Spring 2016

Essay 2: ANALYSIS OF THE CRIMINAL DEFENSE

Name: Gina I. Medina

Due Date: March 20, 2016

 

In reading the scenario, my argument is that the male was the aggressor and was wrong for getting in the intoxicated woman’s face as well as punching her in the gut.  “A person verbally threatened by another is not justified in striking the other party with his fist.”  (Siegal, L. & Worrall, J, 2016, p. 146) When the intoxicated woman insulted his girlfriend, she posed no imminent danger, nor is an insult in any way a threat. By the male’s actions in attempting to make the intoxicated woman apologize for insulting his girlfriend, caused her to retreat so she was not within his arms reach. She actually backed up a few steps to retrieve her space. By her doing this, shows she feared the man of doing her harm.  In defending herself, she took out her nail file from her purse. According to text book page 147, the key provisions of Florida’s law, number three (3) states that “A person who is not engaged in unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.” (Siegal, L. & Worrall, J, 2016, p. 147)

In other words, if he felt as though harm or death was imminent, why would he move close enough for the intoxicated woman to stab him with a nail file? Why not just leave? Instead, he took the chance and stepped toward her and hit her in the gut.  He gave her a motive because he assaulted her and opportunity to stab him with her nail file. “To establish self-defense, the defendant must prove that s/he acted in a reasonable belief that s/he was in imminent danger of death or harm and had no reasonable means of escape from the assailant.” (Siegal, L. & Worrall, J, 2016, p. 146) He could have exited the club with no incident. He did not act in self-defense because he violated the intoxicated woman’s space and although she said insulting things about his girlfriend, she never posed a physical threat until he got in her face and demanded that she apologize. Had he not got in her face, she would not have felt the need to pull out the nail file to defend herself.   

However, the stand-your-ground approach is more likely to escalate violence because there are some people that are misinterpreting the stand your ground law and using it the wrong way. Some people get bold and feel as though they are invincible and begin to use the stand your ground law as a cover up for when they decide to act on impulse.  “In the State of Florida vs. Michael Dunne case, Michael Dunne fired multiple shots into a vehicle killing Jordan Davis, a seventeen-year-old teenager because he and some friends were listening to loud music in their car, while at the gas station. This man apparently felt that he can use the stand your ground defense by claiming the boys were coming at him with a gun and he feared for his life. Police found no firearm on or near the teens and witnesses said that Michael Dunne was the only one that got out of the car.  He felt by making that accusation about the teens that he would be protected by the stand your ground law and was comfortable enough to go and eat pizza with his girlfriend.”  (Holland, 2014) Also, many people are not trained in shoot or don’t shoot tactics so it also becomes a matter of negligence. “A Colorado Springs father fatally shot his teenage step-daughter, saying he thought she was a burglar.  This is one of several incidents in which a parent has killed their own child after they mistook them for a burglar.” (Flatow, 2013)

Furthermore, “The debate focused on the controversial “Stand Your Ground” (SYG) self-defense law, which garnered national attention after the fatal shooting of Florida teenager Trayvon Martin in February 2012. Twenty-two states now have some variation of SYG law. Attorney General Eric Holder has said he will actively pursue the repeal of SYG laws because such laws “senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods." Legal and policy experts will debate Holder’s call for the repeal of SYG laws, and then participate in a Q&A session with the audience.” (Cuomo, 2014)

            I would modify the stand-your-ground law because a civilian cannot be expected to know how to handle a firearm with no firearms training. It’s not about just aiming and shooting. It is about knowing your surroundings before you shoot and when and if you should shoot. “Pennsylvania State Constable Clarke Steele, a law enforcement officer tasked with carrying out orders from the judicial system, came to enforce the eviction order. Police allege Meyer first opened the front door, then shut it. He then reportedly re-opened the door armed with a rifle, pointing it at Steele. In response, Steele fired his gun at Meyer, but the bullet exited through Meyer’s left arm, travelling to Ciara, Meyer’s 12-year-old daughter, who was standing behind him. Ciara was home sick from school. She was pronounced dead at the scene.” (Dunn, 2016)

In conclusion, my argument is if the situation mentioned above can happen to a trained law enforcement officer, it can happen to anyone, most often to someone without firearms training. We don’t need any more of our loved ones killed by stray bullets or in an attempt to protect oneself or their home. With experience as a law enforcement officer and an active Private Investigator, I am required to requalify with my firearm twice a year. Training is necessary for us. However, with my Florida weapons license, I am not required to have training, only a one time course which allows you to remain licensed for seven years. If you are giving residents a license to use a firearm without yearly training requirements, then you are giving them a license to kill!

References

 

Cuomo, A. (2014, April 22). https://gspp.berkeley.edu/events/webcasts/policy-debate-stand-your-ground-law. https://gspp.berkeley.edu/events/webcasts/policy-debate-stand-your-ground-law. Berkley: University of California, Berkley.

Dunn, S. (2016, January 11). Girl 12 fatally shot by Pennsylvania Constable serving eviction notice. http://wnep.com/2016/01/13/girl-12-fatally-shot-by-pennsylvania-constable-serving-eviction-notice/.

Flatow, N. (2013, December 24). Father Shoots And Kills 14-Year-Old Daughter, Saying He Mistook Her For Burglar. http://thinkprogress.org/justice/2013/12/24/3102541/father-shoots-kills-14-year-daughter-saying-mistook-burglar.

Holland, J. (2014, February 4). Florida Man Uses Stand Your Ground Defense in Killing of Black Teen Over Loud Music. http://billmoyers.com/2014/02/04/florida-man-uses-stand-your-ground-defense-in-killing-of-black-teen-over-loud-music.

Siegal, L. & Worrall, J. (2016). Introduction to Criminal Justice 15th Edition. Belmont, Ca: Cengage Learning.