed emails have been known for some time. Still, the negative headlines they’re generating — and the subsequent investigative reports they’re bound to spawn — are a stain on the resume of someone many believed to be the GOP establishment’s next best hope after Bridgegate tarnished Christie’s once-glorious political career.
Christie’s downfall is an apt parallel.
Though Christie hasn’t been tied directly to the politically motivated traffic scandal, his aides and appointees have. That leaves just two conclusions to draw about Christie himself: Either he’s lying or he surrounded himself with devious incompetents over whom he had little control. Neither interpretation reflects favorably on a chief executive’s character.
So while Christie is innocent (so far) of any personal wrongdoing, his popularity has taken a massive hit.
That’s the same problem now facing Walker. The governor could still be found guilty in the court of public opinion of poor judgment for hiring law-skirting staffers. Indeed, the Democratic National Committee and local Democratic operatives are now lumping the two governors together under one big umbrella of shame.
“This wasn’t the work of a few rogue staffers,” Michael Czin, a DNC spokesman, said in a statement, “this was a coordinated effort that goes right to the top.”
“Just like in New Jersey, top aides used taxpayer resources to push a political agenda,” he added. “And just like Chris Christie, Scott Walker has a lot of questions to answer.”
The emails support that claim, to a certain extent. One correspondence shows that Walker instructed a top aide to coordinate a daily conference call between county and campaign staff. Again, though that doesn’t implicate Walker in any illegal activity, it suggests he might have encouraged it in his underlings.
Walker’s problems don’t end there, either. As the Huffington Post noted, the emails also revealed that Walker once wanted to fire a doctor because she used to be a thong model, a tale that would be perfect fodder for Democrats who want to trot out their effective “War on Women” message. And the emails also contained a racist, homophobic chain message about a fictional nightmare. (Punch line: “I can handle being a black, disabled, one-armed, drug-addicted, Jewish, homosexual… but please, Oh dear God, don’t tell me I’m a Democrat!”)
Meanwhile, Walker’s recall campaign committee — the governor defeated an attempt to remove him from office in 2012, which is what earned him the national spotlight to begin with — is believed to be the subject of a second, ongoing investigation. Depending on what that investigation finds, Walker could be in for yet another round of awful coverage.
The symmetry between Walker and Christie’s tales is remarkable. Both involve a prominent GOP governor with presumed White House ambitions allegedly using his office for underhanded political machinations. And in both cases, the governor claimed innocence and ignorance of his staff’s misdeeds.
That excuse didn’t work for Christie, and there’s no reason to believe it will work any better for Walker.
By: Jon Terbush, The Week, February 20, 2014
“A Particularly Cruel Joke”: Texas Lawmakers Celebrate “Achievements” In Women’s Health As Thousands Go Without Care
The consequences of Texas’ sweeping new abortion restrictions are now being felt across the state, but the status of reproductive healthcare in Texas had been dire long before conservative lawmakers passed the omnibus measure to shutter reproductive health clinics, restrict safe abortion services and leave thousands of women without access to necessary care.
Texas lawmakers passed a two-year budget in 2011 that cut $73 million from family planning programs; the following year, Rick Perry dissolved the state’s partnership with the federal Women’s Health Program, forfeiting millions in Medicaid funding for low-income women’s healthcare. Lawmakers restored some of this funding in 2013, but reproductive health providers like Planned Parenthood are barred from receiving it. That Perry has refused the Medicaid expansion has further compounded the crisis that has been building in the state, the blunt impact of which disproportionately impacts low-income women of color.
Republican “reforms” to the system have resulted in a 77 percent drop in the number of women being served by state health clinics at an additional cost of around 20 percent. The maternal mortality rate — particularly among women of color — is on the rise, and Texas has the highest uninsured rate in the nation.
It is in this context that the Texas Health and Human Services committee’s decision to hold a hearing on the “progress” the state has made in women’s healthcare seems like a particularly cruel joke. The committee intends to “build on previous legislative achievements in women’s healthcare,” according to a statement on the hearing.
Activists in the state, who have remained focused on challenging the rollback of reproductive rights in the months since Wendy Davis’ marathon filibuster, descended on Austin Thursday to provide testimony and protest the show hearing.
“When I heard about the hearing — well, I felt like if the Daily Show was going to create a parody, they couldn’t have done a better job,” Amy Kamp, one of the women providing testimony at the hearing, told ThinkProgress. “If Texas wants to protect women’s health, I have a helpful suggestion. Just reinstate the old program we used to have!”
“It’s laughable that the same politicians that have devastated Texas women’s access to healthcare — cancer screenings, birth control, and safe, legal abortion — are now touting their so-called achievements in women’s health,” said Cecile Richards, president of Planned Parenthood Action Fund. ”If that’s what they call help for Texas women, we’ve had quite enough of it.”
By: Katie McDonough, Assistant Editor, Salon, February 20, 2014
“Didn’t See That One Coming”: How Paul Ryan Helped Save Medicare And Social Security By Trying To Gut Them
President Obama’s new budget will not include a proposal to implement “chained CPI” to slow the growth of Social Security benefits, according to White House officials.
And there’s one man who deserves most of the credit for making sure there will be no cuts to benefits to seniors until at least 2017 — ironically the politician who has worked the hardest to reduce the promises made to America’s retirees — Rep. Paul Ryan (R-WI).
The president had included the reform measure in his 2013 budget as an attempt to provoke a so-called Grand Bargain with House Republican leaders. Such a deal would have required them to end some tax breaks for the rich. That was never going to happen and the White House’s acceptance of this fact helps focus the 2014 elections on votes most Republicans in Congress have taken in the past to cut both Social Security and Medicare, thanks to Paul Ryan.
The chairman of the House Budget Committee’s first budget plan in 2011 not only privatized Social Security — a proposal that President George W. Bush could not even get a vote on when the GOP controlled both houses of Congress — it remade Medicare into a voucher program that radically shifted the financial burden to seniors without doing much to reduce the overall cost of health care. The plan was so popular — at least with Republican donors — that it instantly made Ryan a national hero and possible presidential candidate.
The chances of enacting the plan with President Obama in office were zero, but Ryan, buoyed by his new stardom, helped guide House Speaker John Boehner (R-OH) into a debt-limit crisis that shook global markets still dizzy from the financial crisis. House Republicans demanded a dollar in cuts for every dollar the debt ceiling was raised and President Obama obliged with a plan that not only included chained CPI, but also raised the Medicare eligibility age. To sell this plan to Democrats, the president demanded a small percentage of new revenues by ending tax breaks on upper-income Americans.
Boehner was about to make the deal, when Ryan “dropped a bomb” on it, fearing it would guarantee Obama’s re-election. Instead both sides settled on the sequester.
Ryan released another budget in 2012 that dropped Social Security privatization and added a public option to his Medicare plan. Desperate for Tea Party credibility, Mitt Romney selected Ryan to be his running mate after being forced to embrace the congressman’s budget during the primary. Together, the two men re-elected the president.
After Obama’s re-election, Speaker Boehner reportedly tried to take the offer Ryan had rejected in 2011. The president told him it was off the table, and likely will be for the rest of his term unless Republicans consider higher taxes on the rich, which they won’t.
In the past two years, the deficit has been cut in half and is projected to be even lower within 10 years as a share of GDP than if the Simpson-Bowles debt plan or Paul Ryan’s first budget had become law. If the reforms to Medicare implemented in the Affordable Care Act continue to slow the growth of costs as they have since 2010, our long-term debt crisis may be solved, despite Paul Ryan’s best efforts.
By: Jason Sattler, The National Memo, February 20, 2014
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