Deadly force: Local lawmen fear ‘vigilante’ justice
Published 7:03 pm Tuesday, April 11, 2006
Last week, Gov. Bob Riley signed into law a bill expanding the circumstances under which a person could use deadly force in self-defense. Under the new law, people who feel their lives are in danger are justified in using deadly force against an aggressor and would not be required to retreat from an aggressor intruding in a dwelling, residence, or vehicle.
But is it a license to kill?
Both Limestone County Sheriff Mike Blakely and Athens Police Chief Wayne Harper say they considered the former law adequate and the new law might make people too likely to shoot first and ask questions later.
“This really concerns me,” said Blakely. “I don’t know what the Legislature was thinking. A lot of people’s perceptions are out of whack. There was nothing in the former law that said people couldn’t protect themselves.”
Harper concurs. “I think the (former) laws were strong enough,” he said. “I know they think they are sending a message, but I don’t think this will help.”
Indiana, South Dakota , Mississippi and Georgia also recently enacted similar laws.
“A lot of people might think they can just go out and shoot folks,” said Blakely. “I believe in protecting yourself and your property, but the law already provided for that.”
Formerly, a person could use force, including deadly physical force, to defend himself or herself or another person against an aggressor, under certain circumstances.
Both Blakely and Harper said the expanded circumstances give the impression that crime is out of control and that individuals can interpret the circumstances in which they could use deadly force.
“There will be those who think they can shoot if someone is stealing a can of gas,” said Blakely. “There are those who might feel they can impose the death penalty for crimes our system of laws doesn’t provide for.”
Ronald Jackson, executive director of People United in Birmingham, says the expanded law will not make society safer and he plans a challenge to the law.
“This sends the wrong message across the country that crime is out of control and that law enforcement can’t protect the people of Alabama,” Jackson told the Associated Press.
Harper agrees. “It shows that here is a perception that crime is getting worse than it really is,” he said.
Blakely said citizens should be aware that even if they are not found criminally liable for using deadly force, they might have to face civil action.
“I envision a situation where people are going to wind up getting shot and killed when it’s not justified,” said Blakely.
“If you wrongfully cause the death of another you might have to answer in civil court.”
However, the new law provides immunity from criminal prosecution and civil action for persons deemed justified in using defensive force against an aggressor, and would allow a court to award certain fees, expenses, and compensation for persons immune from civil action.
Harper said he could not recall anyone locally being prosecuted for using deadly force.
“People should use good judgment,” said Harper. “Deadly force is a serious thing.”