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View Full Version : 'Stand your ground' laws tested in US shootings




aGameOfThrones
05-01-2014, 10:05 AM
HELENA, Montana (AP) — A Montana man is accused of setting a trap and blindly blasting a shotgun into his garage, killing a 17-year-old German exchange student. A Minnesota man is convicted of lying in wait in his basement for two teenagers and killing them during a break-in.

The two recent cases have intensified the debate about America's so-called "stand your ground" laws: Do laws that allow private citizens to protect their property also let them set a trap and wait for someone to kill?

More than 30 states have laws expanding the self-defense principle known as the "castle doctrine," echoing the old saying, "my home is my castle."

Most of these changes have come since Florida in 2005 became the first state to interpret that doctrine to apply outside the home with a measure known as the "stand your ground" law.

These laws make it far easier for a person to shoot someone and avoid prosecution by saying they felt an imminent danger — whether or not the person who was shot was armed.

"We don't want it to be easy to be able to prosecute people. But we want to be able to hold individuals accountable when they have stepped outside the bounds of society," David LaBahn, president of the Washington, D.C.-based Association of Prosecuting Attorneys, said Wednesday.

The principle came under scrutiny in the 2012 shooting of an unarmed Florida teenager, Trayvon Martin, by a neighborhood watch volunteer who was following the 17-year-old. George Zimmerman was acquitted last year after arguing self-defense.

The Montana and Minnesota cases involve people whose home had been burgled and said they were afraid of it happening again. Prosecutors say they lured intruders into fatal encounters.

In Montana, Markus Kaarma told investigators his Missoula home had been burgled twice within the last week before Sunday's shooting death of 17-year-old Diren Dede, of Hamburg, Germany. Kaarma told his hairdresser he had stayed up three nights waiting to shoot a kid, the woman told investigators.

The night of the shooting, Kaarma and his partner, Janelle Pflager, left their garage door open. Pflager left her purse in the garage "so that they would take it," she told a police officer. She also set up a video baby monitor and installed motion sensors, prosecutors said.

After midnight, they heard the sensors trip. Pflager turned to the video monitor and saw a man in the garage. Kaarma took his shotgun and went outside.

Montana's law, passed in 2009, says a person is justified in using deadly force if they believe it necessary to prevent an assault or a forcible felony.

Kaarma's attorney, Paul Ryan, said that law shifts the burden to prosecutors, who will have to prove that deadly force wasn't justified, he said.

Kaarma didn't intend to kill Dede, Ryan said. "He was scared for his life."

Because the laws typically leave it up to the shooter to decide if a danger exists, prosecutors often have no way to challenge such a claim. LaBahn said the case in Missoula appeared to reflect the same concerns raised repeatedly by prosecutors in Florida.


http://news.yahoo.com/stand-ground-laws-tested-us-shootings-123045912.html