Showing posts with label Stand Your Ground Laws. Show all posts
Showing posts with label Stand Your Ground Laws. Show all posts

Monday, February 02, 2015

Why Prosecutors, Judges and Defense Lawyers fail to Understand Lawful Self-Defense

Los Angeles, CA—In this part of the world where the Second Amendment is redundantly denounced people fall victim to all manner of assaults.  When people refuse to be victims and fight for their lives the Criminal Justice System sometimes takes on an evil role.
We must begin with the players in the criminal justice system.  They are all lawyers.  Over the last four decades I’ve met and worked with a great deal of these lawyers. 
Only a tiny percentage was ever soldiers, cops or any kind of combatants.  They usually have zero firearms experience beyond watching a Hollywood created shooting.  Specifically, that scene where a person fires a gun at another causing the hapless victim to fly backwards over a car and then through a plate glass window.
Nearly all lawyers are gun rights hating liberals that simply don’t understand that guns save lives.  They’ve been brainwashed their whole lives and during their formal education.
Lawyers are by nature intellectual bookworms that have avoided always violence or being around violent people outside their law practices.
Most lawyers come from upscale families and have enjoyed living in safe communities and have never been confronted by criminal assault or even a schoolyard brawl.
Because of their positions in the Criminal Justice System these lawyers delude themselves into thinking they’re experts on the violence they sort out in courtrooms.  Frankly lawyers are far too often the blind leading the blind on cases where justifiable deadly force is involved.
Most shooting for example happen within seconds, at arms length and are not caught on tape.  Twisting bodies moving at breakneck speed, reflexes and fear makes understanding exactly what happened sometimes nearly impossible.
When you add the lies of the participants, witnesses and others falsely claiming to have seen the incident getting to the truth is nearly impossible.
I found that even the victim’s that succeed in surviving a deadly attack by using deadly force often lie to police in order to exaggerate their self-defense claims.  
Wow!  How can these cases be fairly examined, prosecuted or tried?  The answer is monumental and life-changing mistakes are the rule rather than the exception.
Remember forcing a person that justifiably used deadly force to survive to be tried by a jury inflicts massive punishment even if there is an acquittal.
Those accused often lose their life savings, homes, jobs, marriages, friends and reputations while waiting sometimes years to clear their names at a trial.  Bankruptcy becomes necessary further victimizing those wrongly accused.
I’ve seen decent middle-class people who were acquitted leave jail to begin life again in a homeless shelter! 
Prosecutors must take responsibility and understand that the accused must be given the benefit of the doubt.  They can’t cave into demands by family members or community groups for prosecution. 
Prosecutors routinely wash their hands in the accused’s blood somewhat like Pontius Pilate.  They simply shrug their shoulders and say, “Let’s let a jury decide.”
Prosecutors have a very real conflict of interest since the fewer cases they file means a smaller budget and restricting their chance for advancement.  Bankrupting those innocents they can’t convict is a vicious and heartbreaking reality.
Defense lawyers need to recognize their own ignorance and seek out investigators and experts that can actually reconstruct the violent event.
Reflexes, size, strength disparity and coordination of the combatants along with genuine fear and survival instinct all play a part in a violent event and must be weighed.  
In the end we use the reasonable man standard to determine justification.  That includes the reasonable fear involved a violent event. 
I have to ask why any prosecutor would concern himself or herself with some aggressive fool that lost his life trying to victimize another.  That aggression should be the solid evidence of doubt benefiting the accused.
Defense lawyers have a duty to put aside their negative views on weapon and self-defense.  They must recognize their job to protect the rights of their clients to things like Castle Doctrine and Stand Your Ground Laws.

Monday, May 28, 2012

Was it a Stand Your Ground Law, or Darwin’s Law That Killed your Bully Son?

Grieving parents of thugs everywhere seem to relentlessly whine and carp when someone seriously hurts or kills their thuggish son.   Yes, it’s nearly always a son because daughters are rarely involved in these things.   Many parents want their sons to appear tough and fearsome and don’t discourage their violent manifestations.  
It’s really not too much to ask young men to keep their hands and weapons to themselves.  Those that can behave, never wind up dead or in the hospital because a victim hurt them that they were assaulting.  
Some 21 states adopted the so-called Stand Your Ground or similar Castle Doctrine laws.   In these states thugs that terrorize others can simply be shot or stabbed dead by their intended victims.  These laws protect the weak, elderly and women from being over-powered and severely injured or worse.  What’s wrong with that? 
Too many young males are involved in risky behavior much of it fueled by alcohol or illegal drugs.   Why should anyone have to submit to a severe beating by a bully?  However there are those that want the law to take the risk out of intimidation, assault and battery.  But I ask, what about the risk to the thug’s innocent victims? 
As a cop or now a defense investigator I have seen many cases of so-called road rage and similar events that begin with a minor transgression.  When the man (and it’s usually a man) over-reacts to the transgression a middle finger salute is too often displayed.  From there things escalate to injury or death.  In many jurisdictions the losers go to the hospital or morgue and the winners to prison.  I’ve learned that the middle finger can be a killer.
Why should we protect those that let their tempers slide into assaulting others?   If someone makes a decision to unlawfully attack another, they always deserve what they get.  
If you examine this issue in its simplest form, its nature’s law not man’s law that’s involved here.  We all have been given the gift of fear and the instinct for survival.  We will nearly always engage in flight or fight so that we can live another day.  This is really so much more about bullies being victims of Darwin’s Law, not those Stand Your Ground laws.








Monday, April 30, 2012

Concealed Carry, Castle Doctrine, Stand Your Ground Laws Protect the Elderly, infirmed and Women


Trayvon Martin, the 6'2" bully

The case of Trayvon Martin losing his life while attacking George Zimmerman has brought the debate of concealed carry and various laws regulating uses of deadly force in the court of public opinion.
In Chicago two African-American public school teachers were caught on cell phone video telling students that the NRA wants to murder little “porch monkeys.”  That hogwash was and is nothing less than outrageous, racist and divisive propaganda.  Politicians tax us to pay for this kind of education?  I thought it was more important that children learn how to read and write? Certainly that’s not the case in Chicago! 
Many Americans are pacifists or gun rights haters and can’t accept the right the founding fathers gave us all to defend families and ourselves.   That is the law of the land and a simple majority cannot nullify the constitution.   That has never prevented politicians from saddling us with unenforceable laws barred by the Bill of Rights.
The bullies of the world hate surprises.  They want to carefully pick their targets they know don’t have a chance to defeat them.  Bullies everywhere are discovering that many of their intended victims are packing heat, the hard way.  In the vast majority of the cases a shot is never fired but the bully’s fun is stopped cold.
The fact is concealed carry has given the elderly and women a solid and meaningful survival option.  Over the last 50 years state and local governments demanded that the weak had to submit to rape, robbery and murder.   The carrying of a weapon for self-defense would stigmatize them with a lifetime criminal history.
Laws preventing the bearing of arms can victimize only law-abiding and productive taxpayers.  If arrested or convicted they lose their jobs and business licenses.
A concealed weapon conviction has always had a no effect on dangerous criminals.  Amazingly these charges are the ones used to offer sweetheart plea bargain deals.  They dismiss felony charges for a guilty plea on a misdemeanor gun pinch. The criminal is then free to victimize many more people!
Gun control has always been counter-productive in America.  The locations with the most draconian gun laws always grow more violent with each new gun law. The jurisdictions with minimal gun prohibitions never see an increase in violence and on the contrary crime has been reduced.
We must legalize self-defense to protect the weakest members of our society.  They are our parents, wives and daughters.  We must end the un-American policy of requiring victims to prove they were acting in self-defense return the burden of proof where it belongs.
Stand your ground laws guarantee that nobody has to turn his or her backs on an attacker and become even more vulnerable.  What about the intended victim with bad feet who can’t run or a woman in high heels? 
This is really more about ending the tolerance of criminals that cannot seem to keep their stinking hands to themselves. Why must we continue to accept that kind of criminal act?  Frankly we need to let them suffer the consequences of Darwin’s Law.  


Wednesday, April 11, 2012

Violent Criminals and their Families Hate Stand Your Ground Laws

Los Angeles, CA--In light of the recent shooting death of Travon Martin a criminal minority of people are demanding an end to the Stand Your Ground laws throughout the nation.

For it's only criminals that need their victims unarmed and afraid. Yes, they're learning that criminals can be killed too and that assaulting others now can be a very dangerous endeavor.

Only criminals, bullies, their families and friends could support laws that prevent, particularly older, smaller or weaker folks from a meaningful way to defend themselves. If victims don't appear weak or small, groups of thugs will appear and overpower them.

It is really very simple rather than risk death or injury, thugs need to learn to keep their filthy hands to themselves. Only then they will find themselves unconcerned with Stand Your Ground laws.

We need to bring an absolute end to governments holding crime victims down while criminals rape rob and murder them. What could possibly be so objectionable about that?

There're certainly are a number of grieving single mothers mourning the loss of their not so little thugs. Perhaps if they were better parents, their children would not be out committing these crimes. The problem is really one of a violence culture that remains unchecked in so many inner-city communities.

There can be no excuse or forgiveness for assaulting or otherwise injuring others. Government has no business shielding dangerous criminals from law-abiding citizens protecting themselves and their families.

Unfortunately, inner-city, African-Americans are particularly fond of physical violence to solve their disputes or to take property from others. They must be forced to conform to the same laws and culture as the rest of society.

There is no place for criminal assault in a civilized society. Perhaps with a few thousand additional Trayvon Martins being sent so their makers, thugs will learn how to keep their hands to themselves