Unintended Consequences
Sunday, March 19, 2006
A proposed expansion of Alabama's "deadly force" law seems to be barreling toward passage in the state Legislature. After all, who wants to see law-abiding citizens go to jail or get sued when they kill thugs who threaten them in their homes, businesses and cars?
Unfortunately, the legislation fixes something that prosecutors say is not broken. Worse, in their efforts to address an imaginary problem, legislators may create a host of very real problems.
Jefferson County District Attorney David Barber and other prosecutors have argued the new "deadly force" bill is not just a license to kill for law-abiding citizens, but for criminals. Barber has gone so far as to say the law could double the murder rate.
Specifically, the bill expands the circumstances in which people can use deadly force to protect themselves. It also creates the presumption that people who use deadly force against aggressors are justified, and it protects them from criminal and civil liability.
It all sounds good in theory, of course. But in practice, prosecutors foresee criminals using the law to get away, literally, with murder.
The bill provides enough cover that someone could be killed for sport or spite, and the killer could argue it was done in self-defense. All he'd have to say is he felt threatened. Under this law, if a jury found the argument plausible, the killer would be presumed justified and immune from prosecution.
Why open this door? Because so many people are in prison today because they shot burglars coming into their homes? Hardly.
The truth is, there have been few problems under the current law. But that may change under the new law, which the National Rifle Association is pushing. When respected prosecutors like Barber start raising red flags, legislators should take a step back to make sure they are on the right course.
A good starting point would be a real discussion about whether current law is working or needs to be tweaked in some areas. If real problems are identified, legislators need to work with law enforcement officers to make sure the cure isn't worse than the disease.
As the bill now stands, legislators would be justified if they use deadly force against it.
