Castle Doctrine on Parole vs Innocent Until Proven Guilty

Below I am going to make the case that we have a law that we desperately need to repeal…

The Martin-Zimmerman case has enacted tons of attention on Florida’s Castle Doctrine and duty to retreat laws – this despite the fact that it is irrelevant to the case.

  1.  If Martin was actively beating Zimmerman while he was on the ground, per George Zimmerman’s testimony. Zimmerman has no means to retreat.
     
  2.  If Martin was fighting off a George Zimmerman who was forcibly confronting him, per the Martin side of things, than Zimmerman also does not fall under the duty to retreat clause, being the aggressor.

So what is the argument against Castle Doctrine in this case?

“Zimmerman should be arrested and jailed!”

But wait, I thought America believed in “Innocent until proven guilty!” And this is the crux of the matter, do we believe in innocence until proven guilty?

If so, we need to let the process work. We might need to nudge it, but I sure as heck DO NOT want to eliminate America’s “Innocent Until Proven Guilty” foundation. And I’d wager African-Americans are even less inclined to see us disolve that fundamental American trait. Cause let’s be honest, African-Americans have throughout American history more often than most groups found themselves presumed “Guilty Before Innocent”.

Let’s just hypothetical say that Zimmerman is telling the truth. Do we really want to send a man to prison if he’s innocent?

And if he’s not innocent, and that determination is made, then Zimmerman will go to prison for manslaughter.

But let’s talk about all the hub-bub regarding repealing Florida’s Castle Doctrine. Why? How did it affect this case other than Zimmerman isn’t sitting in jail right now awaiting determination to his innocent or out $5 Grand for a bail bond.

The real net result is very minimal in regards to final justice.

CONFESSION: I did feel that initially, it looked as if the process had stopped when there were numerous questions involving this case. And that continued investigation, and a judicial review was necessary. I still believe Zimmerman may be guilty, but with all the evidence released, I have probably moved from a 60% / 40% in Martin’s favor to 60% / 40% in Zimmerman’s favor. But all that said…my opinion is meaningless, it’s the investigators and/or jury’s that will count.

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Now let’s talk about a law that Florida absolutely needs to repeal.

Parole

The parole process releases thousands of criminals onto our streets. And please understand, these are criminals – they have not completed their sentences. They haven’t “done the time, for the crime”.

I don’t know the exact figure, but I would wager an estimate that 85% of these parolees commit crimes upon their release. Though far less are likely caught, and even less lose their parole. My family had dealings (unfortunately) with one convicted Federal felon on parole. He was habitual in both fraud and crime, and yet three law enforcement branches did nothing about it for over a year.

One study concluded 45% of parolees fail their parole. Now realize, what that means…1/2 of parolees fail. Of that, the article claims 2/3 return for technicalities. Now considering it took about a dozen crimes for the one parolee I’ve ever had to deal with. I wager he probably returned on a technicality as well.

What affect does the returning of parolees to society result in? Per this article

  • 8% rise in aggravated (violent) assault
  • 20% rise in robbery reports
  • 10% rise in burglarly reports
  • 20% rise in murder rates

So the misguided claim is that Florida’s Castle Doctrine law is reponsible for the death of an innocent youth. Okay, well parole is responsible for the death, rapes and assault of tens of thousands of innocent people. If we need to abolish a law, one that leads to the harm and death of innocents, then clearly, the practice of parole should be abolished.

Imagine the life Jaycee Dugard would have had if Phillip Garrido , a convicted kidnapper, rapist, sex offender had not been paroled – who testified in court, “that he masturbated in his car by the side of grammar schools and high schools“. 

Do you think Jaycee’s life would have been better if she wasn’t locked in a basement being raped repeatedly for nearly 20 years?

Seriously, I believe the parole system is fundamentally broken. It exists because our prisons are too full. Our prisons are too full because we fill our prisons with perpetrators of so-called “victimless crimes”.  Be it an individual who enjoys growing and smoking cannibas or an elderly handicapped orchid hobbyist arrested by a SWAT team. (Seriously, neither is someone I want filling up my jails. If you want to abuse your body on drugs, that’s your call. The mere choice of drug, cannibas vs alcohol/tobacco really shouldn’t be the difference of freedom or prison. 2 years of filling up a prison slot that could have been used for a violent murdering rapist. Really, which do you want locked up and kept from society. 

God help those who find themselves or their loved ones harmed by a parolee. I believe at that point, the government has failed in it’s duty. Releasing violent criminals to prey upon society and repeat their crimes is negligence on the part of the government – and de facto negation of the rights we have ceded to them.

Therefore, I believe we should enact a campaign to have Florida repeal parole. Thousands more innocents are harmed in Florida by the parole process than Castle Doctrine.

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In the news…

Evil man who kidnapped an 11 yr old and fathered 2 children with her was arrested AGAIN!!!

“That check revealed that Garrido was on federal parole for a 1971 conviction for rape and kidnapping, for which he had served time in the federal penitentiary at Leavenworth, Kansas.”

http://www.cnn.com/2009/CRIME/08/27/california.missing.girl/index.html

I don’t know about you, but I am sick and tired of judges/parole boards releasing these guys back onto our streets. People talk about vigilante justice and how bad it is. Frankly, it’s far better than a legal system that feeds little children to the man-lions.

Senator Ted Kennedy has passed.  The quest to choose his heir has begun. List includes numerous potentials. But being Mass, we can pretty much ensure the following, the winner will be: Democrat & liberal!

Is there any chance of us getting a pro-gun Senator. Not likely…but we can always hope.  The article mentions a possible bid by former Representative Joe Kennedy.  Who if he ran, would probably get elected from the mere fact that thousands of elderly will go to the polls and vote for Kennedy, not even realizing he is dead.  If you don’t think that sort of thing is a factor in elections, than you don’t understand politics of cities.

And who is Joe Kennedy?  It goes like this “We need a Kennedy!”  “Which one?”  “Oh, I don’t care, just give us any ol’ Joe”…

http://www.cnn.com/2009/POLITICS/08/26/kennedy.senate.seat/index.html

Totally off-topic. But I couldn’t resist sharing…

Man hires contract workers, pays them only $2,000 a year. But he pays them with United States $50 coins. (Which happen to be 1oz of gold.)  IRS states it’s a tax-evading scheme.  As the value of the gold is approx. $40,000.  But since the workers only earned $2,000 officially, according to the law they do not have to report it.

“The IRA claims it’s a tax-evading scam”

But I think we all know the real problem. The problem is the government is the SCAM!

http://www.liberty-watch.com/volume03/issue08/coverstory.php

On Women and Guns

There has been much in the news regarding the increased sales of firearms.  What is often not mentioned is the fact that many of these sales are new sales, first time buyers. And many of those are women.

Our society often portrays firearms as the tool of men.  But in reality, they are the equalizer.  There is a saying “God made men, but Colt made them equal.”  The meaning of that saying is that prior to the firearm, an individual’s strength is what gave them power.  It was also what enabled them to overpower another who had less strength.  The firearm is a tool that allows a physically weaker individual to defend themselves against a physically stronger one.  Sadly, a situation which many women have found themselves in.

I wanted to provide some information and resources specifically for my female readers.

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The Cornered Cat
, is a website dedicated to information on self defense from a woman’s perspective. (Though it’s a great and informative read of us guys too!)

ProArms Podcast
is a roundtable discussion by a number small arms experts.  In August 2008 the ladies on the show did an all women podcast focused on topics and questions of interest to women.

Women of Caliber, is a female gun blogger who has a number of great posts on the matter of women with guns, and did a four part series on children & firearms  [ 1 ] [ 2 ] [ 3 ] [ 4 ]

A lot of information concerning firearms, training, etc is relevant to both men and women. But there are a number of aspects that are different. For example, holsters and carrying concealed. Women have hips…men don’t. This makes for a difference in how a holster fits. And many holsters and carry positions that might be comfortable for a man, can be very uncomfortable for a woman.

The above items are just a few resources to get people started. There are many others to be found. In fact, I even found a magazine called Women & Guns dedicated to women and guns. Now, I don’t know much about the magazine or it’s quality.  I am just putting it out there to show you what type of resources exist.

One of the biggest barriers that woman face when entering the world of becoming a gun owner, and taking responsibility for their own protection and the protection of their families, is the aspect of feeling alone.

Realize that you are not alone. There are between 12-17 million  women or even more in America who own firearms and protect themselves.  However, most of the time people are oblivious to the fact. People usually don’t go touting that they are a permit holder and are carrying a fire concealed. The whole point of carrying concealed is concealment. So how would you ever find out that the girl sitting next to you was carrying a .38 special?

Sometimes there are hints that shooters drop now and then if they think someone might also be interested in guns.  Occasionally, an individual is a bit more open about it, being an advocate – I fall into this category. It’s a compromise. In order to be an advocate I must share and reveal more than I would like to, but I do so for the purpose of advocacy –  to encourage people to take responsibility for themselves and their family’s well being, and to protect our communal rights to live safely.

The topic of gun ownership will often come up when a friend is or has been in a situation in which there was a risk of personal harm. Such as the drunken ex-b/f with the restraining order, having been raped, assaulted, robbed, etc.  It is at these times that ordinary people who prior walked around feeling safe, realize that they had simply, up until now, been lucky. They find themselves full of questions. Will it happen again? How can I be safe? Why?

It’s the realization that when in an emergency situation where seconds count, the police are only minutes away.  That realization is something akin to taking the “red pill” and seeing the Matrix for what it is.

Now I am not advocating that everyone get a gun. Truthfully, it’s not for everybody (if you’re a felon or irresponsible individual…please do not buy a gun).  But if you are a responsible individual who takes personal responsibility – than I think you should at least consider the merits of gun ownership. And if you do, I also suggest investing in some professional training. The NRA offers a number of courses that go from introductory, all the way to defense of the home and carry outside the home.

And while we’ve talked mainly about self-defense. There is an entire world of sporting and marksmanship to be found as a gun owner. Many women find themselves falling alove with the sport and competition of a variety of shooting sports.  Whether it’s marksmanship, shooting clay pigeons with a shotgun, or competitions which have more of a focus on practical self-defense techniques.  Shooting is fun!!! And women are good at it…

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PS – If you have any questions on any of the above topics, please feel free to contact me. I’ll try to provide an answer or at the very least, endeavor to point you in the direction of someone who can.  Especially, if you’re one who is considering becoming a gun owner but still has some concerns and need more information.  Contact info is on the right toward the bottom…