CIVIL SUITS FOLLOWING CRIMINAL ONES
Not Right Especially in Self Defense Cases
News to Some
In my recent CCW class, I learned that especially in Blue states (how did they get to pick their color?), even if you use a gun in self-defense, you will have to admit you killed your attacker. Thus, you WILL lose a civil case brought by surviving family and find yourself in serious financial jeopardy. The family doesn’t have to prove the “act.” Your admission is all the proof that is needed for a majority of a jury to find you guilty of a civil defense. Let’s face it—no one goes to a civil court without huge, lottery-dwarfing dollar signs in their eyes.
The perfect example is Daniel Perry, whose brave actions saved subway riders’ lives (including many minority riders), but who now faces a serious civil trial brought by “family.” I put family in quotes, as this family had no real relationship with the homeless perp, nor did they help him with his serious mental issues. Were they there for his 42+ arrests and convictions? I doubt it. But suddenly, they’re family, and deserving of compensation for his ”untimely” death. But why? And how much value does the life of Jordan Neely have? Certainly, he hasn’t created any value or improved the lives of others, let alone his own. He’s harmed many people, and even if you allow him the excuse of being crazy, the rest of his life would have had no value either. But poor Perry will be assessed some ludicrous sum for Neely’s life. He admitted killing Neely, even if his act of trying to restrain this violent creep wasn’t intended to kill him. So, in the eyes of the court, he’s admitted guilt and will likely lose the civil case.
Good Samaritans
We tend to think someone will rescue us if we’re threatened. Yet, in many situations, (remember New York), women have been raped, beaten and left for dead and the neighbors in their safe, high-rise apartments don’t even call the police. The reality in Blue states is that your armed citizen is going to run away or hide if there is a threat. He/she can’t afford the cost of civil court unless the threat is directly to him or to his loved ones. You, a stranger, don’t warrant the risk to his future.
As cities get more dangerous, it’s critical to keep in mind how this arose. At one time, criminal cases were almost never followed by a civil suit. It mostly happens when someone feels that the convicted individual didn’t get punished enough, (think OJ), or because they see an opportunity to make a “killing,” financially. Sometimes, people even strike out for a civil suit rather than pursuing a criminal charge, so anxious are they to collect their money, (think Michael Jackson).
Good Guys with Guns
Although scared Dems might hope this isn’t true, there are a lot of people carrying weapons, most of whom haven’t managed to get past the bureaucracy to carry legally. They do so because they value their lives and know how dangerous cities and transit have become. You can’t even go into a CVS drugstore now without worrying that someone will hurt you if you happened to get in their way as they rob the place. All of us pay higher prices to offset these huge losses. The Left doesn’t care. As long as they protect crooks, they have an endless supply of candidates for office, (or at least compliant voters).
Good guys with guns will only really be found in states where they are protected, (aka Red states, which should really be called Blue. After all, isn’t socialism and communism Red?) In California, you’re only reasonably safe if you are in your home, (your Castle), and someone breaks in or forces you to admit them. Interestingly, your “castle” is where you lay your head, be it a house, a hotel room or a tent. But that situation is often more remote than being faced with injury or death outside your home.
What Must Change
To protect the innocent, we need to change the rules of the game to favor our heroes. First, if convicted of self-defense or unintended death of another, there should be NO option for a civil trial. That trial needs to be the end. (In fact, in most of these cases, there should be NO criminal trial). Get rid of the Soros-funded DAs. The defendant should also be able to opt for a trial by judge, not a jury, if so desired. All states should standardize on the laws of Red states where good faith efforts to protect people should be rewarded, not judged. This should also extend to cops. Not the George Floyd situation; that was truly unjustifiable. But police are subject to assault, injury and death nearly every day. They should have the right to stand their ground and protect themselves and others. Aren’t most police departments advertising “Protect and Serve” as a motto? That should apply to them as well.
Second, if you try to go after someone civilly, we need to change the rules of the game. You lose, you pay. That’s how it works in the UK where we got a lot of our laws. In England, there are a lot fewer “nasty suers,” which is a good thing. There should also be award limits. Not every life is equally valuable. Letting juries decide how to spend someone else’s money is wrong on the face of it: It’s too much fun being generous.
For us to be truly safe and able to be there for each other, the laws need to favor Good Samaritans. Let’s begin by making it easier and cheaper to get at least a five-year term with your CCW. In some states, after your training and first pass, you only have to pay a renewal fee. Many others have opted for Constitutional Carry; no test required. National Reciprocity should apply so wherever you hold a permit, you can shoot in any other state. That would wipe out the egregiously costly and difficult standards in some states. As it is, in too many places, there is almost no one able to carry a gun.
We can do this. In states where a larger number carry, criminals are afraid of everyone, unless their target is foreign, (can’t carry internationally), or another crook. What would it be like to stop fearing being on public transit or enjoying evening activities? That’s part of our right as Americans. We can have it—it just takes the political will to act.
