Tuesday, July 16, 2013

So You Want To Live In Florida

Only in Florida…
George Zimmerman kills a person and is found not guilty
Marissa Alexander shoots a ceiling and gets 20 years in jail
Why did Marissa Alexander get a 20-year sentence despite invoking ‘Stand Your Ground’?
MSNBC
Morgan Whitaker
07/14/2013

Alexander, an African-American Florida woman, was sentenced to 20 years in prison in 2012 for shooting what she described as warning shots into a wall during a confrontation with her husband. Alexander’s lawyers claimed self-defense in the case, and said her husband had a history of abuse in their relationship. They invoked Florida’s “Stand Your Ground” law, which gives people the right to use lethal force if they feel their life is threatened. The jury ultimately sided with prosecutors in deciding Alexander’s actions were not in self-defense, WJXT reported.

Her sentencing fell under the guidelines of what’s known in Florida as the “10-20-Life” law, which set certain mandatory minimum sentences for crimes committed with a firearm. The law enacted in 1999 requires that any crime committed with a gun earns the perpetrator a minimum ten year sentence, as the Florida Department of Corrections explains. If the firearm is discharged, the convicted will receive a 20-year minimum sentence, and if shots fired from the gun injure or kill anyone, the minimum sentence is 25-years to life.
The moral to the story is as obvious as black and white.

PBS last year researched racial bias in “Stand Your Ground” laws last year in the states where they have the law…
Is There Racial Bias in “Stand Your Ground” Laws?
July 31, 2012, 12:40 pm ET by Sarah Childress

At least 20 states have laws with provisions that don’t require civilians to flee from an intruder before fighting back, according to the National Conference of State Legislatures. Of those, eight states, all of them in the south, specifically use the phrasing, “Stand Your Ground.” That includes Florida.
[…]
At least 20 states have laws with provisions that don’t require civilians to flee from an intruder before fighting back, according to the National Conference of State Legislatures. Of those, eight states, all of them in the south, specifically use the phrasing, “Stand Your Ground.” That includes Florida.
[…]
Using this analysis, Roman found that a greater number of homicides were found justified in Stand Your Ground states in all racial combinations, a result he believes is because those states yielded more killings overall.

Roman also found that Stand Your Ground laws tend to track the existing racial disparities in homicide convictions across the U.S. — with one significant exception: Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings. In non-Stand Your Ground states, whites are 250 percent more likely to be found justified in killing a black person than a white person who kills another white person; in Stand Your Ground states, that number jumps to 354 percent.


In Florida, for example, if a shooter invokes the Stand Your Ground law, police can determine whether to make an arrest when they arrive on the scene. If they do arrest him, the suspect then appears before a judge who determines whether Stand Your Ground applies to the case. If it does, the prosecutor then decides whether to go to court.

The system offers substantial discretion to authorities at every level, which is much more difficult to monitor and evaluate — and much more vulnerable to creeping bias.

That’s why the U.S. Commission on Civil Rights announced last month that it would investigate concerns about racial bias in the law’s application.
So do you still want to live in Florida or another state with “Stand Your Ground” laws? But on the other hand, if you are white I guess it is OK.

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