“Repeal Stand-Your-Ground Laws”: We Shouldn’t Have To Wait For Another Death And Controversial Trial
The law is supposed to solve problems, not create them. Laws should provide as much clarity as possible, not expand the realms of ambiguity and subjectivity. Laws ought to bring about the practical results their promoters claim they’ll achieve. And at its best, the law can help us to live together more harmoniously.
By all these measures, “stand your ground” laws are a failure. These statutes make the already difficult task of jurors even harder. They aggravate mistrust across racial lines. They appear to increase, rather than decrease, crime.
We should not have had to go through another racially charged trial in Florida to learn all this. Writing online for The Post, Mark Berman offered a succinct account of the facts of the Michael Dunn case that has aroused so much legitimate passion.
“In November 2012, Michael Dunn shot 17-year-old Jordan Davis in a Jacksonville, Fla., gas station parking lot. Dunn had approached a Dodge Durango holding Davis and three other teenagers and asked them to turn down their music. . . . An argument developed, and Dunn fired 10 times at the vehicle, including multiple shots fired as it pulled away.
“Davis died almost immediately after he was hit. . . . Dunn, who was in town for a wedding, returned to his hotel and drove back home to Brevard County the following morning; he was arrested later that day.” Dunn said he saw a shotgun in the Durango, but there was no evidence of one.
Dunn was convicted on three counts of attempted second-degree murder, but the jury hung on the first-degree murder charge brought in connection with Davis’s death.
The verdict came seven months after George Zimmerman was acquitted in the Sanford, Fla., killing of Trayvon Martin in another case where the stand-your-ground law was at issue. Both Martin and Davis were black teenagers. Should it surprise anyone that many African Americans fear that the law does not protect young males of color when they find themselves in confrontations with whites?
We shouldn’t fault the Dunn jury, which seemed to struggle to reach a just outcome. Unlike Zimmerman, the 47-year-old Dunn was not acquitted and could spend the rest of his life in prison. The jury clearly saw no justification for his firing at a fleeing car. But the stand-your-ground law undoubtedly sowed confusion on the murder count.
Supporters of the law say it was technically not at issue in the case, but this overlooks the obvious role it played in the trial. Cory Strolla, Dunn’s lawyer, mentioned it in his closing argument: “His honor will further tell you,” Strolla said, “that if Michael Dunn was in a public place where he had a legal right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force.” The judge, Russell L. Healey, was required to read the relevant stand-your-ground provisions to the jury.
Florida’s statute allows someone to use force if he or she “reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” The “reasonable belief” standard is not unique to stand-your-ground laws, but it opens a vast loophole for extreme subjectivity when it is applied in conjunction with them. This has created problems that even the law’s supporters should acknowledge.
A comprehensive 2012 examination of the law by the Tampa Bay Times concluded: “Seven years since it was passed, Florida’s ‘stand your ground’ law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.” The law, the Times reporters wrote, has “confused judges” and has “allowed drug dealers to avoid murder charges and gang members to walk free.”
A study by two Texas A&M economists found that such laws “do not deter burglary, robbery, or aggravated assault” but do “lead to a statistically significant 8 percent net increase in the number of reported murders and non-negligent manslaughters.”
Stand-your-ground laws shift the balance of power on the streets to those who carry weapons. They thus provide an incentive for everyone to be armed, which is why the National Rifle Association has pressured legislatures in some two dozen states to enact them. We shouldn’t have to wait for another death and controversial trial to recognize that this is a poor reason for laws that cause such palpable harm. It’s time to repeal them.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 20, 2014
“After Background Checks Were Scrapped In Missouri”: Confirmation That Weaknesses In Firearm Laws Lead To Deaths From Gun Violence
In recent years, advocates of gun reforms have pushed for expanded background checks, arguing that such measures, including closing the gun-show loophole, would improve public safety and reduce gun violence.
On the other end of the policy spectrum is Missouri, which had a background-check system before it was repealed in 2007. The Johns Hopkins Bloomberg School of Public Health took a closer look at the impact on public safety in the state after the policy change, and the Washington Post’s Niraj Chokshi helped summarize the results.
The law’s repeal was correlated with a 23 percent spike in firearm homicide rates, or an additional 55 to 63 murders annually from 2008 to 2012, according to the study conducted by researchers with the Johns Hopkins Center for Gun Policy and Research and to be published in the Journal of Urban Health.
“This study provides compelling confirmation that weaknesses in firearm laws lead to deaths from gun violence,” Daniel Webster, director of the Johns Hopkins Center for Gun Policy and Research and the study’s lead author, said in a news release. “There is strong evidence to support the idea that the repeal of Missouri’s handgun purchaser licensing law contributed to dozens of additional murders in Missouri each year since the law was changed.”
For context, note that there was no comparable increase at the national level – in other words, it’s not like Missouri saw a spike because everyone nationwide was seeing a spike – and more to the point, the eight states that border Missouri also did not experience a similar increase.
That said, the states surrounding Missouri were affected.
From Chokshi’s report:
Police in border states that kept such laws reported a big spike in guns bought in Missouri that had been diverted to criminals. In 2009, Missouri exported 136 guns to neighboring Illinois and 78 to neighboring Kansas, according to data collected by the Bureau of Alcohol, Tobacco, Firearms and Explosives and compiled by Mayors Against Illegal Guns.
When Senate Republicans killed a bipartisan background-check proposal last year, considered in the wake of the Sandy Hook massacre, one of the more common refrains from opponents of reform was that background checks just don’t make a lot of difference. Even if proponents are well intentioned, the process itself is a feel-good measure with little real-world implications.
The data out of Missouri appears to point in a very different direction.
By: Steve Benen, The Maddow Blog, February 18, 2014
“Guns And The Thug Life”: There Was Only One Thug In That Convenience Store Parking Lot, And It Wasn’t Jordan Davis
On Saturday night, the jury in the case of Michael Dunn rendered a strange verdict, convicting Dunn of attempting to murder the three teens who survived the hail of fire he sent at their car, but deadlocking on the charge of murdering the one he succeeded in killing. We may never know what went on in the jury room, but if nothing else, Dunn will not be driving into any more parking lots and getting into any more arguments that end in death, at least not for some time.
This case is, of course about race, which we’ll get to in a moment. But it’s also about—to use a word that crops up repeatedly in Michael Dunn’s written comments—a culture. It’s a culture where manhood must continually be proven, where every disagreement is a test of strength, and where in the end, your fellow human beings are only waiting to kill you, so you’d better draw first.
This was the culture of violence that Michael Dunn carried with him to the convenience store, the one that ended the life of 17-year-old Jordan Davis. It was Dunn’s manic hyper-vigilance, his fear, and the .45 he carried with him that brought death to the parking lot.
Dunn’s defense was built on his belief that he saw something that looked like the barrel of a shotgun (or maybe a pipe) emerge from the window of the car holding the teenagers with whom he was arguing about their music, though no shots came from their car and the police never found any gun. Unlike many people, I have no trouble believing that, for an instant at least, Dunn really did think he saw a gun. I also suspect that he realized afterward that there was no gun, which would explain why he never mentioned it to his fiancée.
What we do know is that when he encountered those black teens, Michael Dunn was sure he was facing down a group of dangerous criminals who might well try to kill him at any moment. We don’t have to wonder whether Dunn is a racist, because his own words make it pretty clear. The letters he wrote to family and friends while awaiting trial are full of statements describing black people as violent criminals who hate whites. “I’m not really prejudiced against race, but I have no use for certain cultures,” he wrote. “This gangster rap, ghetto-talking thug ‘culture’ that certain segments of society flock to is intolerable.” He wrote to a family member, “I just got off the phone with you and we were talking about how racist the blacks are up here. The more time I am exposed to these people the more prejudiced against them I become. I suppose the white folks who live here are pretty much anti-black, at least the ones who have been exposed to them.” And from another letter: “Remember when your mom was robbed? At gunpoint? Black thug.”
So when Dunn arrived at the store and heard that loud rap music, what it meant to him was clear: These are dangerous thugs. After all, they’re young and black, and they’ve got that awful rap music playing, right? And once he began to argue with them, you can bet that he was on high alert, ready to draw his weapon. Think about the last time you got into an argument. Your heart rate accelerated, the adrenaline started pumping, you entered into a state of heightened agitation and awareness. This physiological reaction was bred into us by millions of years of evolution, the fight-or-flight response to danger that ensured the survival of our ancestors.
The 7-11 is not the savanna, but Michael Dunn plainly believed he was a water buffalo surrounded by hyenas. So this time, he would be the predator. He grabbed his gun, exited his car, got down on one knee, and began to fire. And then he kept on firing, ten shots in all, even as the car drove away to escape him.
Just like the case of Curtis Reeves, the Florida man who shot and killed a man who irritated him by texting in a movie theater during the previews, the argument began over the most mundane thing, but ended in death. Michael Dunn couldn’t abide that loud rap music. Curtis Reeves got popcorn thrown at him, and threw back a bullet.
In a reasonable world—or in most countries other than ours—arguments like those would end with someone muttering “Jerk!” under his breath, then getting back to what he meant to be doing beforehand. An hour later, he’d think of the perfect retort that would have put that guy in his place. But in the world gun advocates have made, the result isn’t frustration or resentment, but death.
In his letters, Michael Dunn refers to black men, again and again, as “thugs.” But there was only one thug in that convenience store parking lot, one person who was ready to unleash violence at a moment’s notice, one man whose regard for human life had departed him somewhere along the course of his days. That thug wasn’t the 17-yead-old black kid. It was the 47-year-old white guy holding the gun.
By: Paul Waldman, Contributing Editor, The American Prospect, February 17, 2014
“Gun Crazy In South Carolina”: America’s Next Top Shooting Gallery
Is South Carolina America’s next O.K. Corral?
If that sounds like an exaggeration, then take a look at the radical, pro-gun proposal just endorsed by Governor Nikki Haley, the Tea Party favorite who is running for reelection this year, after a tumultuous first term. Crafted by state Senator Lee Bright of Spartanburg, one of Lindsay Graham’s opponents in the GOP Senate primary, the “Constitutional Carry Act” would eliminate the state’s permit and training requirements for citizens who want to carry guns.
That’s right: If you were a resident of South Carolina and wanted to carry a weapon—concealed or otherwise—then under this law you could. No classes, no tests, no background checks, no questions. I have no problem with guns—I grew up in a gun-owning household, and I’ve used firearms myself—but this is insane.
Sen. Bright, explaining the proposal, told The State newspaper that the Second Amendment “gives Americans the right to carry firearms without any government restrictions.” Permits, in other words, are unnecessary. And Governor Haley, offering her take, told reporters that “criminals are dangerous,” and that she thinks “that every resident should be allowed to protect themselves from criminals.”
Because this bill lowers the barrier to owning a firearm in South Carolina, there’s a good chance it would spark a measurable increase in gun ownership, as well as guns owned per person. And while someone, somewhere, might stop a crime with their firearm, it’s far more likely—in the absence of any kind of safety training or background checks—that this law would exacerbate accidents and violence involving guns, to say nothing of boosting the export of firearms to other states, where South Carolina is a national leader—the state has the sixth highest rate of “gun exports,” i.e., guns sold legally in South Carolina that are later used in crimes in other states.
Yes, Vermont has a similar law on the books, but it doesn’t have South Carolina’s terrible reputation for gun violence. Haley’s state is the seventh-deadliest for gun crime, with 5 gun murders for every 100,000 people in 2010, compared to the national average of 3.6 per 100,000. Overall, from 2001 through 2010 there were 5,991 people killed by guns in South Carolina. Law enforcement officers are especially vulnerable—between 2002 and 2011, sixteen law enforcement agents were killed by guns, the fourth worse rate in the nation.
Worse, South Carolina is the fourth worst state in the country on the rate of women murdered by guns—64 percent above the national average—and it ranks second-worst on the rate of women murdered by men in domestic violence incidents. In half of those crimes, guns were used.
When you also consider that South Carolina has a “Stand Your Ground” law that—like Florida’s—is a boon to the trigger happy, then—if this bill becomes law—you have a recipe for even more gun violence in the name of “stopping criminals.”
Now, if you see the Second Amendment as inviolable—a sanctification of our supposedly God-given right to firearms—then I doubt this weighs on you. Senseless death is just the price of freedom. For the rest of us, however, the prospect of a fully armed state—where guns flow freely and the law is biased toward shooters—is terrifying.
By: Jamelle Bouie, The Daily Beast, February 13, 2014
“The Proximity Of Firearms”: People Are More Likely To Kill When They Have A Gun
Even though there is steadily accumulating evidence of the futility of criticizing the gun culture, certain episodes prod me to go there. One of those occurred last week, when an unarmed man was shot dead after assaulting a fellow movie patron with, ah, popcorn.
This particular incident wasn’t one of those that dominate newscasts, that summon President Obama to a press conference, that propel some members of Congress to insist on tighter gun control laws. It didn’t pack the awful, gut-wrenching punch of the Newtown, Conn., massacre, in which 20 young children and six adults were gunned down by a psychopath.
The power of this recent episode lies in its more mundane nature: Person with gun gets angry, loses control and shoots an unarmed person. It’s a more common occurrence than gun advocates care to admit.
And it contradicts several of the gun lobby’s central arguments because it demonstrates that the proximity of firearms can change circumstances. It undermines that dumb and overused cliché, “Guns don’t kill people. People kill people.” That may be true, but people are much more apt to kill when they have a gun.
As it happens, this shooting occurred in Florida, where an ill-considered “Stand Your Ground” law has prompted many a trigger-happy bully to pull a gun and shoot a stranger (or, sometimes, an acquaintance). Curtis Reeves, 71, has been charged with second-degree homicide in the death of Chad Oulson, 43, on Jan. 13, according to the Tampa Tribune.
The newspaper reported that Reeves got angry because Oulson, who was sitting in front of him, was using his cellphone during previews before the film Lone Survivor started. Reeves, after asking him several times to stop, went into the lobby to complain to a theater employee about Oulson — who was apparently communicating with his child’s babysitter.
When Reeves returned, the two again exchanged words, and Oulson reportedly showered Reeves with popcorn. Reeves drew a .380-caliber handgun and shot Oulson in the chest. Oulson’s wife was wounded because she reached for her husband as the shot was fired, the Tribune said.
You know how the gun lobby always insists that the antidote to gun violence is to allow more properly trained citizens to carry guns everywhere — inside nightclubs and schools and churches? Well, Reeves could hardly be better trained in the use of firearms. He’s a retired Tampa police captain and a former security officer for Busch Gardens.
Reeves had a permit to carry a concealed weapon. (The chain that owns the movie house, Cobb Theaters, says its policy bans weapons.) Few gun owners would know more about gun safety. But that hardly helped Reeves control his temper.
Human beings have a limitless capacity for irrational acts, bizarre confrontations, moments of utter craziness — and that includes those of us who are usually mature, sane and rational beings. If we allow firearms everywhere, we simply increase the odds that one of those crazy moments will result in bloodshed.
The Violence Policy Center (VPC) notes that 554 other people have been killed since May 2007 by people licensed to carry concealed weapons in incidents that did not involve self-defense.
“The examples we have collected in our Concealed Carry Killers database show that with alarming regularity, individuals licensed to carry concealed weapons instigate fatal shootings that have nothing to do with self-defense,” said VPC Legislative Director Kristen Rand in a statement on the center’s website.
The facts notwithstanding, the National Rifle Association and its allies across the country are busy pressing friendly legislators to expand the wild frontier and permit firearms in ever more venues. The Georgia General Assembly, for one, is considering a measure to allow guns on the state’s college campuses.
That’s a recipe for more stupid confrontations like the one that has landed a retired police officer behind bars, charged with homicide, and a husband and father dead.
Cynthia Tucker, The National Memo, January 18, 2014
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