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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)

Outdoorzman
04-24-2006, 05:24 AM
It's too bad they don't realize that most are not protecting thier homes when someone breaks in, but themselves. And yes that right should extend to anyplace.

appliancebrad
04-24-2006, 07:55 AM
My wife regularly is out working around the farm and in our barns. Under current law, she is under the duty to retreat anywhere on our place except in our house. Jone's Bill will fix that problem. Why should we have to run from an attack?

I believe the bills will pass the house tomorrow. Stay tuned.

gsbell
04-24-2006, 09:52 AM
Everyone is writing to their Rep right?


April 24, 2006

Dear Mr. Bell,
Thank you for your communication with my office in regards to HB 5143 and 5153, or the Castle Doctrine Bills.
I agree 100 percent with your assessment of this legislation. I am a proponent of HB 5143 & 5153 and I look forward to supporting these important bills during the legislative process.
I appreciate you taking the time to share your thoughts with me and for your service to our country. If you have any questions, or if you need anything else, feel free to let me know.
Sincerely,

Glenn Steil, Jr.
State Representative
72nd District

taurus92
04-24-2006, 09:52 AM
yep wrote all of them last week

jeff s
04-24-2006, 10:58 AM
wrote 18 letters to representatives. My rep and all the ones in the surrounding areas. And a letter to Jenny and LtGov Cherry.

Quaamik
04-24-2006, 07:40 PM
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.

Funny, I could have sworn that those prosecutors were the same bunch that said that forcing them to give CPLs to anyone they couldn't prove was a danger would result in untold deaths and mayhem in the streets.

Maybe our legislators are learning...........