Rawls shooting to ignite 'castle doctrine' fires
By Sid Salter
[email protected]
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.
By Sid Salter
[email protected]
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.
