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WWL>Topics>>10-30 7:15am Tommy, Stand Your Ground laws

10-30 7:15am Tommy, Stand Your Ground laws

Oct 30, 2013|

Tommy talks to Loyola Law Professor Dane Ciolino about Stand Your Ground in Louisiana

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Automatically Generated Transcript (may not be 100% accurate)

I Tony Tucker -- WL 718 we're talking about seniors around -- not -- yet simple asking you if there good. Or a bad thing now and in some time next year about the trials saying that. Outstanding ground had not and do it Bedford we're not talking about the trade on -- George Zimmerman. Legal proceedings ages let's get lost in the weeds and we're talking about -- your ground laws -- date specific enough. And what kind of trouble can you find yourself and if you think -- says one thing and then it turns out to be something canals and audio text in this that cliches and I'd rather be. I tried by twelve and Terri dies expecting the corollary to that is what happens at those twelve which in jail for the rescue life. Stained ceiling on joints right now professor of law at loyal to -- and an ideal and are more at stake in the timeless. Stand your ground laws here in Louisiana for example and maybe if you like on the rest of the nation. Are they clear enough morally ambiguous and and is it up to the day in the police department. To charge you and and up to the jurors to sort out what you could -- couldn't do. Well Louisiana really couldn't couldn't be much clearer. Both from the justifiable homicide and statute. And it and the general job to protect the justification statute Irwin you can use force to protect yourself and your property. It makes both the very clear that if you're navigation. It unlawful active activities year who are in the place where you have a right to be then. You don't have any duty at all to retreat before using force. And you can as the statute says meet force with sports. And that you'd -- not cleared -- goes on. Make it absolutely clear that the jurors. Can't even consider the possibility of retreat. As as a factor in evaluating whether or not the use of force was reasonable. If the person who uses the force was at a place where he had a right debate. I'd so let's go to him merit Landry and I get a texas' look what he's gone through for trying to protect his family he. As I understand it. Did he shut the teenager and I think was trying to then jump -- fans in China. Break in his car those faxing. That's -- the fact that we as we know them and and he's he you know he he will have it is -- case goes to trial and he. Rated defense himself and his property. As a justification for the shooting. The jury will not be able to -- One popular consider whether a retreat was it was something that was such an option he should could. Considered but keep in mind. That the jury is gonna have to evaluate whether the force used was reasonable and necessary under all circumstances. So just because -- as a stand your ground law doesn't mean that that this individual or anyone else has the ability it is. Now essentially shoot first and ask questions later yeah. You can't use force under any circumstances unless it's reasonable. And necessary. I get people that work in the system that that tell me leaked to me and I analogy. Day expressed a year he did get too involved in the validity of this that'll Dana guess what I'm saying but if for example. There was video existing and stains found his cutouts on continue to question when we come back 721. Tommy Tucker talking about senior ground and and I vague laws senior ground -- a good thing or bad thing. And I know -- said that the the law is pretty clear but Mary Landry is has been charged he's got a mount a defense and then. I -- to Britain hands of a judge or jury on -- think you get the better. A verdict in an and you see what happens coming back in a flash right now I'm well crap. That would Terrell Robinson. Tommy Tommy Tucker continuing a conversation -- ceiling you know upload stand your ground laws were also gonna get to this guy that allegedly shot the police officer yesterday in his rap sheet. But but getting back to the merit Landry case nine and insiders tell me there's video of the guy that it was shot. Poland on merit landry's -- you know we don't know it's. Accurate and what isn't but in terms of stand your ground you said the losses you have to match force with force one. Do you always know what the other person hands and in his case. Does it matter if if it's your cars at an extension of your property from the outside. Or not from the inside and I mean I know the laws traditionally stand your ground say that as I believe you said. You shouldn't. Consider run away is an option right you don't get blamed if you don't run away. That that exactly would stand your ground at all about that. I was sent. You still cannot use unreasonable force it's got to be. Force that is under all the circumstances necessary to protect yourself or your property now if you're lawfully inside of house war. A vehicle. Then the law sets up some presumption that makes that that that essentially presume that. The torture using one reasonable and necessary so it does make it easier for you if you are using the force from within your car or with in New York house. Now it again that backed the -- page is still developing but. I don't if if if mr. Landry was not in his house or in his car when he. When he shot he will not get the benefit of resumptions although he's still not have. The jury will not be charged that he has. An obligation to retreat because the stand your ground laws do apply. -- -- Landry aside generally speaking your in your house years that the cars parked in your property your own car. Some ice breaking into -- you go out to confront them and then you think they have a weapon. And you kill him come to find out they don't even if they reach in other ways Vander what -- yet it's in your round coverage you covers you in that area. Stand your ground out but still a reasonable person in your shoes at that time. What it had at the same beliefs that is that that person was getting ready to shoot them. Or otherwise armament and a reasonable person. Would have thought that then -- use of force under those circumstances it is also reasonable. If a reasonable man was standing right next to you when you fired the shot in the regional man was essentially thanking god that guy's not a armed -- shooting. Under those circumstances that force would not be justifiable and and that the shooting would not be. Defensible. But at no point was the jury be instructed to -- -- even gone out his house and confronted the guy that was -- Mary Landry but in general. That that day is subjugation of gone out of the house and and tried to stop the break in should just call the police. Absolutely and I and I understand -- ground it would be instructed that they can't even consider the possibility of retreat. As a factor in determining whether they use of force was reasonable and necessary. -- Michael -- 35 yesterday arrested. -- with his story allegedly shooting a police officer and now also parole violation this guy 35 years old he was out on parole for second degree battery. Heroin and cocaine possession. Previously arrested according to police of first degree murder illegal carrying of a firearm during a crime resisting a police officer. Battery and a police officer flight from police officers felon with a firearm single a several simple and arm robberies possession of a weapon several batteries and aggravated batteries. Several domestic violence charges damage to property violation of a protective order. Possession of stolen property theft contraband in jail trespassing and disturbing the peace traffic and -- -- -- how in the world assimilate just wind down out on the stroke lined up out on the street -- and allegedly shoot a police officer. Well at those Olympic convictions that he would have been subject of an habitual offender laws the the laws that that. Impose mandatory minimum jail time for repeat offenders. But. Which you just -- losses long. Frightening list of of arrests but they're just Iraq and and arrests don't make -- subject of habitual offender law only convictions do. And you know judges every day have to make tough calls about whether a person who's going to be. Bailed out of jail or parole boards and pulling people. Whether they're going to be a future. Whether they're going to be dangerous to the public want to release him and nobody got their crystal ball. That now of course the long litany of around like that it's a clue. And those kinds of arrests can be considered in Indian bail and and parole decisions but. The reason that guys on the street because those were nearly arrests not convictions and they've been convictions likened I assure you that with that long list. He would still be in jail. Thank you Dana appreciate your time have a good day our --

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