I’ve been captivated for a month about stories coming from Florida regarding the killing of a 17 year old boy walking home after buying a bag of skittles. The victim appears to have been targeted because of his skin color and was killed by a man who, although asked by 911 to back-away, continued his pursuit of the “suspicious” young boy who was walking home and talking on a cell phone to his girlfriend.
I realize acts of violence occur daily and that bad things happen to good people, but what has me awestruck is how the shooter has been protected by a law called Stand-Your-Ground which Florida police cite as preventing them from arresting the killer. This law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. Under these legal concepts, a person is justified in using deadly force in certain situations and the "Stand Your Ground" (SYG) law can be a defense or immunity to criminal charges and civil suit. The Florida Legislature passed this law that expands what’s called the Castle Doctrine (a person’s house is his castle, hence defense is defendable) including justifying deadly force. In researching Stand-Your-Ground deadly force is considered justified and a defense of justifiable homicide is applicable, specifically in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to himself or another." Florida passed the Stand Your Ground law in 2005 and now 20 other states have similar laws – including New Hampshire.
The NH Stand-Your-Ground law took effect on Nov. 13, 2011 and simply ended the duty to retreat and lets anyone use deadly force to defend “anywhere he or she has a right to be.” The only exception to the NH law is if the person using the deadly force is the initial aggressor. This was passed over the Governor’s veto by the republican majority in the NH House, who you’ll remember as their first act after taking control was to permit concealed loaded weapons on the House Floor and Gallery. Our Attorney General Michael Delaney repeatedly cited the increase in violent crime in Florida since the law’s passage, and Claremont’s Police Chief Alexander Scott is quoted in an online publication (Lawofficer.com) that while NH hasn’t yet encountered a similar scenario where the stand-your-ground law played a direct role, "it's only a matter of time." He further stated how the “New Hampshire Association of Chiefs of Police lobbied very strongly against the law last year, arguing that Florida had seen an increase in violent confrontations since its law went into effect.” Furthermore, how NH law enforcement fears the same increase will occur here and this will result in an escalation of violence. Scott further speculated about why the NRA spent so much time and money lobbying for Stand Your Ground stating that “things were working before because the overall crime rate had been dropping, and stating he wasn’t sure why they would want to change that trend.” My concern is when did NH become so scared that shooting first & asking questions later would become the law of the land?
POLITICAL BUZZ:
Concord was buzzing last week about the decision by some senators to re-draw the map for the Executive Council. Locally, that means that Executive Counselor – Raymond Burton – will no longer represent Claremonters and much of the Upper Valley. I can’t remember when Ray Burton wasn’t our executive counselor and his services to residents of the area will certainly be missed if this plan goes into effect. The Executive Council is elected every two years and is a remnant of colonial days having begun in 1679, to ensure a check on the governor.
According to rumors, the decision to redraw the Executive Council is because Executive Counselor David Wheeler’s District-5 election is in jeopardy. Originally, Counselor Burton’s district was to remain basically the same; however the new plan has his region spiking to the southeast and including much of Strafford County and the heavily democratic cities of Rochester, Dover, and Somersworth. Capital gossip is this will make it difficult for Executive Counselor Daniel Saint-Hilaire to keep his seat as it will now include the communities of Concord, Hanover, Lebanon and Claremont. Also, since Raymond Burton isn’t well known in eastern NH, he may be vulnerable because of adding heavily democratic Strafford County to his district.
More gossip abounded regarding the new Connecticut Valley Senate Seat. Claremont and Charlestown will now join Hanover and Lebanon as part of Senate District-5 from Charlestown to Lyme. Two democrats have publically expressed an interest in running so a September Primary is expected. The two democrat candidates are Brian Rapp – a Claremont Firefighter and member of the Claremont School Board, and David Pierce – a Hanover Lawyer and State Representative. Both are well known in their respective areas, although Representative Pierce’s population base is larger, the challenge is who can raise the 70 thousand dollars minimum needed to win a senate seat today. Needless to say, political pundits are in full spin mode.
