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sonofghandi
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15 Aug 2014, 8:05 am

The American Bar Association's National Task Force on Stand Your Ground Laws preliminary report and recommendations.

Presented without comment.

http://www.abajournal.com/files/GunReport.pdf


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Jacoby
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15 Aug 2014, 11:24 am

SYG favors victims at the expense of aggressors, it should be a deterrent to those that initiate force against another. It is hard to work up much sympathy for a would be home invader or rapist or whoever.



sonofghandi
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15 Aug 2014, 11:39 am

The thing is, SYG laws have nothing to do with defending your home. You have no real duty to retreat when in your home (with exceptions in a few states, most of which are lacking in SYG laws to begin with). SYG specifically applies to public spaces. I most certainly agree with the intent of the law, but the way the laws are written and applied are quite flawed and they seem to have the opposite effect that they should.

The gist of the report is:
Almost all defense lawyers are in favor of SYG laws, most Republicans are in favor of most aspects of SYG laws, most police and prosecutors are against most aspects of SYG laws, and most Democrats and almost all civil rights groups are against SYG laws.

Other than that, the report found that homicides slightly went up in states with SYG laws, with higher increases in states eliminating any civil liability for injuring/killing innocent bystanders (although it is argued by some that the reason is more criminals being killed).

It also found evidence supporting the idea that criminals were using the SYG laws as much as or more than non-criminals (although that part is mostly anectdotal evidence based on police testimony, with one local analysis supporting t in a limited population dataset).

In a nutshell, the report found that more study is needed and that SYG laws should be revisited and revised.


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15 Aug 2014, 11:56 am

1. The study shamelessly wastes little time making SYG a racial issue.

2. The study was done by the ABA which makes it kind of a no-brainer. SYG reduces the number of criminal and civil trials in the wake of a justified defensive shooting therefor reducing the need for attorneys. Obviously SYG is breaking the collective rice bowl of practicing trial lawyers and their teams. Lawyers are some of the greediest and most conniving MFers to walk the face of the earth.

3. The OP has repeatedly demonstrated himself to be an anti-gunner who claims not to be an ant-gunner under the guise of concern that if we don't adopt his draconian gun control measures (i.e. gun registration, compulsory safety training, special controls on "assault weapons", etc....) that worse measures will follow in the wake of the next massacre. Call #3 an ad hominem attack on my part but the track record of the OP speaks for itself and makes it more a case of calling a pigs ass pork.

Honestly, I did not even read the entire thing but its tone and intent throughout are clear enough.......


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sonofghandi
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15 Aug 2014, 12:27 pm

Raptor wrote:
1. The study shamelessly wastes little time making SYG a racial issue.

2. The study was done by the ABA which makes it kind of a no-brainer. SYG reduces the number of criminal and civil trials in the wake of a justified defensive shooting therefor reducing the need for attorneys. Obviously SYG is breaking the collective rice bowl of practicing trial lawyers and their teams. Lawyers are some of the greediest and most conniving MFers to walk the face of the earth.

3. The OP has repeatedly demonstrated himself to be an anti-gunner who claims not to be an ant-gunner under the guise of concern that if we don't adopt his draconian gun control measures (i.e. gun registration, compulsory safety training, special controls on "assault weapons", etc....) that worse measures will follow in the wake of the next massacre. Call #3 an ad hominem attack on my part but the track record of the OP speaks for itself and makes it more a case of calling a pigs ass pork.

Honestly, I did not even read the entire thing but its tone and intent throughout are clear enough.......


1. The report, which contained multiple studies, quite clearly showed that the race of the person utilizing SYG laws was not a factor, but that the race of the victim was.

2. The invocation of SYG laws does nothing to reduce case loads. These cases still enter the legal system. A several points within the report it mentions the fact that SYG laws cause the police to pass cases along to the legal system without doing any investigation. The increase in SYG cases would also argue against this line of reasoning.

3. For the 10 billionth time, I don't want to take away your guns. I don't even want to eliminate SYG laws. I do want to see them fixed, though. The majority of my criticisms involving this issue are based on fixing and/or replacing laws.

If you bothered to read it, the task force does not call for elimination of SYG laws; it calls for revision (which is my view on this particular aspect as well).

But if you want to play this game (again), then I will play this game (again).


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Jacoby
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15 Aug 2014, 12:54 pm

sonofghandi wrote:
The thing is, SYG laws have nothing to do with defending your home. You have no real duty to retreat when in your home (with exceptions in a few states, most of which are lacking in SYG laws to begin with). SYG specifically applies to public spaces. I most certainly agree with the intent of the law, but the way the laws are written and applied are quite flawed and they seem to have the opposite effect that they should.

The gist of the report is:
Almost all defense lawyers are in favor of SYG laws, most Republicans are in favor of most aspects of SYG laws, most police and prosecutors are against most aspects of SYG laws, and most Democrats and almost all civil rights groups are against SYG laws.

Other than that, the report found that homicides slightly went up in states with SYG laws, with higher increases in states eliminating any civil liability for injuring/killing innocent bystanders (although it is argued by some that the reason is more criminals being killed).

It also found evidence supporting the idea that criminals were using the SYG laws as much as or more than non-criminals (although that part is mostly anectdotal evidence based on police testimony, with one local analysis supporting t in a limited population dataset).

In a nutshell, the report found that more study is needed and that SYG laws should be revisited and revised.


SYG is the Castle Doctrine expended to any space you have the legal right to occupy, the right to self defense is absolute and should apply anywhere necessary.

I don't believe there is any definitive proof to the idea SYG increases homicides, correlation does not imply causation. There is also no way to quantify how much SYG is a deterrent either but it is common sense that a criminal might think twice about victimizing someone if they know their victim has the right to defend themselves with deadly force.

The racial aspect I don't think there is enough proof, I think there probably isn't too big of a sample size and to just look at who invokes SYG successfully against whomever broken down by race doesn't give a full story or explore all explanations. Furthermore, it doesn't prove a problem with the law but a systemic problem with the court system which can misapply any law.



Last edited by Jacoby on 15 Aug 2014, 1:03 pm, edited 1 time in total.

Raptor
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15 Aug 2014, 1:01 pm

sonofghandi wrote:
1. The report, which contained multiple studies, quite clearly showed that the race of the person utilizing SYG laws was not a factor, but that the race of the victim was.

The term victim is often used to paint the person shot in self defense. Go back and read the debates we had here about the Treyvon Martin / George Zimmerman fiasco just as one example.

Quote:
2. The invocation of SYG laws does nothing to reduce case loads. These cases still enter the legal system. A several points within the report it mentions the fact that SYG laws cause the police to pass cases along to the legal system without doing any investigation. The increase in SYG cases would also argue against this line of reasoning.

If it eliminates a significant number of trial$ it eliminates the need for as many attourney$

Quote:
3. For the 10 billionth time, I don't want to take away your guns.

Yeah, like that's causing me to lose sleep. :roll:
The anti-gunner's mantra: "We're not trying to take everyone's guns, we're just trying to implement some common sense controls to keep dangerous people from obtaining dangerous weapons so easily."

Quote:
I don't even want to eliminate SYG laws. I do want to see them fixed, though.

Just whittle them down to where they are virtually non-existent, eh?.

Quote:
The majority of my criticisms involving this issue are based on fixing and/or replacing laws.

? Registration
? Compulsory safety training that targets gun owners only
? Special controls on "assault weapons"

Did I forget anything?
Quote:
If you bothered to read it, the task force does not call for elimination of SYG laws; it calls for revision (which is my view on this particular aspect as well).

It's about butthurt lawyers using race disproportion to further their agenda. If I did read the whole thing (and I might eventually) it's pretty much a given that my criticism will be even more scathing.

Quote:
But if you want to play this game (again), then I will play this game (again).

You started the "game" by opening this thread. I was hoping it would just sink to the bottom without anyone replying but someone did and now the ball is rolling.


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luanqibazao
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15 Aug 2014, 1:08 pm

Raptor wrote:
ant-gunner


I want a gun which shoots a stream of live ants. It would be more of a deterrent than the kind which shoots bullets. Ick.



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15 Aug 2014, 1:34 pm

http://www.thetruthaboutguns.com/2014/0 ... n-control/

The ABA is now an openly gun control supporting group, treat their studies appropriately.


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15 Aug 2014, 1:48 pm

Here is a figure showing the racial disparities in SYG defenses in homicide cases.

Image

I got it from the following link:
http://www.pbs.org/wgbh/pages/frontline ... ound-laws/

The ABA report uses a slightly different figure - see page 21-22 - but it is based on the same data from the same author (John Roman from the Urban Institute).



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15 Aug 2014, 3:01 pm

I fully support SYG and I don't think it's the laws themselves that are the problem, but an ever present implicit racial bias in our justice system. There was a case of a black woman who probably should have been covered under SYG, but got convicted and sentenced to 20 years in prison.


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Raptor
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15 Aug 2014, 3:59 pm

beneficii wrote:
I fully support SYG and I don't think it's the laws themselves that are the problem, but an ever present implicit racial bias in our justice system. There was a case of a black woman who probably should have been covered under SYG, but got convicted and sentenced to 20 years in prison.

If you can post a link to that it would be worth reading.


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Jacoby
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15 Aug 2014, 4:18 pm

Raptor wrote:
beneficii wrote:
I fully support SYG and I don't think it's the laws themselves that are the problem, but an ever present implicit racial bias in our justice system. There was a case of a black woman who probably should have been covered under SYG, but got convicted and sentenced to 20 years in prison.

If you can post a link to that it would be worth reading.


I believe she is referring to the Marissa Alexander case, same prosecutor as George Zimmerman trial. Instead of killing her abusive husband she shot a warning shot which is apparently not covered under SYG in Florida, she got convicted and sentenced to 20 years.



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15 Aug 2014, 8:59 pm

Jacoby wrote:
Raptor wrote:
beneficii wrote:
I fully support SYG and I don't think it's the laws themselves that are the problem, but an ever present implicit racial bias in our justice system. There was a case of a black woman who probably should have been covered under SYG, but got convicted and sentenced to 20 years in prison.

If you can post a link to that it would be worth reading.


I believe she is referring to the Marissa Alexander case, same prosecutor as George Zimmerman trial. Instead of killing her abusive husband she shot a warning shot which is apparently not covered under SYG in Florida, she got convicted and sentenced to 20 years.


Assuming that's who beneficii is talking about, I went and looked it up. From what little I've seen so far it looks like total BS. She fired one round that didn't even hit anyone and got 20 for it. :x


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15 Aug 2014, 9:25 pm

What?Someone can do time for a warning shot?!? 8O
They'd have to lock half this state up.


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15 Aug 2014, 9:28 pm

I remember that case, but didn't know that the woman was black. Discharge within the city limits is usually illegal. We've had a few kids killed in Minneapolis by stray bullets, so it wouldn't be surprising if some states have draconian punishments for firing.

We have tons of laws on the books that are really inconsistent. For example, we just locked a few kids up for murder after they gave synthetic drugs to their friends. We're talking decades in prison here. Nevermind that legal drugs like alcohol are also dangerous, or that a deliberate assault leading to death can result in a much shorter sentence. Kids jump off of bluffs into shallow rivers all the time, and I would guess that the risk of death is similar. Should we charge the friends who egged them on with murder?



Last edited by NobodyKnows on 16 Aug 2014, 11:30 am, edited 1 time in total.