An analysis of U.S. crime data by a British newspaper has found there’s been a 25 percent increase in civilian justifiable homicides since the controversial “stand your ground” (SYG) laws started being introduced in 2005.
London’s Guardian newspaper analyzed data from FBI and state sources. It concludes that the spike in civilian justifiable homicides is related not only to SYG laws, but also weak gun control laws in certain states.
Florida was the first state to introduce an SYG law in 2005 and similar measures have now been adopted in some form by more than 20 states. Most were passed in 2006. Ohio doesn’t yet have such a law, but it’s believed that gun advocates might be planning a campaign for one here soon.
Florida’s SYG law is expected to be part of the defense made for George Zimmerman, if he is charged with a crime. Zimmerman was the neighborhood watch volunteer who shot and killed an unarmed African-American teenager, Trayvon Martin, Feb. 26 in Sanford, Fla. The incident has triggered widespread public outrage.
The Guardian’s analysis shows that SYG laws alone cannot be statistically linked with the rise in justifiable homicides. But in states with both SYG laws and the weakest gun control laws — as defined by the Brady Campaign to Prevent Gun Violence — it found a statistical correlation with an increase in justifiable homicides.
Across the United States, such killings have risen sharply over the past five years, according to the data provided by the FBI and the Florida Department of Law Enforcement. From 2001-05, there were 1,225 homicides classified as justifiable, compared to 1,528 in the period 2006-10. By contrast, violent crime overall has been falling.
"The police are shooting more people and citizens are shooting more people. We're evolving into an increasingly coarse society with no obligation to diffuse a situation and rapidly turn to force,” said Professor Dennis Kenney, of John Jay College of Criminal Justice in New York and an ex-police sergeant in Florida. "People are literally getting away with murder."
SYG laws allow a potential crime victim who is in fear of “grave harm” to use deadly force in public places, not just inside their own homes. They eliminate the legal requirement to retreat before a person may claim he or she acted in self-defense.
SYG laws have been pushed by the American Legislative Exchange Council (ALEC), which drafts model legislation for state lawmakers to use.
State Sen. Bill Seitz (R-Green Township) is among ALEC's leaders, as CityBeat has previously reported here and here. The group, which held its annual meeting in Cincinnati last spring, has a membership of nearly 2,000 state legislators and around 300 private-sector members.
Funded by the Koch brothers, the National Rifle Association, oil companies and others, ALEC’s model bills have served as the template for "voter ID" laws that swept the nation in 2011, for the voucher programs that privatize public education, for anti-immigrant legislation, and for the wave of anti-labor union legislation pushed during the past two years in Ohio, Wisconsin, Indiana, Arizona, New Hampshire and elsewhere.
This week Coca-Cola and PepsiCo dropped their memberships in ALEC, amid the threat of boycotts.
In 2010 National Public Radio reported that Corrections Corp. of America (CCA), a private-sector ALEC board member, participated in the drafting of Arizona Senate Bill No. 1070. The report documented the behind-the-scenes effort to draft and pass the law and how the CCA stood to benefit from people incarcerated under it.
Marvin Meadors, a Huffington Post contributor, has described ALEC as “a bill-churning mill which uses corporate money to draft model legislation that advances the agenda of the Far Right and encourages crony capitalism.”
Hundreds of streetcar supporters packed the Mercantile Library last night outlining the several different ways they plan to campaign to save the project — including various forms of litigation The Enquirer typically enjoys playing up as potentially costly to taxpayers — a story similar in concept to the anti-streetcar protests The Enquirer gave attention to leading up to the election.
The Enquirer’s cursory wrap-up of the event was removed from the cincinnati.com homepage this morning, and it's currently not even listed on the site's News page even though it was published more recently than several stories that are. Left behind on the homepage is a real joke of analysis: the fact that the $1.5 million monthly construction cost divided by 30 days in a month amounts to $50,000 per day, assuming workers put in the same amount of time every day in a month and the city gets billed that way, which it doesn’t.
The $1.5 million figure has been known for weeks, but $50,000 per day sounds dramatic enough that concerned taxpayers everywhere can repeat it to other ill-informed people at the water cooler. If these math whizzes wanted to really piss people off they would have broken it all the way down to $34.70 per minute, 24 hours a day. Man, fuck that streetcar!
At least the story’s third paragraph offered a piece of recent news: Halting construction will still cost the city $500,000 per month because it will be on the hook for workers who can’t be transferred and costs of rental equipment that will just sit there. (For Enquirer-esque context: It will still cost $16,667 per day or $11.57 a minute to temporarily halt the project.)
Also, the note in the headline (“Streetcar, which Cranley plans to cancel, still costing $50K a day”) reminding everyone that Cranley plans to cancel the project that is currently costing money seems unnecessary considering THE ONLY THING ANYONE HAS HEARD ABOUT SINCE THE ELECTION IS THAT CRANLEY PLANS TO STOP THE STREETCAR. It does nicely nudge readers toward the interactive forum they can click on and publicly lament how people who don’t pay taxes have too much control over our city.
(Additional professional advice: Consider changing the subhed from, “It'll be costly to stop, and costly to go on, but work continues until Cranley and new council officially stop it” to something that doesn’t sound like you have no idea what the fuck is going on.)
For context, the following are the streetcar stories currently presented on the website homepages of local media that have more talent/integrity than The Enquirer:
Cincinnati Business Courier: Feds: If you kill the streetcar, we want our money back
CONSERVATIVE MEDIA BONUS: 700WLW even has a relevant piece of streetcar news, although you have to scroll past a video of Russian kids wrestling a bear and an article suggesting that Obamacare is the president’s Katrina (whatever that means): Feds: Use money for streetcar or pay it back.
Today’s issue of The Whistleblower – a gossipy Web-based newsletter – published the home address of U.S. Rep. Steve Driehaus (D-Price Hill), who voted in favor of the recent health care reform bill. The newsletter suggests opponents stage a protest at his house on Sunday.
Just hours after a Swiss bank froze access today to a legal defense fund established for WikiLeaks provocateur Julian Assange, a group of hackers have shut down the bank's Web site in an escalating "infowar."
A group calling itself Operation Payback took responsibility for the Internet attack on the Swiss bank, PostFinance, via its Twitter account. "We will fire at anyone that tries to censor WikiLeaks," the group said in its announcement.
Gary Mohr, director of ODRC, made the announcement while talking to legislative reporting service Gongwer in Columbus Tuesday.
“We're going to stay the course on those (sentencing reforms) and I think privatizing
additional prisons would take away from that reform effort that we have,
so I'm not anticipating privatizing any more prisons in the short term
here,” he told Gongwer.
Ohio became the first state to sell one of its own prisons to a private prison company in 2011. The ACLU criticized the move for its potential conflict of interest. The organization argued that the profit goal of private prison companies, which make money by holding as many prisoners as possible, fundamentally contradicts the public policy goal of keeping inmate reentry into prisons and prison populations as low as possible.
In his comments to Gongwer, Mohr said the state will now focus on lowering recidivism, not increasing privatization: “I don't think you can go through upheaval of a system and continue to put prioritization on reform at the same time. I think if we were to re-engage again on privatization of prisons, then we're going to take the eye off the ball a little bit, and I think we're making great progress. It's a matter of focus.”
In the past, the ACLU and other groups criticized Mohr's previous ties to private prison companies — particularly his private work for Corrections Corporation of America (CCA) before he became the director for ODRC. CCA in 2011 became the first private company in Ohio's history to purchase a state prison. The connection presents another possible conflict of interest, and it is only one of the many connections between CCA and Gov. John Kasich's administration.
Mike Brickner, ACLU researcher and director of communications and public policy, praised ODRC's decision in a statement: “Despite millions spent by private companies trying to convince policy makers and local governments otherwise, numerous studies have shown private prisons put their own profit ahead of good public policy. ODRC is wise to see that the privatization model distracts from their important efforts to shrink inmate population and reduce recidivism.”
But Brickner also made further demands from the state: “ODRC should go a step further by making a commitment not to privatize additional prison services such as food and medical care. Arguments for privatizing these services use the same faulty logic as the arguments for privatizing entire prisons.”
CityBeat was not able to immediately reach ODRC for comment on Mohr’s announcement. This story will be updated if comments become available.
During the course of researching and reporting last week's story on prison privatization in Ohio, CityBeat found the ODRC to be dismissive of our interest in speaking with Mohr or a spokesperson about private prisons. During two weeks of correspondence, CityBeat received numerous excuses as to why the ODRC couldn't grant an interview and eventually received two emails with the exact same statement — one from ODRC, a state
department, and one from Management and Training Corporation, a private
company that manages prisons in Ohio. The statement added a strange twist to the already-suspicious fact that the ODRC didn't want to talk about its prison privatization plan with the media. A full explanation of the issues ODRC posed to the reporting process can be found in the editor's note at the end of the cover story.
Almost a full decade after Cincinnati voters passed a charter amendment that changed the way police chiefs are selected, it's being used for the first time.
City Manager Milton Dohoney Jr. announced this morning that he's selected a candidate from outside the current police ranks to head the Cincinnati Police Department. James E. Craig, who currently is the chief in Portland, Maine, will take the top spot here beginning in about a month, a city spokeswoman said.
UPDATE: Some courthouse officials are saying CityBeat's sources are wrong, and that no decision has been made on who will fill Clancy's former job. The officials say applications were being accepted until Jan. 5, and the judges will decide later. One option would be to keep the position vacant, at least temporarily, to save money. Other sources, however, are saying the selection of Jodie Leis-George and Casey DeNoma to share the job is a "done deal" and courthouse officials are seeking political cover for the choice. We shall see in the weeks to come.
The resolution expresses council’s dissatisfaction with the Ohio Legislature for granting “special privileges to the oil and natural gas industry” and asks it to repeal any laws that pre-empt local control over drilling.
The resolution targets the controversial practice of hydraulic fracturing or “fracking,” which uses chemically-laced water to free up natural gas trapped in shale formations underneath Ohio.
Fracking opponents worry that the chemicals used in the fluid — which companies aren’t required to disclose — can be toxic to people and animals.
Prior to the council vote, Vice Mayor Roxanne Qualls and Councilwoman Laure Quinlivan held a news conference on the steps of City Hall.
“I believe local officials should have a say on all matters related to potentially hazardous activities such as fracking,” Quinlivan said in an emailed statement. “I urge my colleagues to send a strong message to the Ohio Governor, the Ohio Legislature, and Cincinnati residents by passing this resolution.”
A 2004 state law puts regulation of oil and gas drilling
under the state’s purview, preventing municipalities from regulating
drilling on their land.
Copies of the resolution will be sent to Gov. John Kasich and members of the Ohio General Assembly elected from the Cincinnati area. The resolution comes after Ohio recently lifted a moratorium on new injection wells, which shoot wastewater deep underground for storage.
There had been a temporary ban on new wells almost a year ago after seismologists said an injection was to blame for 11 earthquakes around the Youngstown area.
City council in August passed an ordinance to band injection wells within city limits. Because the injection well ban doesn’t mention drilling, council hoped it wouldn’t clash with the state law preventing local regulation of oil and gas drilling.
A unanimous City Council vote on Wednesday to pass a resolution officially representing Cincinnati's opposition to the proposed H.B. 203, Ohio's own version of controversial "Stand Your Ground" laws, is part of a statewide advocacy effort to oppose loosening restrictions on the use of deadly force.
The vote puts Cincinnati in the middle of a national dialogue that's been ongoing since the death of unarmed 17-year-old Trayvon Martin in Sanford, Fla., in 2012.
The bill, introduced by House Republicans on June 11, contains several revisions to the state's gun laws, the most controversial of which is the proposal to expand the circumstances in which a person has no duty to retreat from a threatening situation before using force in self-defense. Those in opposition to the bill worry that change will encourage vigilante justice and give gun owners a false sense of entitlement in using their firearms in otherwise non-violent situations.
The bill's language also loosens restrictions on concealed carry permits and would make it easier for individuals subject to protection orders to obtain handguns.
State Rep. Alicia Reece spoke at a Wednesday press conference at City Hall to support Cincinnati's formal opposition to the bill. Reece, also president of the Ohio Legislative Black Caucus, is part of its statewide campaign to garner enough opposition to H.B. 203 to present to Gov. John Kasich and other legislative leaders.
She says OLBC has already collected about 5,000 petitions and hopes to obtain more than 10,000 by the time the Ohio House of Representatives resumes regular sessions on Oct. 2.
Reece and Councilwoman Yvette Simpson, who sponsored the resolution, insist that Ohio's self-defense laws are already strong enough to protect those who face physical threats from others. In 2008, then-Gov. Ted Strickland signed Ohio's "Castle Doctrine" into law, which stripped homeowners of the duty to try to retreat in threatening situations and gives them the "benefit of the doubt" when they injure or kill a person who enters their residence or vehicle.
"While many states around the country which have Stand Your Ground laws are looking at ways in which they can repeal those laws, or change those laws, unfortunately Ohio is moving backwards by trying to implement Stand Your Ground laws, which has become one of the most polarizing issues not only in the state of Ohio, but in the country," said Reece at Wednesday's press conference.
The efficacy of stand-your-ground laws to reduce violence is widely debated; several researches insist that the laws actually cause an increase in homicides. Mark Hoekstra, an economist with Texas A&M University, published a study that found homicides increase 7 to 9 percent in states that pass stand your ground laws, compared to states that didn't pass laws over the same period. His study found no evidence the laws had an effect on deterring crime during the time period. Those statistics are difficult to gauge, however, because some homicides are legitimately considered "justifiable" while others may just be the result of the "escalation of violence in an otherwise non-violent situation," he told NPR in January.
H.B. 203 is currently waiting to be heard in front of the Policy and Legislative Oversight committee. See an analysis of the bill below:
"It is inherently wrong to allow private businesses to make a profit off
the incarceration of others," said Brickner in an ACLU press release. “Our state’s
prison system is bloated, and private corporations have a vested financial
interest to ensure our prisons remain full. If state officials have any hope of
shrinking our prison population, we must implement transformative criminal
justice reform policies and reject interests that grow our prison system.”
Brickner suggests that concerned citizens contact their elected representatives to express their opposition to privatizing prisons. Read the ACLU's full report on privatizing prisons here.