Wednesday, March 21, 2012

Stand Your Ground authors: Trayvon Martin’s shooter should likely be charged, avoid immunity - Florida - MiamiHerald.com

First,  we must remember that everyone in this country is innocent until proven guilty. The NY Times, Miami Herald, and most news media networks forget this when it comes to incidents like this. A media indictment and conviction fits the anti-gun template. Second, the "Castle Doctine" and "Stand Your Ground" laws make for good law and government policy. Citizens should not face criminal indictment and prison for defending themselves against violent attack. Third, the shooter in this case will likely have to face a criminal trial, because if you believe what has been reported in the news media (always a tricky thing to do), then the facts as presented so far do not support a legal defense for use of deadly force and a criminal prosecution should proceed in Florida state court. Fourth, if he is guilty he should be punished, but that is not a reason to alter or repeal "Castle Doctrine" and "Stand Your Ground" laws. To do so would be an emotional overreaction rather than thoughtful consideration of the value of such laws. Fifth, do not forget the political angle to this incident. Politicians and the news media often use such isolated incidents to make changes to law and public policy by appealing to the emotional response of the public rather than making rational decisions on effective public policy. Sixth, even though there is a local police investigation still underway, and Florida Gov. Scott has authorized the FDLE to assist in the local investigation, the Attorney General Eric Holder has now ordered the US DOJ and FBI to investigate based on a civil right violation. This is a classic political overreaction. No question the DOJ/FBI can investigate, but why consider a federal prosecution when this is clearly a state case. If after a state trial in Florida, the DOJ thinks the case was not handled properly they could then proceed with a federal prosecution.

Stand Your Ground authors: Trayvon Martin’s shooter should likely be charged, avoid immunity - Florida - MiamiHerald.com