Sure, it’s a great soundbite to talk about whether Louisiana’s “Stand Your Ground” statute granted Ronald Gasser permission to fatally shoot Joe McKnight after an argument supposedly sparked by road rage. He’s now been charged with manslaughter, and plans to say it was all self-defense. But such a discussion intentionally and colossally misses a far more important question –whether Gasser would have been justified in using any self-defense in any manner at the time of the shooting. Gasser’s guilt doesn’t turn on gun laws, or the castle doctrine, or any other legal quirk; it turns on the straightforward facts that underlie the basic concept of murder. The only question worth asking right now is, “did Gasser overreact, or did he really think McKnight was going to hurt him?” And right there, in that simple inquiry, lies the difference between murder and a merely unfortunate fatality.Let’s get some criminal law … [Read more...] about Sorry But The Shooting of Joe McKnight is Not About ‘Stand Your Ground’ Laws
California self defense law
In Makah Indian Tribe v. Quileute Indian Tribe, 2017 WL 4767073 (9th Cir. 2017), Washington tribes had ceded lands to the United States through a series of treaties, including the 1855 Treaty of Olympia, negotiated by Governor Stevens (Stevens Treaties), which reserved to the tribes the "right of taking fish at all usual and accustomed grounds and stations" (U&A). The United States sued the State of Washington in the federal court for the Western District of Washington in 1970 to establish the continued validity of tribal treaty rights reserved in the Stevens-negotiated treaties. In 1974, Judge Boldt established standards and procedures for determining a tribe’s U&A, made U&A determinations for several tribes and reserved jurisdiction to determine subsequent disputes. In the instant case, the Quileute and Quinault tribes sought a determination under the Treaty of Olympia, that the right of taking fish include the right of taking seals and whales. Over the … [Read more...] about Indian Nations Law Update – November 2017 Selected court decisions
After YouTube shooting suspect Nasim Aghdam wounded three people at the company’s campus in California, questions remain about where and when she bought the 9 millimeter Smith & Wesson semi-automatic handgun that she allegedly used, authorities said Tuesday. But what is known is that California has some of the county’s toughest gun-control laws and that it has tightened them after previous shootings. And along with its strict gun laws, it has among the lowest number of gun deaths per capita, 43rd among the 50 states. YouTube Shooting Suspect ID'd; Parents Reported Her Missing The Giffords Law Center to Prevent Gun Violence, which considers California a national model, ranks the state number one in the country for the strength of laws governing background checks, military-style weapons, large capacity magazines, permits for carrying concealed weapons and access to weapons by domestic abusers and children. California was the first to enact extreme risk protection … [Read more...] about Did California’s Tough Gun Laws Prevent a Greater Tragedy?
By The Associated Press | May 15, 2018 at 4:06 pm By Don Thompson | Associated Press SACRAMENTO — A California judge on Tuesday threw out a 2016 state law allowing the terminally ill to end their lives, ruling it was unconstitutionally approved by the Legislature. Riverside County Superior Court Judge Daniel Ottolia did not rule on the legality of allowing physician-assisted death, but he issued an oral ruling saying lawmakers acted illegally in passing the law during a special session devoted to other topics, said lawyers for supporters and opponents. Ottolia kept the law in place and gave the state attorney general five days to appeal. Attorney General Xavier Becerra’s office did not immediately respond to calls and emails seeking comment. The Life Legal Defense Foundation, American Academy of Medical Ethics and several physicians challenged the law, which allows terminally ill adults to obtain a prescription for life-ending drugs if a doctor has determined they … [Read more...] about Judge tosses California assisted-suicide law
Home Daily News Showing anger can backfire for women lawyers,… Women in the Law By Debra Cassens Weiss Posted August 6, 2018, 6:05 am CDT Khakimullin Aleksandr / Shutterstock.com Deborah Rhode, director of the Center on the Legal Profession at Stanford Law School, has a favorite New Yorker cartoon that shows a king and queen in the throne room. The queen turns to the king and remarks, "But when a woman has someone’s head cut off, she’s a bitch." The cartoon gets a laugh when she shows it to women, Rhode says. Women lawyers can identify with the feeling that when they take the same action as a man, they may be judged differently. And research backs up their perception. Joan Williams. The research suggests that women lawyers are more likely to be judged in a harsher light than men when they display assertiveness, self-promotion or anger, according to University of California at Hastings law professor Joan Williams. The double standard is highlighted in … [Read more...] about Showing anger can backfire for women lawyers, studies say; law prof suggests ‘gender judo’ response