BREAKING: A judge has ruled a jury can consider the Castle Doctrine - basically a Stand Your Ground law - during deliberations to determine whether a Texas woman should be punished for entering the wrong apartment and fatally shooting an unarmed Black man. https://dfw.cbslocal.com/2019/09/30/jury-consider-castle-doctrine-amber-guyger-murder-trial/ …
Stand Your Ground laws allow residents to use force, including deadly force, if they "reasonably believe" they‘re at risk of death or bodily harm. The law specifies that people have "no duty to retreat" from their homes or vehicles if they feel threatened. #BothamJean #txlege
The @urbaninstitute found that when white shooters kill Black victims, homicides are 11 times more likely to be deemed justifiable. Justifiable homicide rates among people shot to death among the Black population doubled between 2005 to 2011 in Stand Your Ground states.
The prosecutor tried to push jury away from Castle Doctrine defense, saying that it was Botham Jean’s home - not Amber Guyger’s - and that the Castle Doctrine should actually protect Jean.
Texas passed its castle doctrine measure in 1995, which said an individual didn’t need to run away if defending home or property. Lawmakers expanded it in 2007 to say individuals didn’t need to retreat, and needed only to prove a legal right to be present during act of defense.
Here’s more on the law from the Texas lawmaker who wrote it: @JeffWentworthTX
“If we‘re standing in our yard, a mall, a grocery store, or any place we have a right to be legally, we’re not required by law to retreat but may defend ourselves if attacked.” https://www.mysanantonio.com/community/northeast/news/article/Texas-Castle-Doctrine-law-protects-our-3507040.php …
The @NRA has been behind the campaign to support the rapid spread of expanded “self-defense laws” combined with lobbying to degrade states’ concealed carry permit requirements in order to sell guns.
Apparently the judge allowed the jury to consider the Castle Doctrine because it goes in tandem with "mistake of fact" instruction, which Texas’ “self defense” laws allow. Eg, Guyger allegedly believed it was her apartment; that goes to mistake of fact. https://blog.simplejustice.us/2019/09/21/will-mistake-of-fact-save-guyger/ …
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