Tuesday, July 30, 2013
Good afternoon to all of our friends.
In this article, I argue that the SYG statutes violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment because they are being used to justify and, in effect, license and encourage race-based murders of young black males.
The law of Self-defense
A person can use force, which would otherwise be unlawful, in order to prevent an aggressor from injuring them or someone else. However, they cannot use excessive force, which is defined as the use of force that exceeds the amount of force necessary to prevent being injured.
If a person uses excessive force against an aggressor, the aggressor can use force in self-defense, including deadly force, if necessary, but only if they first offer to quit the attack and withdraw or attempt to withdraw from the fight.
When can a person use deadly force in self-defense?
A person can use deadly force in self-defense or defense of another person, if they believe they are in danger of suffering imminent death or grievous bodily injury.
However, unless a person is inside their castle (i.e., their home), they have a duty to retreat or attempt to retreat before using deadly force. There is no duty to retreat before using deadly force, if a person is inside their castle.
Stand-your-ground (SYG) statutes eliminate the duty to retreat or attempt to retreat before using deadly force outside the castle. In effect, a person takes their castle with them when they leave the home.
As I have said before, this is not a new concept. The western states eliminated the duty to retreat from their laws when they became states and joined the union.
Subjective belief versus Objective reality
Notice that the word “reasonable” is missing from the set of rules that I have provided. I intentionally omitted that word to illustrate as dramatically as I can that (1) a person’s perception of a threat and (2) their decision to use force in self-defense, including deadly force must be objectively reasonable.
In other words, would a reasonable person (i.e., the objective prong of the test) in their situation, knowing what they know about the aggressor (i.e., the subjective prong of the test) believe the use of deadly force was necessary to prevent imminent death or grievous bodily harm?
If the answer to that question is “yes,” the use of deadly force is lawful.
If the answer to that question is “no,” the use of deadly force is unlawful.
The effect of Racism
Racism is not reasonable. A belief that all young black males are thugs or thug wannabees looking for an opportunity to become a thug is a racist belief, no matter who believes it.
It should be acknowledged for what it is; namely, an insane delusion.
When a defendant charged with murder or manslaughter and one or more jurors in that defendant’s case believe that the victim, for example a Trayvon Martin or a Jordan Davis, is a thug or thug wannabee looking for an opportunity to become a thug, no one should be surprised when that juror or those jurors vote “not guilty.”
After all, racists are unreasonable people who regard their prejudiced beliefs as reasonable. They are going to vote “not guilty” because they regard their beliefs as reasonable and they will not understand why other people disagree with them. Instead, they are likely to brand as racist everyone who disagrees with them.
Therefore, the problem with the SYG laws is not that they abolish the duty to retreat before using deadly force in self-defense, which has been the law out west since the western states joined the union, the problem is that racists are commandeering juries and imposing their racist beliefs to acquit racist defendants who unreasonably decided that it was necessary to use deadly force to prevent suffering imminent death or grievous bodily harm.
I have referred to Trayvon Martin and Jordan Davis for illustrative purposes in this analysis. In both cases, however, I believe the defendants intentionally killed their victims and knowingly asserted false claims of self-defense hoping to get away with murder.
1. SYG statutes require more than a subjective belief by the killer that death or grievous bodily harm is imminent and the use of deadly force is necessary to prevent it from happening .
2. The additional requirement that people are ignoring is that the belief must be reasonable. In other words, would a reasonable person in the same situation perceive the same danger and respond the same way.
3. The reasonableness requirement is supposed to prevent a paranoid or otherwise delusional person, such as a racist, from getting away with murder.
4. The problem in Florida and many other parts of the country, particularly in the South, is that too many white people think it’s reasonable to believe that all young black males are dangerous thugs or thug wannabees looking for an opportunity to become thugs.
Statutes abolishing the duty to retreat before resorting to the use of deadly force in self-defense or defense of another person, are being used by racists to legitimize the murders of young black males.
Since these statutes are being used to justify and, in effect, license and encourage race-based murders of young black males, they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
Therefore, the SYG statutes are unconstitutional as applied and must be stricken.
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Fred and Crane-Station