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November 30, 2006

"Stand Your Ground" Coming to N.J.?

I'm tempted to say, "That'll be the day" -- but why be cynical. From NorthJersey.com:


Fifteen states have enacted self-defense laws during the last two years, expanding the right to use deadly force.

In New Jersey, where a similar bill is awaiting debate in the Assembly, supporters argue that "stand-your-ground" laws protect crime victims from possible prosecution for defending themselves. Critics, meanwhile, say that "shoot-first" measures constitute excessive force and are wreaking public-safety havoc.

For a deadly force law:

"When there is an intruder in your home, the last thing you should worry about is whether you are using excessive force," said Assemblyman Richard Merkt, R-Morris, who introduced the New Jersey Self Defense Bill in January.

The self-defense law should be concerned more with protecting the rights of victims than protecting the rights of criminals, he said.

"If a burglar invades your house and gets hurt in the bargain, I don't think the law should recognize his claim," he said.


Needless to say, the Democratic controlled legislature isn't rushing to give Merkt's bill a hearing. In the same article, Dave Kopel says:

David Kopel, research director at the Independence Institute, a national public-policy think tank, agrees with Bach that this is not a pro-gun versus anti-gun debate.

Kopel said that when a victim acts in self-defense, it is up to prosecutors to determine whether the victim acted legitimately or used excessive force.

"Prosecutors with good judgment will not try to push the case," Kopel said.

"But the experience has been that there are sometimes abusive prosecutors -- and, therefore, it's important to have very clear rules about self defense that can't be abused."

The self-defense issue, in that sense, is a matter of placing a reasonable limit on the power of prosecutors, he said.

"In New Jersey, the case for such laws is actually much stronger," he said.

"[Almost] everywhere, district attorneys and prosecutors are elected by the people. New Jersey has more of a monarchial system of government, with the governor appointing every prosecutor. This law would serve as a check and balance."


Indeed. And that will make it all the tougher to get such "Castle Doctrine" legislation passed. Look for law enforcement and prosecutors to fight any such bill tooth-and-nail.

Naturally, there are the usual scare quotes from the Bradys and other pro-crime groups.

Posted by Jeff Soyer at November 30, 2006 07:46 AM
Comments

I am not aware of many prosecutions for self-defense shootings in NJ. However, there's no question that NJ prosecutors and LEOs have too much leeway and not enough accountability when it comes to defining and enforcing gun laws.

Having said that, I've recently begun to wonder about the actual frequency of self-defense situations (excluding LEOs). Obviously, such events do occur. Furthermore, some locations and situations will be higher risk than others. However, it seems to me that the shooting community has embraced a worldview that overstates the actual danger. Maybe this is a reaction to the half-truths of gun critics, but I wonder if we place too much emphasis on this theme.

Even assuming the risk assessment is reasonable, how many gun owners are properly trained for self-defense situations? I'm fairly new to the sport, but when I go to a gun store or firing range and see some of the people with guns it scares the hell out of me. Frankly, I'm more concerned about getting shot by a bozo than a criminal.

I don't know the answers. I'm just tossing out the questions. The floor is open for rebuttal.

NJ Gun Owner

Posted by: PN NJ at November 30, 2006 09:18 AM

Sure 15 states have recently passed this legislation, but they should include the states that have had such laws for a long time, just like my own Washington State. Here, if you are charged with a crime such as murder, manslaughter, assault etc, and then found to have acted in justifiable self defense, the state MUST pay you compensation for legal fees and so forth by law. The only state that does this, IIRC. From http://ofarmsandthelaw

"When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense..."

Posted by: ben at November 30, 2006 10:34 AM

Considering how "liberal" NJ politicians can be in protecting the rights of criminals (their natural constituency), I fear it will not pass muster. Although I would take as a trade-off an explict authorization for homeowners to defend themselves with hollowpoints, which is what the Police here carry. Right now, it's prudent for the homeowner to NOT load hollowpoints for fear of the automatic extra 5-years for using them in the commission of a crine...namely; defending yourself, even if retreating.
The general concensus at the ammo counter is that the only "legal" ammo is FMJ, lead wadcutters and lead roundnose; none of which are nearly as effective as the myriad hollowpoint designs out-there. Even the Glazers and Corbon Powr-points are questionable since the are still marketed as hollowpoints with a polymer filler.
At-minimum, we shoud be allowed to carry whatever the standard-load used by our local Police or State Police is.

Posted by: Ted B. (Charging Rhino) at November 30, 2006 02:42 PM

Jeff, I particulary like how you call the Brady group "pro-crime" in relation to their stance on issues like this. That really tells it like it is.

Posted by: CAshane at November 30, 2006 03:39 PM

Cops can shoot unarmed people all day and not face prosecution, a homeowner can shoot an armed intruder and be charged with a crime. Have we returned to a system where our governors are supposed to be direct descendants of God? Our servants are now our masters? Our prosecutors are our persecutors? These are not rhetorical questions.

Posted by: straightarrow at December 1, 2006 07:01 PM
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