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Justice

New Hampshire House Approves Stand Your Ground Repeal

The New Hampshire House of Representatives is on a criminal justice roll. Last week, legislators voted to prohibit private prisons. This week, they passed a bill to repeal the ALEC-sponsored Stand Your Ground law, which authorizes the unfettered use of deadly force in self-defense. The NRA-backed laws, also known as “Kill at Will,” gained notoriety after the tragic killing of Florida teenager Trayvon Martin. Police cited Florida’s Stand Your Ground law as the reason for not initially arresting the suspect in that case. Reuters reports:

The National Rifle Association and gun rights supporters had campaigned to defeat the bill repealing the state’s “Stand Your Ground” law, arguing the change would embolden criminals and lead to greater violence against women.

The bill passed by a roll call vote of 189-184 after a heated debate. The proposed change may face tougher odds in the state Senate, which is narrowly controlled by Republicans.

If repealed, the state would return to the so-called “castle doctrine” under which there is a duty to retreat from a threatening situation unless it occurs inside a person’s home. […]

New Hampshire passed a number of laws loosening control on gun usage in 2011, when Republicans commanded large majorities in both chambers. Since regaining control of the House, Democrats have sought to push back on some of these measures.

In the wake of the Trayvon Martin tragedy, a Florida committee to reform the bill stacked with lawmakers who first proposed the law did not recommend any substantive changes, in spite of empirical research finding these laws were associated with a significant increase in homicides. Some 21 states have laws establishing that there is no duty to retreat, and at least nine include language stating that one may “stand his or her ground,” according to the National Conference of State Legislatures. The NRA has gone so far to offer insurance to cover the costs of a Stand Your Ground defense.

Politics

George Zimmerman’s Brother: ‘Black Teens’ Are Killers

Since he shot and killed 17-year-old Trayvon Martin last year, George Zimmerman has been trying to convince the public that he was not acting simply out of racist aggression but because Martin attacked him. Zimmerman’s brother, Robert Zimmerman Jr, is not helping his cause. On Saturday, Zimmerman went on a Twitter tirade against “black teens,” equating the boy killed by his brother with De’Marquise Elkins, the 17-year-old suspect in the murder of a Georgia infant.

As highlighted by Mediaite, Zimmerman tweeted a photo comparison between Elkins and Martin flipping their middle fingers with the caption, “A picture speaks a thousand words…Any questions?”

Zimmerman tweeted the photo at Michael Moore, the NAACP, the NRA, and a Breitbart.com editor. He followed it up with another comparison between the two, tweeting “Teen to West: “Do you want me to shoot your baby?” #TrayvonMartin to #GeorgeZimmerman: You’re gonna die tonight Motherf**ker.”

In case the reason for his comparison of the two young black men was unclear, Zimmerman later tweeted:

Trayvon Martin was unarmed when Zimmerman allegedly followed him and shot him. He had no criminal record. Zimmerman had a history of calling the police to report suspicious black individuals, one as young as 7-9 years old. By his brother’s logic, this frequent suspicion of black people was not due to prejudice but because black people pose a genuine and constant threat to everyone around them.

Zimmerman’s trial is scheduled for June 10.

Media

8 Inspiring Things That Happened Since Trayvon Martin Was Tragically Killed One Year Ago Today

One year ago today, Trayvon Martin — an unarmed 17-year-old boy on his way home from 7-11 — was shot and killed by George Zimmerman. The murder trial is scheduled to begin this June. A separate hearing may be held in April to determine whether Florida’s controversial “Stand Your Ground” law gives Zimmerman immunity.

While nothing can make up for the events of February 26, 2012, many people have responded to the tragedy with compassion, courage and strength. Here are some of the most inspiring things that have happened over the last year.

1. 192 colleagues of Trayvon Martin’s mother donated 1,362 hours of their vacation time so she could grieve.

“Sybrina Fulton, who has worked at the Miami-Dade County housing authority for 23 years, collected $40,825 worth of donated vacation time, county records show… the Miami-Dade County Commission passed a resolution sponsored by Bruno Barreiro, Barbara Jordan and Jose “Pepe” Diaz to allow county employees to donate vacation time to Fulton…Records show 192 county employees gave Fulton some of their hours” [Miami Herald, 5/12/2012]

2. Sanford, Florida has a new police chief who has pledged to finally address “long-standing racial tensions between the police department and the African-American community.”

The police chief who decided not to charge George Zimmerman was fired. [ABC7, 2/18/2013]

3. Dozens of major companies ended their support for ALEC, the right-wing group who championed “Stand Your Ground” laws.

The companies that ended their support for the American Legislative Exchange Council include “Coca-Cola, Pepsi, Kraft, McDonalds, Wendy’s, Blue Cross Blue Shield, Procter & Gamble, Amazon.com, Wal-Mart, Johnson & Johnson, Dell Computers, Best Buy, General Motors and Walgreens.” ALEC was also forced to end it’s “Public Safety and Election Task Force,” which advocated for “Stand Your Ground” laws around the country. At least 39 lawmakers have also ended their association with ALEC.[ThinkProgress, 4/17/2012; ThinkProgress, 8/7/2012; ThinkProgress, 5/18/2012]

4. Thousands of people peacefully gathered in Sanford, Florida to demand justice for Trayvon Martin.

[News 10, 3/22/2012]

5. A United States Congressman went on the floor of the House of Representatives in a hoodie to show solidarity with Trayvon.

Illionis Rep. Bobby Rush said, “Racial profiling has to stop Mr. Speaker. Just because someone wears a hoodie does not make them a hoodlum.” After delivering a rousing speech, he was escorted from the floor for violating decorum. [NBC News, 3/28/2012]

6. Legislation to repeal “Stand Your Ground” laws was introduced in four states.

The law was cited by the police as the reason Zimmerman was not arrested for weeks after Martin was killed. [Yahoo, 1/26/2013]

7. Students at Howard University produced this video to highlight the racial profiling of young black men.

“All young black men are not suspicious. We don’t deserve to be harassed, murdered, prosecuted or denied the protections of the justice system all because America believes that we are suspicious… Some of us have already and will eventually change the world. All are not suspicious.”

8. President Obama spoke out about Trayvon Martin in the Rose Garden.

“My main message is to the parents: If I had a son he’d look like Trayvon. I think they are right to expect that all of us as Americans are going to take this with the seriousness it deserves.” [3/23/2012]

Check out more examples on ColorLines.

Justice

What’s Happened In The Trayvon Martin Case Since You Stopped Paying Attention

It’s been nearly a year since George Zimmerman shot and killed Trayvon Martin, an unarmed 17-year-old on his way back to his father’s townhouse. In the weeks following the shooting, the story captured the nation’s attention, culminating with Zimmerman being charged with second-degree murder last April.

But as the story has receded from the headlines, the legal case has plodded along and the trial is likely to be completed this summer. Here’s what you may have missed:

1. Zimmerman has spent over $300,000 in donations over the last year and is desperate for more funds to finance his defense. Zimmerman has “spent more than $125,000″ on living expenses — not including security — over the last year. His lawyer acknowledged that “Zimmerman’s personal spending may seem exorbitant.” Zimmerman is considering asking the court to declare him “indigent, meaning the public would have to pay for Zimmerman’s defense.” Zimmerman was also sued by a security company for unpaid bills. [Orlando Sentinel, 1/20/2013; Miami Herald, 12/27/12]

2. The trial has been set for June 10. Zimmerman recently asked for a delay of the trial until November but a judge denied his request. Zimmerman’s lawyer says it is “physically impossible for us to be prepared” for trial at that time. A separate proceeding, essentially a mini-trial, to determine whether Zimmerman is immune from prosecution due to Florida’s “Stand Your Ground” law, is scheduled for April 22. [Orlando Sentinel, 2/5/13; Headline News, 2/13/13]

3. New forensic analysis “casts doubt on Zimmerman’s timeline on the night he shot and killed the unarmed teen.” The analysis was done by “Michael Knox, a retired Jacksonville Sheriff’s Office detective and crime scene investigator.” According to Knox, “based on the times and distances Zimmerman said he covered, Zimmerman would have still been on the phone with Sanford police when he claims he was attacked by Martin.” Knox says that other aspects of Zimmerman’s story, like the claim Martin was leaning over him at the time the shot was fired, are supported by forensic evidence. [News 4 Jacksonville, 2/10/13]

4. Zimmerman has gained 105 pounds. [Orlando Sentinel, 1/20/2013]

Zimmerman in February 2013. AP Images.

5. The defense team acquired Trayvon Martin’s school records. According to Zimmerman’s lawyers “some information in Trayvon Martin’s file could be relevant in the defense of George Zimmerman.” State prosecutors and the Martin family attorney opposed Zimmerman’s efforts to acquire the records arguing “because Zimmerman did not know Trayvon before the Feb. 26 shooting, the teen’s past was not a factor in the case.” [Orlando Sentinel, 1/16/13]

6. Zimmerman is suing NBC News. In the suit, Zimmerman claims NBC unfairly portrayed him as a “racist and predatory villain.” [ABC News, 12/6/12]

7. The judged denied Zimmerman’s request to be removed from GPS tracking. [Fox Orlando, 12/11/12]

8. Trayvon Martin would have turned 18 on February 5. [Huffington Post, 2/5/13]

Alyssa

Why Banning Violent Video Games Won’t Address Our Culture of Violence

After Adam Lanza shot twenty young children and six of the teachers and administrators who helped educate them in Newtown, Connecticut on Friday, the massacre renewed the long-dormant national debate about gun control, and sparked a complementary—and in some cases diversionary—discussion about mental health funding and treatment. But it’s also revived another old conversation, about whether video games are too violent, and whether they play a role in encouraging, desensitizing, and even preparing mass killers for their rampages.

Sen. Joe Lieberman, the outgoing independent from Connecticut who has long crusaded against video game manufacturers, said in his appearance on Fox News Sunday that “The violence in the entertainment culture—particularly, with the extraordinary realism to video games, movies now, et cetera —does cause vulnerable young men to be more violent…Doesn’t make everybody more violent, but it’s a causative factor in some cases.” Obama senior strategist David Axelrod tweeted “”In NFL post-game: an ad for shoot ‘em up video game. All for curbing weapons of war. But shouldn’t we also quit marketing murder as a game?”

As Annalee Newitz reminds us in a valuable post at io9, there is no conclusive evidence that consuming violent games, movies, or comics leads to violent behavior in the real world. And at the Washington Post, Max Fischer ran the numbers on video game popularity in countries with much lower rates of gun violence, and found no correlation between game play and real-world violence. And there’s something deeply sophistic, in the absence of that evidence, about pivoting away from questions of effective gun control to proposals for video game regulation or condemnation. At least discussion of the mental health care system is part of a reasonable tapestry of efforts, including gun control, that we ought to be considering, if not a substitute for conversations about magazine capacities and the reinstatement of the assault weapons ban. Blaming video games or any other kind of violent media for causing violence in the real world is a dodge from policy solutions. And it’s a dodge from the conversation we actually need to have about the state of our popular culture, and the profound fears about justice, disempowerment, and the state of civil society that are reflected in it. Video games are easy to target. The things that actually, truly frighten us are much harder.

One of the things I’ve been turning over in my mind in recent weeks is why the renaissance in our television is so specifically concerned with, as NPR’s Linda Holmes put it, “avoiding being violently killed” to the exclusion of other concerns like finding a satisfying place in the adult world, a loving, complimentary partner, doing good, honorable work, or being a good citizen in difficult circumstances. But as much as I feel somewhat burned out by the gouts of violence on my television, it’s true that questions about deploying violence, avoiding it, and its moral and immoral applications, permeate our political culture and lived experience today.

If you’re a woman in the United States, you’re taught from a young age that you have to be careful to avoid having sexual violence visited upon you. I cannot imagine being African-American and considering how to speak to my child about the possibility that his or her interactions with law enforcement may become deadly, or that in some areas of the country, people may feel entitled to shoot them dead on slight, and imagined, provocation. There are people in this country for whom the best way to pay for college is to enlist to be sent to a protracted war that carries with it a considerable risk that they will return maimed or brain injured. We are waging a war from the skies in which our political leadership appears to accept the deaths of children as a reasonable level of collateral damage, and where 17 percent of the pilots who actually have to carry out our drone strikes are considered “clinically distressed” by their work. As many commentators have usefully pointed out, the massacre in Newtown is deeply disturbing in part because the community was not afflicted by a constant blight of gun violence like the one that spread like rot over Chicago this summer. We’ve lived through a political election in which obvious references to the lynching of the first black president were excused away as jokes.
Read more

NEWS FLASH

Judge Denies Zimmerman’s Request For Unmonitored Travel, Lower Bond In Trayvon Martin Murder Trial | At a pre-trial hearing Tuesday morning, a Florida judge denied motions to reduce George Zimmerman’s $1 million bond, and end his out-of-county travel restrictions and GPS monitoring. Zimmerman is accused of second-degree murder in the death of 17-year-old Trayvon Martin. Defense attorneys unsuccessfully asked Judge Debra Nelson to reduce the restrictions placed on Zimmerman by a previous judge, who has since been removed from the case. The trial is scheduled to begin in June.

NEWS FLASH

George Zimmerman Suing NBC Universal For ‘Deceptive And Exploitative Manipulations’ Of Audio Tapes | George Zimmerman, the man who was arrested and charged with second degree murder in the death of Florida teenager Trayvon Martin earlier this year, announced through his attorneys today that he is suing NBC Universal and three current and former employees of NBC News. In a suit filed with the Seminole County circuit court, Zimmerman’s lawyers recount a number of instances in which NBC News personnel edited audio tape of 911 calls in what they argue was a deliberate and malicious attempt to portray Zimmerman in a negative light. Of the three reporters named in the suit, two of them were subsequently fired by NBC News for their roles in the stories. The network issued a statement several days after the segments aired apologizing for the mistakes, and denied the edits were anything but accidental. News of the suit — along with a link to the court document — was first posted on a website set up by the Zimmerman defense team.

Justice

Justiceline: December 6, 2012

 

Rep. Louie Gohmert (R-TX)

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • Six months after the measure first passed in the Senate, Congress eliminated the word “lunatic” from from federal law yesterday. One lone lawmaker voted against the law: Rep. Louie Gohmert (R-TX).
  • Both pot-smokers and same-sex couples filled the streets in celebration early this morning, as marijuana possession and same-sex marriage become legal in Washington state today.
  • During yesterday’s Supreme Court oral arguments, the justices mulled whether an Atlanta court can affect a custody dispute in which the mother and child are living in Scotland pursuant to a court order.
  • As George Zimmerman, accused of murdering Travyon Martin, makes new efforts to raise funds for his defense, his lawyers have re-released a photo of Zimmerman’s bloodied face on the night of the shooting — this time in color.
  • The D.C. federal appeals court has upheld a Federal Communications Commission ruling requiring wireless carriers to share their data with their fellow carriers.
  • NPR asks, “Can a murder be tracked like an infectious disease?”

Justice

Disregarding Empirical Research, Florida Panel Largely Endorses ‘Stand Your Ground’ Law

In the months since the fatal shooting of Trayvon Martin drew national attention to Florida’s “Stand Your Ground” law and others like it that authorize the unfettered use of deadly force in self-defense, several empirical studies have found these laws are associated with a significant increase in homicides, have a disproportionate impact on African Americans, and do not appear to deter crime at all.

But you wouldn’t know any of this from the draft report coming out of a Florida task force commissioned by Gov. Rick Scott. Following a six-month review, not one of these studies were even incorporated into the task force’s recommendation that the NRA-backed Stand Your Ground law remain largely unchanged. Instead, the recommendation states:

[A]ll persons have a fundamental right to stand their ground and defend themselves from attack with proportionate force in every place they have a lawful right to be and are conducting themselves in a lawful manner.

The task force did recommend that the Legislature review some of the law’s language to clarify what the law means for police, who can claim self-defense, and whether it encourages vigilantism. But for the most part, the recommendation stood as a strong defense of the law that arguably gives perpetrators more authority to shoot and kill than U.S. troops have in war.

The recommendation surprised few stakeholders — among the six lawmakers on the 19-member panel selected by Gov. Scott were two who helped draft the original law, another two who voted for it in 2005, and the chief sponsor of a law prohibiting doctors from asking patients about guns. Three are members of corporate front-group ALEC, which backed the law. Others who have supported gun control legislation say they were excluded from the task force.

In a column published just before the release of the task force’s findings that cites the various academic studies on “Stand Your Ground” laws, Harvard Injury Control Research Center Director David Hemenway, ironically, implores the task force not to “ignore the evidence,” writing:

I was pleased to hear that one of its monthly meetings would be devoted to scholarly research about the effects of the law since its passage in 2005. This was the Task Force’s chance to take scientific evidence into its assessment of what has understandably become an emotionally charged issue.

The Task Force asked the University of Florida to conduct research on the impact of the state’s Stand Your Ground law. Not surprisingly the researchers were unable to draw strong conclusions given the data and the short time frame they were allowed. But frighteningly, the Task Force seemed to take the researchers’ incomplete report as evidence that Stand Your Ground is a good law. Task Force member and Stand Your Ground bill sponsor Rep. Dennis Baxley even went so far as to assert that the data supported his contention that the law is not associated with an increase in violent crime. Contrary to that claim, the best available research evidence indicates that Stand Your Ground laws are dangerous, with few redeeming benefits to society.

The task force still has until March to submit its final recommendations to the Legislature, although the incoming House speaker has already said he would not support major changes to the law.

Justice

How A Black Businessman Was Sentenced To Life In Prison For A Likely Self-Defense Killing

When police investigated the death of Brian Epp, they determined that John McNeil was merely acting in self-defense when he shot Epp for allegedly loitering on his property, threatening him and his 19-year-old son with a knife. They didn’t charge him with any crime. But 274 days later, McNeil was prosecuted and sentenced to life in prison, theGrio explains:

The case relates to events on December 6, 2005, when McNeil received a distress call from his teenage son that a man was lurking around in their backyard.

“John called 911 and told the police he was on his way home,” said his wife, who is living with advanced stage cancer. According to testimony, the man, Brian Epp, a hired contractor with whom McNeil had past disagreements, had already pulled out a knife on McNeil’s 19-year-old son.

When McNeil returned home, Epp, who is white, refused to leave, despite being asked several times. McNeil and eye-witnesses testified that he fired a warning shot but when Epp charged towards him with his hand in his pocket he shot out in self-defense.

Witnesses corroborated this account, as well as McNeil’s fear of Epps. A couple who had also hired Epps testified at trial that they carried a gun around him because of his threatening behavior. Nevertheless, McNeil, a black property owner who has now been in jail for almost six years for the death of a white trespasser, lost his appeal before the Supreme Court in 2008.

McNeil’s case is, in many respects, the mirror image of the infamous shooting of Trayvon Martin earlier this year. In Florida, a “Stand Your Ground” law that often enables shooters to literally get away with murder initially protected George Zimmerman from prosecution, although he has since been charged with second-degree murder, and Zimmerman could still escape justice because of Florida’s Stand Your Ground law. McNeil, on the other hand, has now lost six years of his life in spite of what appears to be a much clearer case of self-defense under Georgia’s “Castle Doctrine,” a more limited law that permits the use of deadly force to defend one’s own property.

Civil rights groups are now calling for McNeil’s immediate release, pointing to the Trayvon Martin case to show that laws intended to apply equally to all races discriminate against African Americans whether they are the alleged perpetrator or the victim.

“We are victims at both ends of the gun,” said Marcus Coleman, who leads the Atlanta chapter of the National Action Network.

The mayor of McNeil’s hometown, Wilson, N.C., has also joined in calling for McNeil’s release. In a letter to Georgia Gov. Nathan Deal, he said, “I have read the entire trial transcript and I believe it’s clear that John only acted to protect his family.”

In the Georgia Supreme Court’s opinion, the one dissenting justice, Chief Justice Leah Ward Sears, wrote unequivocally that McNeil should have been protected by Georgia’s “Castle doctrine,” writing: “the evidence was overwhelming in showing that a reasonable person in McNeil’s shoes would have believed that he was subject to an imminent physical attack by an aggressor possessing a knife and that it was necessary to use deadly force to protect himself from serious bodily injury or a forcible felony.”

McNeil, who had no other criminal history, has a second appeal pending. If he loses that, he will have to file a clemency request with the Georgia Board of Pardons and Paroles.

“The John McNeil case is unique in the Southern and American criminal justice system,” said Rev. William Barber, president of the North Carolina NAACP, in an interview with theGrio. “You just can’t find a case where a black man on his property shoots a white armed aggressor and the black man is defended by two senior white detectives, white eyewitnesses, a black female Chief Justice of the state Supreme Court, all who challenge the conclusion of and prosecution by a white DA.”

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