Tag: murder

A declaration of gun independence

It’s really hard to be a good guy with a gun.

In my annual (at least) reading of the Declaration of Independence, I have been thinking a lot about this section:

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.

There’s a movement of people in the United States that seem to think the law, the government is SO oppressive that it does not apply to them. Notably of late, Nevada rancher Cliven Bundy has been grazing his cattle on federal lands for the last twenty years while refusing to pay grazing fees, because he doesn’t recognize the federal government. “The feds ordered Bundy to pay the fees he owed, ordered him to get his cattle off the publicly-owned property and let him know when they would be coming to enforce these orders in person… Between the end of March and April 10th, Bundy supporters whipped each other into a frenzy on social media, grabbed their AR-15s and AK-47s, and swooped down on the Bundy ranch to defend their newest freeloading patriot hero from the federal usurpers of the Bureau of Land Management.”

It appeared that at least some of the Bundy supporters were looking for the federal government to shoot, so they could shoot back and claim it was another Ruby Ridge or Waco. Instead, the feds walked away. FOX News embraced Bundy’s criminal activity, Because Freedom, until Bundy’s racist rants, and I’m STILL at a loss to understand their justification. Then again, I may be looking for the rational when it is not to be found.

I would not be surprised if some of the Bundy supporters were part of the Sovereign Citizens Movement, people who “believe that they — not judges, juries, law enforcement or elected officials — get to decide which laws to obey and which to ignore.”

200148614-001

Also, you have your folks who believe that the Second Amendment of the Constitution means that one has the right to terrorize others by carrying their large weapons around with them. In a climate of regular school shootings – though some of them apparently don’t count – this seems ill-advised. Even the National Rifle Association said this behavior was “downright weird” until the backlash forced them to retreat from that position.

The cartoon How to Tell the Difference Between an Open-Carry Patriot and a Deranged Killer was so good I reposted it on Facebook, to great response. If you were someone with mayhem on your mind, wouldn’t you shoot the Open Carry people first?

The spokesman for NRA, Executive Vice President Wayne LaPierre, (in)famously said, “The only way to stop a bad guy with a gun is with a good guy with a gun.” This was in response to the Newtown, CT tragedy when 20 children and six adults died in December 2012.

But a recent article in Gawker put factors about the use of even a concealed gun succinctly: It’s Really Hard to Be a Good Guy With a Gun. The guy who tried to stop Jerad Miller, one of the murderers of two Las Vegas police officers was instead killed by that murderer’s wife, Amanda. The Millers’ actions were fueled by anti-government rage.

One of the Gawker commenters added:

What are the chances of [a] situation being one in which you can safely draw your weapon (as defined by a decreased likelihood of hitting an uninvolved civilian, or drawing attention to the uninvolved civilians around you while drawing your gun, or mistaking another “good guy with a gun” for the perpetrator, or being mistaken by the cops as perpetrator)?

The Las Vegas murderers, not incidentally, were supporters of rancher Bundy.

I certainly have my issues with the government overreach – and that is probably its own post – but the behaviors described here, couched in patriotic language, make me feel most unsettled, and not particularly free.

Here’s a great response, though: Texas musicians are planning to answer… Open Carry Texas… These music lovers plan to exercise their right to openly carry guitars on July 4th.

 

Well, maybe not ALL people, but…

How is it that rape and sexual assault is so common on college campuses and in the nation’s military?

handglovesKen Screven was, according to the Times Union newspaper’s Chris Churchill, “the most recognizable black person here in one of the nation’s whitest metropolitan areas,” i.e., Albany-Schenectady-Troy, NY, for most of his 34 years as a now-retired television reporter. Having lived here for most of this period, I daresay Churchill was right. Screven even covered a couple of stories I was involved with, notably the January 1985 Rock for Raoul benefit, honoring the late Albany cartoonist/FantaCo employee/my friend Raoul Vezina.

I had this, literally, a nodding acquaintance with Screven when I’d see him in Albany’s Center Square, sort of the curse someone who has met a LOT of people (Ken) go through. We’ve more recently become Facebook friends, sometime after he became a blogger for the Times Union website, as I am.

Churchill reported: “Cellphone footage of the [Arbor Hill street brawl among black teens]… has circulated widely by now. Screven saw it shortly after it happened — on Facebook — and decided it would be provocative material for [his] blog… So he posted it, along with his reaction.”

Part of the narrative was that Screven found “the fight troubling — and, as an African-American, embarrassing.” And I totally GOT that, because I tend to feel that way. My late father most assuredly did.

Churchill noted that he doesn’t feel embarrassed by the stupid things white people do – such as the Kegs and Eggs riot of 2011 in Albany – and I’m sure that is true. Screven noted, “It just takes one black person to do one bad thing and the whole culture is demonized… The white culture is going to say, ‘There they go again.'”

Churchill is technically correct when he suggests that “not the entire white culture” reacts that way. It happens often enough, though, that this cartoon by Keith Knight feels very true, particularly the comparison between a misguided youth and a thug.

I remember reading a black columnist back in December 1993 – William Raspberry, perhaps? – talking about how much he, and black people he knew, hoped that the Long Island Railroad massacre shooter was not black. Of course, he was.

In an interesting variation, I’m now seeing this narrative, after the recent shootings near Santa Barbara, California, about some men feeling a sense of entitlement when it comes to access to women’s bodies. #NotAllMen, the Twitter hashtag reads; some guys are decent, sensitive souls who fight sexism with every fiber of their being, and surely that is true. We should not castigate an entire gender, because isn’t that prejudiced?

Yet #YesAllWomen resonates as true. I know a strong, independent, accomplished, married woman who has recently noted: “an innate instinct of self-protection around, yes, most men learned very early.” Women give out wrong phone numbers, tell guys they have a boyfriend (this piece notwithstanding), avoid eye contact with men lest they think you’re “interested.” You don’t even have to be in conversation with a guy; the drive-by schmucks are alive and well.

How is it that rape and sexual assault are so common on college campuses and in the nation’s military? Why are women demanding the same access to contraceptives as men do to Viagra met with slut-shaming? How is it that “gun extremists” target women with spitting, stalking, and threats of rape?

What has prompted someone to initiate a petition to stop sexual harassment at the San Diego Comic-Con and to create a formal anti-harassment policy, a document I signed, BTW? Maybe it’s Yes, All Men? Or as Louis CK put it, “There is no greater threat to women than men.”

No, most men are not rapists, or deadbeat dads, or mass murders. But almost all mass murders are men, and, in the United States, white men at that. Maybe that’s a good thing, because, perhaps, the situation will spark enough concern and outrage to aid in dealing with mental health issues, and controlling the sale of guns to people who are deranged. Nah, I’m just messing with you; we’ll have the same damn conversation after the next massacre.

The Kitty Genovese narrative largely debunked

Read the New Yorker article about the 1964 Kitty Genovese murder, and you will recognize that the New York Times story of the time had done a grand disservice to our views of the cities, especially NYC.

kitty_genoveseIf you were old enough – and I was – the name of Kitty Genovese was a name you knew. Not just that she was a murder victim in Queens, NYC, stabbed to death on March 13, 1964, “one of six hundred and thirty-six murders in New York City that year,” but that the apparent indifference to her plight by over three dozen “witnesses” spoke volumes about the apathetic nature of a segment of American life:

…the gist of the [New York Times] piece lent itself perfectly to Sunday sermons about a malaise encompassing all of us. It was a way of processing anxieties about the anonymity of urban life, about the breakdown of the restrictive but reassuring social conventions of the fifties, and, less directly, about racial unrest, the Kennedy assassination, and even the Holocaust, which was only beginning to be widely discussed, and which seemed to represent on a grand scale the phenomenon that one expert on the Genovese case calls Bad Samaritanism.

Except that the narrative was largely untrue. Not that her murder was not horrific, but read the New Yorker article, and you will recognize that the story had done a grand disservice to our views of the cities, especially The City.

The Kitty Genovese narrative – I was 11 at the time – terrified me. It fit into a narrative of black people, and their white supporters – disappearing in the South and ended up dead. But that was far away, down “there”. This story, not just the murder but the indifference, 180 miles from my home at the time, made my world just a bit of a scarier place.

I remember that after the Oklahoma City bombing in April 1995, one pundit noted that one would not expect that sort of thing in “the heartland” – my, I HATE that word – though you would EXPECT that sort of thing in NYC, and he used the 1993 World Trade Center bombing as an example. The people in what the NY/LA folks sometimes call “flyover country” are supposed to be immune to that sort of thing, because, it seems, they care more about each other. The one oddly beneficial thing about 9/11 was that, for a time, EVERYONE was a New Yorker, and that kind of divisive thinking went away, if only for a while.

Is Stand Your Ground bad law?

I could have sworn I had written about my concerns about the Stand Your Ground laws after Florida passed it, long before the shooting and killing of Trayvon Martin by George Zimmerman. Can’t find it. So I’ll cheat, and expand on this document from the government of the state of Connecticut.

The Castle Doctrine and “stand-your-ground” laws are affirmative defenses for individuals charged with criminal homicide. The Castle Doctrine is a common law doctrine [going back to English common law] stating that an individual has no duty to retreat when in his or her home, or “castle,” and may use reasonable force, including deadly force, to defend his or her property, person, or another. [There was a case a few years ago where some drunk guy wandered into someone’s home in western New York at 1 a.m. The intruder was shot and killed, and no charges were filled.] Outside of the “castle,” however, an individual has a duty to retreat, if able to do so, before using reasonable force.

Stand-your-ground laws, by comparison, remove the common law requirement to retreat outside of one’s “castle,” allowing an individual to use force in self-defense when there is reasonable belief of a threat. [Note this important distinction; one does not have to walk away from the conflict.] Deadly force is reasonable under stand-your-ground laws in certain circumstances, such as imminent great bodily harm or death.

Forty-six states… have incorporated the Castle Doctrine into law. Connecticut law justifies the use of reasonable physical force, including deadly force, in defense of premises. Connecticut courts have recognized the common law privilege to challenge an unlawful entry into one’s home, to the extent that a person’s conduct does not rise to the level of a crime. Deadly force is justified in defense of one’s property by a person who is privileged to be on the premises and who reasonably believes such force is necessary to prevent an attempt by the criminal trespasser to commit any crime of violence.

Twenty states have stand-your-ground laws. Generally, these laws allow an individual to use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first if the individual (1) has a legal right to be at the location and (2) is not engaged in an unlawful activity. Connecticut does not have a stand-your-ground law. Connecticut law specifically requires an individual to retreat, if able to do so, before using reasonable force.
***
The idea that one should be able to defend oneself, or another, in case of a reasonable threat is always true. The question in Stand Your Ground is how much effort one needs to use to try to extract oneself from the situation.

My concern is not people with guns, but rather short-tempered people with guns who take advantage of the notion of a perceived threat. At the absurdist end of the spectrum, I’m thinking of that Tennessee woman who shot at a car full of kids for turning in her driveway; fortunately, no one was hurt.

Is there a racial component in the perception of a “reasonable threat”? [Research John Roman] “found that Stand Your Ground laws tend to track the existing racial disparities in homicide convictions across the U.S. — with one significant exception: Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings.”

I’m uncomfortable with Stand Your Ground because I believe it has led to avoidable deaths and will continue to do so.

Florida: race, murder, self-defense

“The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty.”

After George Zimmerman’s acquittal in the shooting death of Trayvon Martin death in Florida, the New York Daily News did a piece When will it end? Deadly racial targeting of black men and teens is hardly ancient history.

So I find it difficult to look at the case as a singular event but in the context of a social pattern. Black-on-black murder doesn’t make headlines, unless it hits an epic proportion, as it has in Chicago recently. Black-on-white murders statistically draw tougher sentences. So there is always uneasiness when a white-on-black killing takes place.

In the “good old days”, there were often no consequences, and in these days, laws such as Stand Your Ground can justify the same result.

Jelani Cobb has covered the Zimmerman trial for the New Yorker. Her stories are all worth reading. George Zimmerman, Not Guilty: Blood on the Leaves has some quotable pieces.
“The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty.”
“Yet the problem is not that this case marks a low point in this country’s racial history—it’s that, after two centuries of common history, we’re still obligated to chart high points and low ones. To be black at times like this is to see current events on a real-time ticker, a Dow Jones average measuring the quality of one’s citizenship… That [Trayvon’s shooting] occurred in a country that elected and reëlected a black President doesn’t diminish the despair this verdict inspires, it intensifies it.”
*”Perhaps history does not repeat itself exactly, but it is certainly prone to extended paraphrases. Long before the jury announced its decision, many people had seen what the outcome would be, had known that it would be a strange echo of the words Zimmerman uttered that rainy night in central Florida: they always get away.”

Of course, the case may have hinged on the judge’s jury instruction, which was appallingly incomplete.

Perhaps not coincidentally, the review of the newly-released movie Fruitvale Station,- the true story of Oscar Julius Grant III, a young black man unjustly killed in California in 2009, notes how that story echoes the Martin case. “The film’s portrayal of a young black man as a complex human being– [not that] you’re either a thug or a saint, good or bad, black or white (sometimes literally), with no shades of grey between…. [T]he eagerness with which the pro-Zimmerman faction of the populace and media leapt breathlessly upon any scrap of negative information about his 17-year-old victim–he smoked pot! He talked like a thug on Twitter! He flipped off the camera in pictures! He may have stolen jewelry!… But even if every vile posthumous rumor that attached itself to Martin was true, even if he was a pot-dealing, thugged-out thief, what then? Is tweeting like Tupac a death-penalty offense?” Supporters of Trayvon have suggested he was a good son, someone who did well in school, who went to church, who did community service; assuming that’s true, that’s fine, but it’s just the “saint” side of the portrayal, and, for me, doesn’t materially affect the tragedy of the situation.

Another Florida case in which Stand Your Ground may be invoked is the first-degree murder case in which Michael Dunn, who is white, is charged with shooting into a car, killing 17-year old Jordan Davis, who was black, after an argument over loud music. (Sidebar: someone on Facebook complained about a person mentioning this case on FB, because the original story came out back in November 2012, as though it were old news, or resolved. Just this month, 2nd judge leaves the Michael Dunn/Jordan Davis case.)

Meanwhile, I came across this bizarre story from May 2013: Fla. mom gets 20 years for firing warning shots. “Marissa Alexander of Jacksonville had said the state’s ‘Stand Your Ground’ law should apply to her because she was defending herself against her allegedly abusive husband when she fired warning shots inside her home in August 2010. She told police it was to escape a brutal beating by her husband, against whom she had already taken out a protective order.” One is left wondering if she had instead killed her husband, she would be walking the streets, or whether her race (she’s black) or gender would have played into the case.
***
Related: this week is the 150th anniversary of the New York City Draft Riots. “With the ludicrous Newt Gingrich (who claims to be a historian) insisting the peaceful Trayvon Martin protesters were ‘prepared to be a lynch mob,’ it’s worth remembering that devastating eruption of white mob violence 150 years earlier when at least 11 black men were actually lynched.”

Lester Chambers of the Chambers Brothers Assaulted on Stage Dedicating Set to Trayvon Martin, with link to “Time has Come Today.”

Kids Who Die by Langston Hughes.

Social media & sharing icons powered by UltimatelySocial