This just really irks me........
Posted: Tue Feb 13, 2007 8:23 pm
Spotted this in our local (liberal) newspaper today.
Check out the front page heading, (the print for the heading was only slightly smaller than the newspaper's name across the top).
My letter to the editor is at the end of this post. Arrrgggghhh!!!!!
Bills filed to shoot first, retreat later in self-defense
By JIM VERTUNO
Associated Press Writer
AUSTIN — Castle Doctrine sounds like a medieval warning to invaders: Cross this moat and suffer the consequences.
A pair of Republican state lawmakers now want to use it to revise Texas' modern-day self-defense laws.
Sen. Jeff Wentworth of San Antonio and Rep. Joe Driver of Garland have sponsored bills to have Texas join more than a dozen states with the so-called "Castle Doctrine," a sort of shoot-first, retreat-later approach to defending hearth, home, truck and business.
Essentially, the Castle Doctrine is born out of the common-law theory that a man's home is his castle and he has a right to defend it.
And although Texas already has some of the broadest self-defense laws in the country, Wentworth says his bill would expand the legal rights of crime victims to protect themselves, their relatives and their property from intruders in their home, occupied vehicles or business.
It would create a legal presumption that an intruder is there to cause death or great bodily harm and that victims have the right to use deadly force. He says current law in some instances imposes a duty to retreat before using potentially deadly force on an intruder.
"I believe Texans who are attacked in their homes, their businesses, their vehicles or anywhere else have a right to defend themselves from attack without fear of being prosecuted and face possible civil suits alleging wrongful injury or death," Wentworth said.
More than a dozen other states have written the Castle Doctrine into law and the National Rifle Association is among those pushing for Texas to join them.
"It is fundamental that honest, law-abiding citizens know the law is on their side if ever they are faced with danger from criminal attack," said Chris Cox, the NRA's chief lobbyist in Washington, D.C.
But critics deride it as a "shoot-to-kill" bill that allows for more violence and removes a tool from prosecutors.
"It's not Castle Doctrine. That's in the home and you have a right to defend the home," said Peter Hamm, spokesman for the Brady Campaign to Prevent Gun Violence. "This is the Kingdom Doctrine and you can kill someone anywhere in public. That's a far cry from the home."
Legal experts wonder if they change is really needed.
Jerry Dowling, a criminal justice professor at Sam Houston State University, said state law already protects self-defense of life and property, particularly in one's home, or castle.
"I've lived in Texas 30-plus years and I would be astounded to hear of a Texas jury that convicted someone who blasted a guy who was in his house," Dowling said. "It would just be anathema to the culture down here."
Prosecutors have had mixed reactions to the bill, said Shannon Edmonds, spokesman for the Texas District and County Attorneys Association.
District Attorneys are waiting for proponents of the change to produce an example of someone wrongfully convicted and imprisoned in Texas for an act of self-defense.
"Is this a solution in search of a problem?" Edmonds said.
Hamm said the courts are quite capable of deciding what is justifiable force.
"The police, prosecutors and juries decide whether you acted in legitimate self-defense," Hamm said. "That system works."
But the bills already have broad support. Wentworth's office said nearly all of the 31 state senators have signed onto his bill and more than 100 house members have signed Driver's bill in that chamber.
According to a 2006 report by the House Committee on Criminal Jurisprudence, Texas law was based on the castle doctrine until 1973, when it was changed to make use of force justifiable only if a reasonable person would not have retreated.
Dowling, the professor, said it's reasonable in Texas to expect the use of deadly force in a home invasion.
"That's what I tell my students," Dowling said. "By God, the reasonable Texan never retreats."
___
Letter to Editor:
I happened to notice todays paper lying on a table at work. I was reminded once again why I do not subscribe.
I can not remember when I have seen a more irresponsible/misleading heading on a front page: "Shoot first bill has broad support".
In no way does the Castle Doctrine propose "shooting first", but I suppose small things (like the truth) don't really matter. After all, this can always be retracted next week on page 16 B.
A shameful display of this paper's left wing bias. But typical of what I've come to expect. What has happened to intellectual honesty at the Sentinel?
JMM
Check out the front page heading, (the print for the heading was only slightly smaller than the newspaper's name across the top).
My letter to the editor is at the end of this post. Arrrgggghhh!!!!!
Bills filed to shoot first, retreat later in self-defense
By JIM VERTUNO
Associated Press Writer
AUSTIN — Castle Doctrine sounds like a medieval warning to invaders: Cross this moat and suffer the consequences.
A pair of Republican state lawmakers now want to use it to revise Texas' modern-day self-defense laws.
Sen. Jeff Wentworth of San Antonio and Rep. Joe Driver of Garland have sponsored bills to have Texas join more than a dozen states with the so-called "Castle Doctrine," a sort of shoot-first, retreat-later approach to defending hearth, home, truck and business.
Essentially, the Castle Doctrine is born out of the common-law theory that a man's home is his castle and he has a right to defend it.
And although Texas already has some of the broadest self-defense laws in the country, Wentworth says his bill would expand the legal rights of crime victims to protect themselves, their relatives and their property from intruders in their home, occupied vehicles or business.
It would create a legal presumption that an intruder is there to cause death or great bodily harm and that victims have the right to use deadly force. He says current law in some instances imposes a duty to retreat before using potentially deadly force on an intruder.
"I believe Texans who are attacked in their homes, their businesses, their vehicles or anywhere else have a right to defend themselves from attack without fear of being prosecuted and face possible civil suits alleging wrongful injury or death," Wentworth said.
More than a dozen other states have written the Castle Doctrine into law and the National Rifle Association is among those pushing for Texas to join them.
"It is fundamental that honest, law-abiding citizens know the law is on their side if ever they are faced with danger from criminal attack," said Chris Cox, the NRA's chief lobbyist in Washington, D.C.
But critics deride it as a "shoot-to-kill" bill that allows for more violence and removes a tool from prosecutors.
"It's not Castle Doctrine. That's in the home and you have a right to defend the home," said Peter Hamm, spokesman for the Brady Campaign to Prevent Gun Violence. "This is the Kingdom Doctrine and you can kill someone anywhere in public. That's a far cry from the home."
Legal experts wonder if they change is really needed.
Jerry Dowling, a criminal justice professor at Sam Houston State University, said state law already protects self-defense of life and property, particularly in one's home, or castle.
"I've lived in Texas 30-plus years and I would be astounded to hear of a Texas jury that convicted someone who blasted a guy who was in his house," Dowling said. "It would just be anathema to the culture down here."
Prosecutors have had mixed reactions to the bill, said Shannon Edmonds, spokesman for the Texas District and County Attorneys Association.
District Attorneys are waiting for proponents of the change to produce an example of someone wrongfully convicted and imprisoned in Texas for an act of self-defense.
"Is this a solution in search of a problem?" Edmonds said.
Hamm said the courts are quite capable of deciding what is justifiable force.
"The police, prosecutors and juries decide whether you acted in legitimate self-defense," Hamm said. "That system works."
But the bills already have broad support. Wentworth's office said nearly all of the 31 state senators have signed onto his bill and more than 100 house members have signed Driver's bill in that chamber.
According to a 2006 report by the House Committee on Criminal Jurisprudence, Texas law was based on the castle doctrine until 1973, when it was changed to make use of force justifiable only if a reasonable person would not have retreated.
Dowling, the professor, said it's reasonable in Texas to expect the use of deadly force in a home invasion.
"That's what I tell my students," Dowling said. "By God, the reasonable Texan never retreats."
___
Letter to Editor:
I happened to notice todays paper lying on a table at work. I was reminded once again why I do not subscribe.
I can not remember when I have seen a more irresponsible/misleading heading on a front page: "Shoot first bill has broad support".
In no way does the Castle Doctrine propose "shooting first", but I suppose small things (like the truth) don't really matter. After all, this can always be retracted next week on page 16 B.
A shameful display of this paper's left wing bias. But typical of what I've come to expect. What has happened to intellectual honesty at the Sentinel?
JMM