[net-gold] CRIME AND CRIMINALS: MURDER HOMICIDE : GUNS AND GUN CONTROL : ORGANIZATIONS: NATIONAL RIFLE ASSOCIATION, AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC) : UNITED STATES: POLITICS: POLITICAL PARTIES: REPUBLICAN PARTY, TEA PARTY : UNITED STATES: STATES: FLORIDA : LAW CASES: Florida Self-Defense Law Complicated Jury's Job in Michael Dunn Trial
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Mon, 17 Feb 2014 06:32:02 -0500 (EST)
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CRIME AND CRIMINALS: MURDER HOMICIDE :
GUNS AND GUN CONTROL :
ORGANIZATIONS: NATIONAL RIFLE ASSOCIATION,
AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC) :
UNITED STATES: POLITICS: POLITICAL PARTIES: REPUBLICAN PARTY, TEA PARTY :
UNITED STATES: STATES: FLORIDA :
LAW CASES:
Florida Self-Defense Law Complicated Jury's Job in Michael Dunn Trial
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Florida Self-Defense Law Complicated Jury's Job in Michael Dunn Trial
By LIZETTE ALVAREZ
February 16, 2014
The New York Times
http://www.nytimes.com/2014/02/17/us/florida-self-defense-law-
hung-over-jury-in-michael-dunn-trial.html
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A shorter URL for the above link:
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http://tinyurl.com/nle3dcm
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JACKSONVILLE, Fla. In failing to acquit or convict Michael Dunn on the
most significant charge the premeditated murder of a teenager in a
dispute over loud music a jury on Saturday may have run headlong into the
breadth and reach of Floridas contentious self-defense law.
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In their 30 hours of deliberation, the 12-member panel wrangled with a
question that cuts to the heart of all self-defense claims: How does a
juror know when using lethal force is justified, where nothing is
straightforward, memories are hazy or contradictory and perception counts
as much as fact?
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Even as the jury agreed to convict Mr. Dunn of attempted murder, it found
no consensus on murder.
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In the courtroom, Mr. Dunn told the jury he shot Jordan Davis, 17, after
the teenager pointed a shotgun at him from the window of a sport utility
vehicle, threatened him and then got out of the truck. The two cars were
parked side by side in front of a gas station convenience store.
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But the prosecution said there was no shotgun: No witness saw one, the
three teenagers who were in the vehicle with Mr. Davis said they did not
have a shotgun, and the police never found one. While Mr. Dunn fired 10
rounds at the teenagers on Nov. 23, 2012, no one ever shot back.
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Rather, the prosecution argued, Mr. Dunn shot Mr. Davis because he became
enraged after the teenager disregarded his request to turn down the loud
rap music blasting from the vehicle and then mouthed off, hurling
expletives at him. He fabricated a story about the shotgun to bolster his
self-defense claim, they added.
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But the state failed to persuade everyone on the jury four white men,
four white women, one Hispanic man, two black women and an Asian-American
woman of their version of events. As a result, the judge was forced to
declare a mistrial Saturday on the charge of first-degree murder. A new
trial on that count is expected to take place later this year.
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This trial is indicative of how much of a problem Stand Your Ground laws
really do create, said Mary Anne Franks, an associate law professor at the
University of Miami. By the time you have an incident like this and ask a
jury to look at the facts, its difficult to re-create the situation and
determine the reasonableness of a defendants fear.
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The complete article may be read at the URL above.
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://workface.com/e/daviddillard
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- » [net-gold] CRIME AND CRIMINALS: MURDER HOMICIDE : GUNS AND GUN CONTROL : ORGANIZATIONS: NATIONAL RIFLE ASSOCIATION, AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC) : UNITED STATES: POLITICS: POLITICAL PARTIES: REPUBLICAN PARTY, TEA PARTY : UNITED STATES: STATES: FLORIDA : LAW CASES: Florida Self-Defense Law Complicated Jury's Job in Michael Dunn Trial - David P. Dillard
