Knimrod
04-23-2006, 10:32 PM
Self-defense: House should jettison Jones' 'no retreat' immunity measure
April 21, 2006
Lansing State Journal (Editorial)
County prosecutors are generally accepted as law-and-order folks. When they're concerned that legislation grants sweeping immunity in self-defense cases, lawmakers would be wise to listen.
Speaking Wednesday on behalf of the Prosecuting Attorneys Association of Michigan, Calhoun County Prosecutor John Hallacy told the House Judiciary Committee one bill in a four-bill package goes too far in granting immunity to someone using deadly force.
The committee didn't listen. It sent versions of the bills to the full House. A pity. Lawmakers should have broken up the package and jettisoned the offending bill.
"We want to strike a fair balance," Hallacy said, as reported in the Detroit Free Press. "Common law has served the people of this state very well."
Indeed, Michigan courts have backed common law known as the "Castle Doctrine" - the right to stand your ground, and fight back, if you're threatened or attacked in your home.
But one bill, House Bill 5143, sponsored by Rep. Rick Jones, R-Grand Ledge, extends the "castle's" reach to any public area. When going beyond one's "castle", it makes sense that the degree of immunity should lessen. Are a county fairground, a golf course or a city street all extensions of our homes? We don't think so.
The other parts of the legislative package - House Bills 5142, 5153 and 5548 - come closer to established common law. But if lawmakers aren't willing to break up the package, Jones' overreaching measure should doom the whole lot.
Common law and judicial precedent provide strong protection for Michigan residents who are truly defending themselves and their "castles." If state lawmakers want to codify those principles, fine. But don't expand on them at the risk of undercutting public safety.
Link to editorial (http://www.lsj.com/apps/pbcs.dll/article?AID=/20060421/OPINION01/604210315/1086/opinion)
April 21, 2006
Lansing State Journal (Editorial)
County prosecutors are generally accepted as law-and-order folks. When they're concerned that legislation grants sweeping immunity in self-defense cases, lawmakers would be wise to listen.
Speaking Wednesday on behalf of the Prosecuting Attorneys Association of Michigan, Calhoun County Prosecutor John Hallacy told the House Judiciary Committee one bill in a four-bill package goes too far in granting immunity to someone using deadly force.
The committee didn't listen. It sent versions of the bills to the full House. A pity. Lawmakers should have broken up the package and jettisoned the offending bill.
"We want to strike a fair balance," Hallacy said, as reported in the Detroit Free Press. "Common law has served the people of this state very well."
Indeed, Michigan courts have backed common law known as the "Castle Doctrine" - the right to stand your ground, and fight back, if you're threatened or attacked in your home.
But one bill, House Bill 5143, sponsored by Rep. Rick Jones, R-Grand Ledge, extends the "castle's" reach to any public area. When going beyond one's "castle", it makes sense that the degree of immunity should lessen. Are a county fairground, a golf course or a city street all extensions of our homes? We don't think so.
The other parts of the legislative package - House Bills 5142, 5153 and 5548 - come closer to established common law. But if lawmakers aren't willing to break up the package, Jones' overreaching measure should doom the whole lot.
Common law and judicial precedent provide strong protection for Michigan residents who are truly defending themselves and their "castles." If state lawmakers want to codify those principles, fine. But don't expand on them at the risk of undercutting public safety.
Link to editorial (http://www.lsj.com/apps/pbcs.dll/article?AID=/20060421/OPINION01/604210315/1086/opinion)