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my name is david labahn. eight years ago national organization to represent and include appointed and elected as well as deputies and assistant. on behalf of apa i am pleased of the opportunity to address the issues surrounding this vast expansion of self-defense repurchase stand your ground. as prosecutors we seek to do justice for victims and hold offenders accountable. especially in cases where life has been finally ended whether by firearm or other deadly means. since 2009 apa has tried to legislate progressive standard ground and assistant prosecutors to enforce these expensive new laws. i've attached to my testimony our statement of principle for guarding stand your ground law's, which have raised a number of troubling intense concern. prosecutors and professional associations have overwhelming opposed stand your ground law's when they're in their respective legislatures. the concerns expressed include the limitation or even elimination of prosecutors ability to hold violent criminals account for the ex
my name is david labahn. eight years ago national organization to represent and include appointed and elected as well as deputies and assistant. on behalf of apa i am pleased of the opportunity to address the issues surrounding this vast expansion of self-defense repurchase stand your ground. as prosecutors we seek to do justice for victims and hold offenders accountable. especially in cases where life has been finally ended whether by firearm or other deadly means. since 2009 apa has tried to...
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Oct 29, 2013
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labahn, do members of your organization overwhelmingly share your view? >> they do, and that is why point to the statement of principles. also, the difference between the legislative branch as well as the executive branch. my members are the executive branch. once the legislature steps forward as is the law, we can do everything we can to seek justice in those cases, just like what occurred in florida. even with that opposition, they are there and enforcement. >> in your experience, do the overwhelming majority of police officers shared this view? >> again, the officers that i am working at, yes, they are very sincere, and that is what i talked about justify killing an officer. indiana flip sat around and basically encourages, if you policy, topublic' take an officer's life unless you believe that the officer was following their scope of employment. that is craziness. >> police officers feel these laws may represent a threat to them? them.h a threat to they might be serving a search warrant, plainclothes, not in uniform, and i believe in the georgia case
labahn, do members of your organization overwhelmingly share your view? >> they do, and that is why point to the statement of principles. also, the difference between the legislative branch as well as the executive branch. my members are the executive branch. once the legislature steps forward as is the law, we can do everything we can to seek justice in those cases, just like what occurred in florida. even with that opposition, they are there and enforcement. >> in your experience,...
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Oct 30, 2013
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labahn, testimony has special meaning to me. the myriad of fact, and try to present them to a judge or a jury in a way that results in justice. thinked one word that i is profoundly important -- ambiguity. "stand your ground" as opposed to self-defense, even as i sit here, i wrestle with what the distinctions are in real life, and how they are explained to juries, and that is why i agree that thetor durbin ambiguity of these doctrines can encourage violence and confrontation. approval that it may give to people who feel that they've been insulted and may be threatened, not physically but verbally, it seems to me can orult in a hope of acquittal non-conviction, and thereby encourage violence. maybe you can speak to how in the courtroom this doctrine of "stand your ground" has a practical impact. >> thank you, senator. here i am in front of not one for most attorney general but two former attorney generals. i have to be really good on my law, especially as you talk about the courtroom. first of all, what this law does is place it
labahn, testimony has special meaning to me. the myriad of fact, and try to present them to a judge or a jury in a way that results in justice. thinked one word that i is profoundly important -- ambiguity. "stand your ground" as opposed to self-defense, even as i sit here, i wrestle with what the distinctions are in real life, and how they are explained to juries, and that is why i agree that thetor durbin ambiguity of these doctrines can encourage violence and confrontation. approval...
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Oct 30, 2013
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i'm david labahn, president of association prosecutorring attorneys, a private nonprofit organization safer communities. apa is the only national organization to represent and include appointed elected as well as deputies and substantiates. on behalf of apa, pleased to have the opportunity to address the issues surrounding this vast expansion of self-defense referred to as stand your ground. as prosecutors, we seek to do justice for victims and hold offenders accountable for actions especially in cases where life violencely ended whether by firearm or other dead hi means. since 2009, apa tracked legislative progression of stand your ground and prosecutors work to end force expansive new laws, and attached to the testimony our statement of principles regarding stand your ground laws, and the laws raisedded a number of troubling and dangerous concerns. prosecutors in the professional associations overwhelming opposed stand your ground laws in the respective legislatures. concerns expressed are elimination ability to hold violent criminals accountable for acts; however, even with the opp
i'm david labahn, president of association prosecutorring attorneys, a private nonprofit organization safer communities. apa is the only national organization to represent and include appointed elected as well as deputies and substantiates. on behalf of apa, pleased to have the opportunity to address the issues surrounding this vast expansion of self-defense referred to as stand your ground. as prosecutors, we seek to do justice for victims and hold offenders accountable for actions especially...
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labahn talking about being able to go and have your stand your ground law apply even though were you the initial aggressor there, he misses part of the law that he quoted because it goes on to say you can use it, but it puts strict restrictions on how you can use it in that case. it says stand your ground law is not available to person who initially provokes use of force against himself or herself unless, a, he or she exhausted every reasonable means to escape such a danger other than the use of force, which is likely to cause death or great bodily harm to the assailant, or, b, in good faith the person withdraws and indicates clearly to the the the assail lant they desire to withdraw with the use of force. bottom line is simple. understand your ground if someone initially provokes somebody else, then they are required to retreat. >> i want to thank the panel for the testimony, and once again, i thank ms. fulton. thank you for coming and reliving very painful moments so we can put this hearing into context. i thank all the witnesses for your testimony. there's been a great deal of int
labahn talking about being able to go and have your stand your ground law apply even though were you the initial aggressor there, he misses part of the law that he quoted because it goes on to say you can use it, but it puts strict restrictions on how you can use it in that case. it says stand your ground law is not available to person who initially provokes use of force against himself or herself unless, a, he or she exhausted every reasonable means to escape such a danger other than the use...
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Oct 31, 2013
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labahn. our next witness is senior fellow at constitutional studies at cato institute. previously was a special assistant advisor to the national force in iraq on the rule of law issues and was an attorney in private practice. mr. shapiro received an undergraduate degree from princeton and masters from the london school of economics and a lot of grief from the university of chicago law school. he clerked for judge grady jolly of the fifth circuit court of appeals. mr. shapiro please proceed. >> you mr. chairman thank you for this opportunity to discuss the right to armed self-defense but it's possible to fit this hearing is scheduled for september 70 marking anniversary of the constitution signing. on the tape of the schools have to teach about our founding document. my organization cato which thankfully is an publicly funded celebrates constitution day by releasing our supreme court review. in reality however every day is constitution day so please excuse me if i had to leave early to travel to the national constitutional center in philadelphia to discuss the constitut
labahn. our next witness is senior fellow at constitutional studies at cato institute. previously was a special assistant advisor to the national force in iraq on the rule of law issues and was an attorney in private practice. mr. shapiro received an undergraduate degree from princeton and masters from the london school of economics and a lot of grief from the university of chicago law school. he clerked for judge grady jolly of the fifth circuit court of appeals. mr. shapiro please proceed....