The UK's new self-defence law opens the door for a Trayvon Martin case

By placing what is essentially a variant of Florida's "stand your ground" law on the statute book, the coalition has created the potential for greater acts of vigilantism.

Tony and Trayvon Martin. Not related by blood, but the two share more than a surname. The supporters of both men claim that they are the victims of unfair self-defence laws in their respective countries. Whereas in the UK, Tony Martin was deemed to have unlawfully killed the burglar who had entered his farmhouse, Trayvon Martin’s killer has walked free from a Florida Court. In seeking to avoid the issues caused by Tony Martin’s prison sentence, the UK government has made worrying moves towards the much-criticised US position.

The “stand your ground” self-defence law in Florida, states that a person who is attacked in a place where he or she has a right to be has “no duty to retreat and has the right to… meet force with force, including deadly force if he or she reasonably believes it is necessary to do so”.

In the aftermath of the Zimmerman trial, the United States Attorney General, Eric Holder called into question “laws that senselessly expand the concept of self-defence and sow dangerous conflict in our neighbourhoods”. The veteran campaigner Reverend Al Sharpton went as far as to describe the stand your ground law, which exists in over 30 States as the “worst violation of civil rights” in America. If the dry words of the legal text books do not provide enough context, perhaps the fact that this law is supported strongly by the National Rifle Association will.

Opponents argue that by allowing a lawful excuse for people to stand and fight when faced with what they perceive to be a grave threat, the law will lead to unnecessary escalations in violence. When this is coupled with ingrained racial stereotyping which perceives certain races to be more threatening than others, the law can justify or even catalyse a deadly chain of events.

Ironically, it is a variant of the stand your ground law – in fact a more extreme form – that the coalition has just written into the statute books.  

In 2012, Justice Secretary Chris Grayling grandly declared: “The public should be in no doubt that in such circumstances that the law really is on their side. We need to get rid of doubts in this area once and for all”. Contrary to Grayling’s version of events, the law prior to his amendment was appropriate to deal with the situation of people threatened in their own homes: a person was allowed to use such force as is reasonable, in the circumstances which he honestly believed to be the case. This rule took into account the possibility for an honest mistake about the level of threat that an intruder poses but crucially, did not act as a carte-blanche for acts of personal revenge or retribution. Sometimes, it is reasonable to not use force at all.

The law did not impose an onerous duty on the initial victims of a crime to carefully consider absurd trade-offs: “Should I hit him with a vase, or use a golf club?” The statute books, judges, and perhaps most crucially, the Crown Prosecution Service did not expect a person to, as one Law Lord put it “weigh to a nicety” the exact measure of a defensive action. Fortunately, this remains unchanged in all situations apart from that of the household.

One recent amendment provides that a possibility that a defendant could have retreated is to be as a factor to be taken into account in deciding whether force was reasonable, rather than as giving rise to a duty to retreat– in other words, this is a statutory endorsement of the stand your ground law. More importantly though, s.43 of the Crime and Courts Act 2013, which came into force this April, provides that in a household case (the definition of which is complex), the degree of force used by a defendant is “not to be regarded as having been reasonable” in the circumstances as the defendant believed them to be “if it was grossly disproportionate in those circumstances”. This ungainly negative formulation will only serve to confuse matters. It appears that some level of disproportionate force will be available to householders, but precisely what degree is entirely unclear. How does one distinguish what is merely disproportionate from grossly disproportionate?

Chris Grayling’s bluster is liable to cause two problems. First, the new law will create more rather than less confusion, second it may even encourage people to think that acts of vigilantism are now ratified. As the Trayvon Martin case has demonstrated, this can go horribly wrong. In their knee-jerk reaction to the cases like that of Tony Martin, the government risks opening the door to the tragedy of his namesake.

 

 

People hold up photographs of Trayvon Martin at a rally in Manhattan. Photograph: Getty Images
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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.