Submitted by LaunderMachine t3_zppgoj in baltimore
thethighshaveit t1_j0unr9u wrote
Reply to comment by jojammin in Stand your ground vs Duty to retreat by LaunderMachine
It's cute that you think SYG would be applied equitably.
jojammin t1_j0up3i9 wrote
Not sure what that means. It would be up to the jury to determine if the facts presented to them would satisfy the hypothetical stand your ground jury instruction based on the corresponding statute.
thethighshaveit t1_j0uroc6 wrote
Gee, you can't possibly imagine that might not mean equitable application? Also, prosecutorial discretion has a substantial effect on these cases. If there's inadequate evidence to prove that the individual did NOT act in self-defense, evidence that is hard to document because of the subjectivity of "fear," killers will not even be charged. And that's /if/ the local prosecutor is motivated solely by evidence and not protecting their buddies. Note all the times in recent news when overwhelming public outcry was needed to even charge murderers because the local prosecutor decided there was no crime.
If only research on this were easy to find.
https://efsgv.org/wp-content/uploads/StandYourGround.pdf
https://psychology.columbia.edu/sites/default/files/2017-04/1-s2.0-S0277953615301489-main.pdf
https://www.urban.org/urban-wire/stand-your-ground-laws-and-racial-bias
jojammin t1_j0uu940 wrote
>SYG shifts the burden of proof to the State
State always has the burden of proving defendants guilt beyond a reasonable doubt. What? You are citing papers without understanding them.
Jury, not the state, determines guilt and whether affirmative defense (defendant has burden usually under SYG statutes to prove self defense) has been met.
jojammin t1_j0uw7vz wrote
Wtf hypothetical are you talking about? Squeegee boy has been charged and is not a friend of the cops. Did you mean to respond to another comment?
thethighshaveit t1_j22lwkw wrote
I'm saying that being up to a jury depends on actually getting in front of a jury. I'm not talking about the squeegee situation in particular but the reality of prosecutorial discretion being used inequitably.
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