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"Stand Your Ground" Laws: Civil Rights and Public Safety Implications of the Expanded Use of Deadly Force

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AUTHENTICATED U.S. GOVERNMENT__ INFORMATION S. HRG. 113-626 "STAND YOUR GROUND" LAWS: CIVIL RIGHTS AND PUBLIC SAFETY IMPLICATIONS OF THE EXPANDED USE OF DEADLY FORCE HEARING BEFORE THE SUBCOMMITTEE ON CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION TUESDAY, OCTOBER 29, 2013 Serial No. J-113-35 Printed for the use of the Committee on the Judiciary I 0 O O z 0 r y C r S. HRG. 113-626 "STAND YOUR GROUND" LAWS: CIVIL RIGHTS AND PUBLIC SAFETY IMPLICATIONS OF THE EXPANDED USE OF DEADLY FORCE HEARING BEFORE THE SUBCOMMITTEE ON CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION TUESDAY, OCTOBER 29, 2013 Serial No. J-113-35 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PUBLISHING OFFICE 94-124 PDF WASHINGTON :2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking Member CHUCK SCHUMER, New York ORRIN G. HATCH, Utah DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut JEFF FLAKE, Arizona MAZIE HIRONO, Hawaii JOSEPH ZOGBY, Chief Counsel and Staff Director SCOTT KELLER, Republican Chief Counsel and Staff Director SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS DICK DURBIN, Illinois, Chairman AL FRANKEN, Minnesota TED CRUZ, Texas, Ranking Member CHRISTOPHER A. COONS, Delaware LINDSEY GRAHAM, South Carolina RICHARD BLUMENTHAL, Connecticut JOHN CORNYN, Texas MAZIE HIRONO, Hawaii ORRIN G. HATCH, Utah BROOKE BACAK, Democratic Chief Counsel ROY CHIP, Republican Chief Counsel CONTENTS STATEMENTS OF COMMITTEE MEMBERS Page Durbin, Hon. Dick, a U.S. Senator from the State of Illinois .................... 1 prepared statem ent .......................................................................................... 37 Cruz, Hon. Ted, a U.S. Senator from the State of Texas ....................... 3 Cornyn, Hon. John, a U.S. Senator from the State of Texas, prepared state- m e n t ...................................................................................................................... 4 0 WITNESSES W itn ess L ist ............................................................................................................. 35 Hon. Marcia L. Fudge, a Representative in Congress from the State of Ohio 6 Hon. Luis V. Gutierrez, a Representative in Congress from the State of Illin o is ................................................................................................................... 7 Hon. Louie Gohmert, a Representative in Congress from the State of Texas .... 9 Sybrina Fulton, Miam i, Florida .............................................................................. 11 prepared statem ent .......................................................................................... 42 Ronald S. Sullivan, Jr., Clinical Professor of Law, Director, Criminal Justice Institute, and Director, Trial Advocacy Workshop, Harvard Law School, Cambridge, Massachusetts ............................................12 prepared statem ent .......................................................................................... 47 David LaBahn, President and Chief Executive Officer, Association of Pros- ecuting Attorneys, Washington, DC .................................... 14 prepared statem ent .......................................................................................... 65 Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute, Wash- in g ton, D C ............................................................................................................. 17 prepared statem ent .......................................................................................... 71 John R. Lott, Jr., Ph.D., President, Crime Prevention Research Center, Swarthmore, Pennsylvania ............................................19 prepared statem ent .......................................................................................... 78 Lucia H olm an McBath, Atlanta, Georgia .............................................................. 21 prepared statem ent .......................................................................................... 94 CONTENTS QUESTIONS Questions submitted by Senator Dianne Feinstein for David LaBahn ........... 96 ANSWERS Responses of David LaBahn to questions submitted by Senator Feinstein ........ 97 MISCELLANEOUS SUBMISSIONS FOR THE RECORD Rashad Robinson, Executive Director, ColorOfChange.org, Oakland, Cali- forn ia, statem ent .................................................................................................. 99 Common Cause, Washington, DC, statement .............................. 104 The Center for Media and Democracy, Madison, Wisconsin, Lisa Graves, Executive Director, statement .........................................105 American Legislative Exchange Council (ALEC), Arlington, Virginia, letter to Sen ator D u rbin ................................................................................................ 143 American Legislative Exchange Council, Arlington, Virginia, statement .......... 163 Coalition letter, August 30, 2013 ................................... ..... 164 Page Center for Competitive Politics, Alexandria, Virginia, David Keating, Presi- d ent, letter ............................................................................................................ 16 6 Elijah E. Cummings, U.S. House of Representatives, Washington, DC, Octo- ber 29, 2013, letter to Senator Durbin .................................. 169 American Academy of Pediatrics, Washington, DC, September 17, 2013, state- m e n t ...................................................................................................................... 17 1 American Civil Liberties Union (ACLU), Washington, DC, September 17, 20 13, statem ent .................................................................................................... 175 Amnesty International USA, London, England, United Kingdom, Steven W. Hawkins, Executive Director, statement ................................ 180 Alabama Policy Institute, Birmingham, Alabama, Gary Palmer, President, August 21, 2013 statement ...................................... ..... 185 American Nurses Association, Silver Spring, Maryland, September 17, 2013, state ent .............................................................................................................. 18 7 America's Essential Hospitals, Washington, DC, Bruce Siegel, MD, President and CEO, September 16, 2013, statement ............................... 190 Academic Pediatric Association, McLean, Virginia, September 17, 2013, state- m e n t ...................................................................................................................... 19 2 Arizona Coalition to Prevent Gun Violence, statement ....................... 194 CeaseFirePA, Pennsylvania, September 17, 2013, statement ................. 200 Center of the American Experiment, Golden Valley, Minnesota, Mitch Pearlstein, Ph.D and Kim Crockett, J.D., August 30, 2013, letter ...... ...... 205 Chicago Sun-Times, September 27, 2013, editorial .......................... 206 Coalition, October 29, 2013, letter to Senator Durbin ....................... 208 CREDO Action, Jordan Krueger, Campaign Manager, September 16, 2013, letter an d appen dix .............................................................................................. 209 Congressional Research Service, Washington, DC, William J. Krouse, Spe- cialist in Domestic Security and Crime Policy, September 16, 2013, letter .... 218 Coalition to Stop Gun Violence, Joshua Horwitz, Executive Director, Sep- tember 17, 2013, statement .................................... ...... 224 Dream Defenders, Ahmad Abuznaid, Legal and Policy Director, October 28, 20 13, statem ent .................................................................................................... 229 Franciscan Action Network, Washington, DC, statement .................... 235 Howard University School of Law, Howard Law Students, September 17, 20 13, letter ............................................................................................................ 2 3 6 Illinois Council Against Handgun Violence, Chicago, Illinois, September 17, 20 13, statem ent .................................................................................................... 239 Iowans for Gun Safety, Des Moines, Iowa, September 16, 2013, statement 241 Institute for Policy Innovation, Lewisville, Texas, Tom Giovanetti, President, August 13, 2013, letter ......................................... ..... 242 John M. Phillips, Attorney for the family of Jordan Davis, statement .......... 244 One Million Hoodies Movement for Justice, Amy Frame, National Legislative Director, October 29, 2013, statement .................................. 250 Law Center to Prevent Gun Violence, San Francisco, California, September 17, 2013, statement ...........................................
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