{"id":23900,"date":"2011-10-21T12:00:58","date_gmt":"2011-10-21T17:00:58","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?p=23900"},"modified":"2012-03-23T16:59:57","modified_gmt":"2012-03-23T21:59:57","slug":"why-we-need-better-self-defense-laws-maybe","status":"publish","type":"post","link":"http:\/\/www.shotinthedark.info\/wp\/?p=23900","title":{"rendered":"Why We Need Better Self-Defense Laws.  Maybe."},"content":{"rendered":"<p>A\u00a0<a href=\"http:\/\/www.startribune.com\/local\/minneapolis\/132289623.html\">shooting \u00a0by reported carry-permit holder in South Minneapolis<\/a>\u00a0may just illustrate the problems facing the law-abiding citizen.<\/p>\n<p>We&#8217; come back to that. \u00a0First, the reported details:<\/p>\n<blockquote><p>A man was fatally shot Thursday night in south Minneapolis in what may have been a case of self-defense by another man who interrupted a robbery, police said.<\/p>\n<p>Just before 10 p.m., police got a 911 report that someone had been shot in a parking area behind the Super Grand Buffet restaurant about a block west of Cub Foods near the intersection of Lake Street and Minnehaha Avenues, according to police spokesman Sgt. William Palmer.<\/p><\/blockquote>\n<p>Among all the shootings that have plagued that neighborhood &#8211; which is, by the way, my old neighborhood &#8211; over the decades, this one is distinguished by one factor:<\/p>\n<blockquote><p>When police arrived, a man with a gun who said he had a valid concealed-weapon permit told them he had interrupted the robbery of a woman in her 60s. The man said that he chased the robbers, a male and a female, exchanged fire and killed the male robber.<\/p><\/blockquote>\n<p>And if you&#8217;re a normal person with a living soul (and, of course, all the facts check out), that&#8217;s all it takes; guy interrupts two pieces of vermin not just robbing but (according to some media reports) pistol-whipping an older woman; and gives chase. Robber turns to shoot the good samaritan; samaritan shoots first.<\/p>\n<p>But the Hennepin County Attorney&#8217;s office aren&#8217;t people &#8211; they&#8217;re prosecutors. \u00a0People who not only focus on the letter of the law, but the letters of the law that their bosses want empasized; they work for an office whose tacit purpose, run as it is by a DFL elected official, is to enforce DFL social policy, which is that only <del>urban thugs and<\/del> the police should have guns, and that we, the law-abiding, should be disarmed and docile.<\/p>\n<blockquote><p>Police took both the alleged female robber and shooter into custody while they investigate his account of the shooting. Two guns &#8212; one from the slain man, one from the shooter &#8212; were recovered, Palmer said.<\/p><\/blockquote>\n<p>On the one hand &#8211; especially if you&#8217;re a resident of a long-blighted neighborhood, or have ever had a grandmother &#8211; you can sympathize with the guy chasing the scumbags down. You might even root for the guy &#8211; I sure would.<\/p>\n<p>But there are two problems here:<\/p>\n<p><strong>Self Defense Law Starts Our Shooter Out With Two Strikes<\/strong>\u00a0&#8211; The problem with self-defense is that it is an &#8220;affirmative defense&#8221; &#8211; you&#8217;re saying &#8220;Yes, I killed the guy, but I have an excuse&#8221;. \u00a0In other words, you essentially\u00a0<em>plead guilty to murder<\/em>, and spend the trial process fighting that admitted guilt by proving four things:<\/p>\n<ul>\n<li><strong>You had reasonable fear of death or great bodily harm<\/strong>. No problem in this case (as reported): scumbag, who had just pistol-whipped a defenseless woman, points a gun at the samaritan. \u00a0It&#8217;s reasonable.<\/li>\n<li><strong>Lethal force was justified under the circumstances <\/strong>&#8211; Hello? \u00a0<em>It&#8217;s a gun<\/em>. \u00a0Two down.<\/li>\n<li><strong>You weren&#8217;t a willing participant in the incident <\/strong>&#8211; This is intended to prevent people from claiming self-defense after, say, bar fights. \u00a0This wasn&#8217;t (reportedly) a bar fight. \u00a0Any rational person gets this. \u00a0But some pencil-necked dweeb with big political ambitions who is trying to parlay a U of M Law degree into a political career, sitting in a nice warm office with metal detectors and cops protecting him, can decide &#8220;the letter of the law is you can <em>not <\/em>be involved in the scuffle first&#8221;, forcing the samaritan to spend his life&#8217;s savings defending himself at trial.<\/li>\n<li><strong>You made reasonable efforts to avoid using lethal force <\/strong>&#8211; And that same pencil-necked lawyer can say &#8220;he made NO effort to avoid shooting the alleged robber! \u00a0He <em>chased <\/em>the poor disadvantaged fellow!&#8221;.<\/li>\n<\/ul>\n<p>This &#8211; if all the facts are as reported, as I am assuming they are &#8211; is why we need more reforms to Minnesota&#8217;s self-defense laws like those proposed in the past several sessions by Tony Cornish. \u00a0A key reform would be to do what many states do, with great success; give self-defense the presumption of innocence until proven guilty; make the Assistant County Attorney <em>prove <\/em>the self-defense shooter <em>didn&#8217;t <\/em>meet the criteria of a self-defense shooting.<\/p>\n<p>&#8220;But that&#8217;ll make it easy for people to shoot each other over fender-benders! \u00a0Or because someone thinks they got the stink-eye!&#8221; \u00a0Nope. \u00a0Think of every non-justified shooting &#8211; like, second-degree murder &#8211; that you can remember. \u00a0Find one that that meets the four critera above. \u00a0Good luck with that.<\/p>\n<p>I&#8217;m going to hope that saner heads prevail in this case. \u00a0Of course, the Henco Attorney&#8217;s office has a long record of not having many of them, when it comes to the law-abiding citizen&#8217;s right to self-defense.<\/p>\n<blockquote><p><span style=\"font-style: normal; font-family: Georgia, 'Bitstream Charter', serif;\"><strong><br \/>\n<\/strong><\/span><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>A\u00a0shooting \u00a0by reported carry-permit holder in South Minneapolis\u00a0may just illustrate the problems facing the law-abiding citizen. We&#8217; come back to that. \u00a0First, the reported details: A man was fatally shot Thursday night in south Minneapolis in what may have been a case of self-defense by another man who interrupted a robbery, police said. Just before [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,17,22],"tags":[170],"class_list":["post-23900","post","type-post","status-publish","format-standard","hentry","category-crime-and-punishment","category-minneapolis","category-victim-disarmament","tag-evanovich-shooting"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23900","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23900"}],"version-history":[{"count":8,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23900\/revisions"}],"predecessor-version":[{"id":27030,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23900\/revisions\/27030"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23900"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}