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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Justin Trudeau points the way forward for European politics

Is the charismatic Canadian Prime Minister modelling the party of the future?

Six months after Canadian election day, Justin Trudeau’s Liberal party continues to bask in the glow of victory. With 44 per cent of support in the polls, the Liberals are the most popular party amongst every single demographic – men and women, young and old, and people of all educational backgrounds. 

While most European mainstream parties only dream of such approval, this is actually a small dip for the Liberals. They were enjoying almost 50 per cent support in the polls up until budget day on 21 March. Even after announcing $29.4 billion in deficit spending, Canadians overall viewed the budget favourably – only 34 per cent said they would vote to defeat it.

Progressives around the world are suddenly intrigued by Canadian politics. Why is Justin Trudeau so successful?

Of course it helps that the new Prime Minister is young, handsome and loves pandas (who doesn’t?) But it’s also true that he was leader of the Liberals for a year and half before the election. He brought with him an initial surge in support for the party. But he also oversaw its steady decline in the lead up to last year’s election – leadership is important, but clearly it isn’t the only factor behind the Liberals’ success today.

Context matters

As disappointing as it is for Europeans seeking to unpack Canadian secrets, the truth is that a large part of the Liberals’ success was also down to the former Prime Minister Stephen Harper’s extreme unpopularity by election time.

Throughout almost ten years in power, Harper shifted Canada markedly to the right. His Conservative government did not just alter policies; it started changing the rules of the democratic game. While centre-right governments in Europe may be implementing policies that progressives dislike, they are nonetheless operating within the constraints of democratic systems (for the most part; Hungary and Poland are exceptions).

Which is why the first weeks of the election campaign were dominated by an ‘Anybody But Harper’ sentiment, benefitting both the Liberals and the left-wing New Democratic Party (NDP). The NDP was even leading the polls for a while, inviting pundits to consider the possibility of a hung parliament.

But eight days before election day, the Liberals began to pull ahead.

The most important reason – and why they continue to be so popular today – is that they were able to own the mantle of ‘change’. They were the only party to promise running a (small) deficit and invest heavily in infrastructure. Notably absent was abstract discourse about tackling inequality. Trudeau’s plan was about fairness for the middle class, promoting social justice and economic growth.

Democratic reform was also a core feature of the Liberal campaign, which the party has maintained in government – Trudeau appointed a new Minister of Democratic Institutions and promised a change in the voting system before the next election.

The change has also been in style, however. Justin Trudeau is rebranding Canada as an open, progressive, plural society. Even though this was Canada’s reputation pre-Harper, it is not as simple as turning back the clock.

In a world increasingly taken by populist rhetoric on immigration – not just by politicians like Donald Trump, Nigel Farage, Marine Le Pen and other right-wingers, but also increasingly by mainstream politicians of right and left – Justin Trudeau has been unashamedly proclaiming the benefits of living in a diverse, plural society. He repeatedly calls himself a feminist, in the hope that one day “it is met with a shrug” rather than a social media explosion. Live-streamed Global Town Halls are one part of a renewed openness with the media. Progressive politicians in Europe would do well to take note.

Questioning the role of political parties today

Another interesting development is that the Liberal party is implicitly questioning the point of parties today. It recently abolished fee-paying, card-carrying party members. While this has been met with some criticism regarding the party’s structure and integrity, with commentators worried that “it’s the equivalent of turning your party into one giant Facebook page: Click ‘Like’ and you’re in the club,” it seems this is the point.

Colin Horgan, one of Trudeau’s former speechwriters, explains that Facebook is “literally a treasure trove for political parties”. All kinds of information becomes available – for free; supporters become easier to contact.

It was something the Liberals were already hinting at two years ago when they introduced a ‘supporters’ category to make the party appear more open. Liberal president Anna Gainey also used the word “movement” to describe what the Liberals hope to be.

And yes, they are trying to win over millennials. Which proved to be a good strategy, as a new study shows that Canadians aged 18-25 were a key reason why the Liberals won a majority. Young voter turnout was up by 12 per cent from the last election in 2011; among this age group, 45 per cent voted for the Liberals.

Some interesting questions for European progressives to consider. Of course, some of the newer political parties in Europe have already been experimenting with looser membership structures and less hierarchical ways of engaging, like Podemos’ ‘circles’ in Spain and the Five Star Movement’s ‘liquid democracy’ in Italy.

The British centre-left may be hesitant after its recent fiasco. Labour opened up its leadership primary to ‘supporters’ and ended up with a polarising leader who is extremely popular amongst members, but unpopular amongst the British public. But it would be wrong to assume that the process was to blame.

The better comparison is perhaps to Emmanuel Macron, France’s young economy minister who recently launched his own movement ‘En Marche !’ Moving beyond the traditional party structure, he is attempting to unite ‘right’ and ‘left’ by inspiring French people with an optimistic vision of the future. Time will tell whether this works to engage people in the longer term, or at least until next year’s presidential election.

In any case, European parties could start by asking themselves: What kind of political parties are they? What is the point of them?

Most importantly: What do they want people to think is the point of them?

Ultimately, the Canadian Liberals’ model of success rests on three main pillars:

  1. They unambiguously promote and defend a progressive, open, plural vision of society.
  2. They have a coherent economic plan focused on social justice and economic growth which, most importantly, they are trusted to deliver.
  3. They understand that society has changed – people are more interconnected than ever, relationships are less hierarchical and networks exist online – and they are adapting a once rigid party structure into a looser, open movement to reflect that.

*And as a bonus, a young, charismatic leader doesn’t hurt either.

Claudia Chwalisz is a Senior Policy Researcher at Policy Network, a Crook Public Service Fellow at the University of Sheffield and author of The Populist Signal: Why Politics and Democracy Need to Change