MS - Rawls shooting to ignite 'castle doctrine' fires

[FWiedner]

Rawls shooting to ignite 'castle doctrine' fires

By Sid Salter

In 2006, Mississippi lawmakers will likely be debating the old common law notion that a "man's home is his castle."

Ex-convict Marcus Rawls, 23, of Jackson — whose criminal record includes convictions on drug charges, burglary and receiving stolen property charges — was killed by a single gunshot wound to the head in the pre-dawn hours Sunday.

Rawls was released from prison in October.

After a 911 call, Jackson police found Rawls' body on the porch of a home they believe he was trying to burglarize at the time he was shot by the homeowner, who fired a single shot through the door at about 2 a.m. The homeowner told police he was trying to scare the intruder away and didn't know anyone had been hit until a few hours later.

Dressed for the occasion?

Rawls was wearing a ski mask and gloves at the time of his death.

Jackson Police Department officials have declined to identify the homeowner who fired the shot, but no arrests have been made in a shooting that appears to be a case of a homeowner who was trying to protect himself from an intruder.

For her part, Rawls' mother, Vonda Rawls, doesn't believe her son was involved in an attempted burglary and is upset that no charges have been filed against the homeowner.

The case remains under investigation. A Hinds County grand jury will eventually sort out what happened on the porch of the house at 464 Willaman Street in Jackson. But the case of the Rawls shooting is likely to stay in the news for some time regardless the decision of Hinds County grand jurors.

The Rawls shooting is a poster child case for proponents of what has come to be called the "castle doctrine" — the notion founded in British common law that one's home is one's castle and that the owner of the castle has a right to defend it.

The "castle doctrine" governs the rules of self-defense for criminal and tort law in almost every state, including Mississippi.

Florida recently adopted a new "castle doctrine" law that was known as the "Stand Your Ground" law. The new law expanded the self-defense laws in Florida and made it easier to lawfully shoot dead home, car or even boat intruders.

With the strong backing of the National Rifle Association, the Florida "castle doctrine" changes took on a political life of their own.

How does new law work?

Law professor Anthony Sebok of Brooklyn Law School in New York wrote in FindLaw's Legal Commentary in May that the new Florida law changed self-defense laws in that state in the following ways:

First, under the old law, any persons who killed someone in their home had the burden of proof to show that they were in fear for their safety. Now, all such persons have to do is establish that the person they killed was "unlawfully" and "forcibly" entering their home when they shot the victim.


Second, the new Florida law expanded the definition of "castle" to include vehicles — such as cars and boats. This expansion the "castle doctrine" was clearly intended to address carjackings.


Third, in Florida, a citizen can now "stand his ground" even if outside of his or her home. But to do so, one must "reasonably believe" that using deadly force is necessary to prevent "imminent" use of deadly force against oneself or others.

Mississippi is a place where gun ownership is high and gun control laws are DOA in the Legislature. Changes to the state's already tough self-defense laws will pass in a cakewalk and this issue has strong legs.

The only thing that could make a "castle law" change here pass faster is if the man who shot Marcus Rawls is indicted.

http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20051130/COL0412/511300316/1144


*FW Note:

Marcus Rawls was a career criminal who was killed by a homeowner while he was committing a crime on that homeowner's property in the dark of night.

For some reason, the addage "A fair wage for a  good days work" comes to mind.

 :wink:

[Graybeard]

Reminds me a bit of an incident from a great many years ago that took place across the street from my home place.

At the time I had just recently gotten married and moved out on my own. The family across the street and my family were the only houses at the end of a dead end street. It was very late at night.

A black man (not that color really enters into the picture but just to keep things accurate) who was quite drunk came knocking on the door of the house across from my parents home. The father was at work and only the mother and her two children were at home. The oldest boy was maybe 10 years old.

When asked by the woman of the house what he wanted his reply was "I want YOU". She told him to leave and that they had a gun. He continued trying to break down the door to get inside. She told the oldest son to go across the street to get my dad. A very risky trip I'd think.

He did go out the back door with an old military rifle in hand. He had been trying to load it but wasn't sure how to do it. Just about the time he got even with the porch where the man stood he finally got the shell to chamber in the old Mauser. The man was kicking at the door and about to get in. The boy took a shot and actually hit the man in the head killing him instantly.

It was later found the man had tried to enter several other houses further up the road and been run off at each by the man of the house. The boy wasn't charged.