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Smith Calls For Stand Your Ground Reform On Eve Of Scott Task Force
May 1, 2012
As a task force formed by Gov. Rick Scott to review the “stand your ground” law prepares for its first meeting on Tuesday, a rival panel convened by Democratic state Sen. Chris Smith found that the law needs significant revision.
“We took an adult look at ’stand your ground,’ and we had adult discussions – not political,” Smith said Monday. “And I think we’re giving good direction to the Legislature on what should be done.”
Some panelists called for an outright appeal of “stand your ground,” but Smith said there wasn’t enough support to make that recommendation.
The recommendations call for lawmakers to require a grand jury review of “stand your ground” cases and to let law enforcement officers detain those who claim the law as a defense while an investigation is conducted.
“That’s what we mean by ambiguity – and a little bit of the absurdity of this law,” Smith said. “If you’re standing there and someone’s dead, to have police have to wonder, ‘Can I detain this person?’ is a concern.”
Smith said he started his own task force on April 5 after tiring of waiting for Scott to act on the Feb. 26 shooting of unarmed black teen Trayvon Martin and the delay in arresting acknowledged shooter George Zimmerman, a neighborhood watch volunteer.
Since then, special prosecutor Angela Corey has charged Zimmerman with second-degree murder, and Scott has named a panel chaired by Lt. Gov. Jennifer Carroll, who voted for the 2005 “stand your ground” law while serving in the Legislature.
Meanwhile Smith, a Fort Lauderdale Democrat, convened an 18-member panel of lawyers, judges and law professors, and on Monday released their report.
He’s also pushing for a special session of the Legislature to review and amend the law.
“I think it’s still a public safety concern,” he said.
Smith said he will give the recommendations to Scott, Carroll, the members of the governor’s task force and Senate President Mike Haridopolos, R-Merritt Island.
Critics of the Scott panel say it’s top-heavy with supporters of the National Rifle Association, which spearheaded the effort to make Florida the first state in the nation to adopt the “stand your ground” legislation.
Last week state Rep. Dwight Bullard, D-Miami, asked Scott to change the composition of his task force by removing at least one of the legislators who backed the law. That could be House sponsor Dennis Baxley, R-Ocala, or Sen. David Simmons, R-Maitland, who co-sponsored the law.
Smith, Bullard, Sen. Arthenia Joyner, D-Tampa and other black lawmakers say they have tried to become members of the Scott panel, to no avail.
“We have tapped a diverse and qualified group to carefully review our laws and our policies,” Scott said on April 19, announcing his selections. None of his appointees are lawmakers who favor gun control.
Smith said he’d requested the opportunity to give the recommendations directly to the panel Tuesday, but was told no public comment would be part of the inaugural meeting.
His panel’s recommendations are broken down into unanimous, consensus and minority findings.
These findings of the Smith task force were unanimous:
-Cases should be presented to a grand jury to allow for a cross section of society to determine what a reasonable person would do in that case.-Educate the public and law enforcement.-Create a system to track self-defense claims in Florida.-Add language requiring an “imminent” danger provision throughout the statute.-Change the “Defense of Others” wording in the law’s title to “Defense of Property.”-Allow law enforcement to detain someone who uses the Stand Your Ground defense while they investigate.
Consensus findings included eliminating the presumption of reasonable fear and clarifying the role of provocation in the law’s application.
By The News Service of Florida
Comments
11 Responses to “Smith Calls For Stand Your Ground Reform On Eve Of Scott Task Force”
Kathy, you stated there had been 9 instances where murder would have been charged had it not been for Stand your Ground. Please provide the links to where you found this information. It’s not that I think you’re making it up; I’d just like to see some documentation. Maybe you could include the case file numbers as well, that would eliminate the concern that your resources are biased.
Different elements, bad reactions.
I wonder if Mr Smith paid for this panel of judges, lawyers, and law professors with his own money or did the state fund this. There are other areas of the state that needs the effort these politicians are putting into this. The only reason they are involved is because of the media behind it all.
There are children and women missing or being abused and these politicians can do is make sure that their name is in the news.
Mr Smith and Mr Scott, If you really want to make a difference then put this much effort to our schools and better use of the state’s money.
REGARDING:
“9 different murders using the law were found to be murder but could not be tried because the law is so undefined.”
Actually, if the law defines a killing as not murder, it CAN’T be found to be murder. Further without a trial, the killer CAN’T be legally a murderer.
AND
“Its not about protecting your home its about being out and about and “fearing” being hurt when there is no reason too.“
People shouldn’t be out and about or they shouldn’t mind being hurt? You ARE right that it isn’t about protecting your home, it doesn’t require a person stay at home to be safe.
AS WELL AS
“One of the 10 Commandments is not to Kill. Try reading the Bible for consent.”
Yet Jesus didn’t condemn soldiers even though they kill in the course of their duties. God didn’t condemn David for killing Goliath (although He wasn’t happy about Uriah). In fact, He commanded the killing of everybody in certain cities and personally wiped out a couple of cities and the first born of Egypt, as well as calling for killing criminals for certain crimes. Therefore, it certainly LOOKS like He gave consent to kill in some instances.
Most theologians make the distinction of the forbidden killing as that of murder rather than legally defined killing in self defense or service to our country. Not that it matters since we aren’t under a theocracy.
David contemplating contradictions
COGITATING UPON:
” “We took an adult look at ’stand your ground,’ and we had adult discussions – not political,” Smith said Monday”
This means he thinks political discussions are never adult discussions, right?
Not griping, of course, since I never gripe, just considering how he used his words to paint any possible opposition to his findings.
Which also brings up “Consensus findings included eliminating the presumption of reasonable fear and clarifying the role of provocation in the law’s application.”
If you eliminate the presumption that citizens acted reasonably, you are making the assumption that their actions were unreasonable. In other words, a presumption of guilt. Interesting that his panel would reach consensus on presuming people guilty.
Of course, I was told recently that “consensus” really means, “I’ve decided what we’ll do and the rest of you will pretend to agree.”
David in a world filled with assumptions and pretences
Right, wrong or indifferent; I would rather be the killer rather than the killed when facing danger.
If they change the law, I hope that the part about detaining the individual using the law is optional rather than mandatory; why should someone who has just (properly) defended his life be put into jail?
Twist the truth but it is still truth, its about the Zimmermans and other who have used the law to protect themselves from prosecution when there was no need to be where they were, doing what they were doing or use the gun, 9 different murders using the law were found to be murder but could not be tried because the law is so undefined. Its not about protecting your home its about being out and about and “fearing” being hurt when there is no reason too. One of the 10 Commandments is not to Kill. Try reading the Bible for consent.
Start emailing your legislators!! Don’t let them make this law into a useless law! The time to stand up for your right to protect yourself on your property and in your home is NOW!!!!
So if someone breaks into my home I am the bad guy? I get put in jail? That is WRONG!!!!!!
Some would like to pull the teeth from this law and make it worthless for the protection of law abiding citizens. Watch the circus continue regarding this law, watch while certain people try to take away a basic right that every person has,(unless you are an unborn child), the right to life…….the criminal also has the right to life, he just puts it at risk by commiting a forceable felony against an armed law abiding citizen. Let the people who will try to fight this ability for you to protect yourself how you feel. If you stand by quietly and don’t speak out, you may lose this right.
stand your ground…….law or not