As a maker of law, know the law
State Senator Campfield: I have goten a few questions on if Tennessee has a “Stand your ground” policy. As I recall I am pretty sure we do have it in Tennessee.
Yes, we do. Some details here. You even sponsored it.
Remember, I do this to entertain me, not you.
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March 30th, 2012 at 11:06 am
From the WaPo:
Even opponents of the law, analyzing FBI data, find that it has been working as intended!
Oddly enough, the WaPo editorial writers somehow find that justifiable homicides going up is a bad thing.
March 30th, 2012 at 11:16 am
Stand Your Ground (Florida) is a good law. It doesn’t give a “License to Kill” like many of the anti-self defense liars are saying. The immunity only applies in cases where there is NO PROBABLE CAUSE to belive that the use of force was unlawful. Why would it be a good idea for the police to arrest ANYONE for ANYTHING if there is NO PROBABLE CAUSE that a crime was committed?
It looks like SYG TN works the same way.
s
March 30th, 2012 at 11:55 am
I was just not sure if it went as far as the Florida law did. I think ours was a little different, but again I was doing this from memory.
March 30th, 2012 at 11:56 am
Cut me a little slack. It has been 5 years.
March 30th, 2012 at 12:06 pm
Oh Snap!
March 30th, 2012 at 12:23 pm
heh. Will do 🙂
March 30th, 2012 at 1:02 pm
I find that odd too, the contention that an increase of justifiable homicides necessarily means “more criminals are ‘getting away with murder’.”
To make that claim they need to show both numbers; if -overall- homicides, of all types, are stable or decreasing, with only the percentage found to be justifiable increasing, that leads to two plausible hypothesis, which only a case by case analysis can test.
1) Homicides that, in all other circumstances but “proof beyond a reasonable doubt”, are obviously criminal (bangers killing bangers while bangin’) are now being found to be justifiable thus “bad guys” are indeed “getting away with murder”*, or
2) Homicides that, in all other circumstances were obviously justifiable (law-abiding citizen attacked by violent felon, nut job, drunk, etc.) except for the prosecutor choosing to push the “duty to retreat” in front of a grand jury, are now being properly treated as lawful and thus “good guys” are no longer being prosecuted unjustly.
Without the overall homicide numbers for the years in question the “increase in justifiable homicides” is statistically meaningless and impossible to give context to.
* – Obviously if the elements of the crime can’t be proven no one is “getting away” with anything. No proof, no guilt in the American system of justice, regardless of what the prosecutor claims to “know”. Relying primarily on strained post facto claims of what someone should have thought of and tried to do retreat-wise is evidence the rest of your case is weak and probably shouldn’t be brought at all.
March 30th, 2012 at 1:19 pm
As a lawyer, I am embarassed to admit that, although I knew a presumption arose in the case of someone being in one’s home or vehicle, I didn’t know that the law eliminated the ridiculous duty to retreat.
I don’t look for trouble and would be quite inclined to walk away for the reasons Tam’s espoused by linking to a recent post about the trouble one can bring on by standing his or her ground (e.g. Zimmerman).
But there is something quite unAmerican about requiring one to retreat.
I don’t drive aggressively, I don’t flip people off, I mind my own business and I don’t go to bars (except on rare occasions to hear a band).
But telling me I have to run if someone tries to hurt my wife or me is ridiculous.
March 30th, 2012 at 2:02 pm
Matthew Carberry,
I think you are ignoring the fact that they are anti-self defense. They would rather someone DIE than fight back, and would like to stomp out any inclination of fighting back that still exists in the populace. While I think you assessment is probably as good, if not better than anyone else’s, they would just say “But it’s people getting KILLED! How can you want people to be KILLED!”
Yes, they are that stupid.
s
March 30th, 2012 at 3:27 pm
The senator had to re-read the bill to find out what was in it.
March 30th, 2012 at 5:10 pm
Stuart: Can’t have the peasants getting outta hand, don’cha know.
March 30th, 2012 at 11:16 pm
Hey now there’s a chance, as microscopic as it may be, that this may have been deadpan snark.