October 27, 2012
PUNISHING ADULTERY FALLS UNDER A DIFFERENT DOCTRINE ANYWAY:
The Insane Defense of the "Castle Doctrine" Gone Wild : A tragic killing in Montana proves once again that these laws do more to encourage violence than to prevent it. (Emily Bazelon, Oct. 25, 2012, Slate)
One amazing thing about the recent spate of laws that make it easier to shoot people and get away with it is how much prosecutors hate them. "It's an abomination," one Florida prosecutor told the Sun Sentinel, referring to the state's "stand your ground" law at the center of the tragic killing of Trayvon Martin. And now we're hearing from Montana's county attorneys, sheriffs, and police chiefs, all of whom oppose the 2009 law that expanded the "castle doctrine" to give homeowners more leeway to kill potential intruders. The law is "a solution that had no problem," the president of the Montana County Attorneys' Association said. And earlier this month, the prosecutor for the town of Kalispell cited the newly strengthened castle doctrine in refusing to indict Brice Harper, a man who shot and killed Dan Fredenberg, the husband of the woman Harper was having an affair with. Harper didn't kill Fredenberg at the end of a violent encounter. He killed an unarmed Fredenberg when he walked into Harper's garage.The idea that Harper won't be charged is crazy making because he had a clear, safe choice that didn't involve shooting.
Posted by Orrin Judd at October 27, 2012 9:12 AM
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