Surviving the Game: Burdens of Proof in Civil and Criminal Cases

Abstract:     
The law that allowed Terri Schiavo to be legally killed by a judge upon her adulterous husband’s request was heinous and shocking (Hentoff, 2005). This man got the law to do what he could not murdered his wife by euthanasia so he could benefit from the insurance money and marry his mistress with his two kids upon her death. This takes the word "until death do us part" to the next level in socialization. Trayvon Martin case is the result of another heinous state created danger, “standing your ground.” Like Terri Schiavo, Trayvon Martin wasn’t in the commission of a crime nor was he the aggressor, but because of his ethnicity he was in the wrong community standing his ground unarmed. On the other hand George Zimmerman was supposedly doing the same, but as the armed aggressor (Johnson, 2012; Cadet, 2012). Without investigating these killings, this makes the law arbitrary; because it allows actors of the state whether employees or empowered members in the community to murder under the color of law (AZ, 2011; Online Sunshine, 2011).

This paper will explore the recent rulings on qualified immunity for street justice laws that have been extended not just to cover law enforcement, but those private citizens acting under the authority of the state, called “state actors” (Justia, 2012). This could create bullies and without refinement this law takes bullying to the next level. However, true self-defense is a must when encountering danger and there is no way to escape. This paper explores the burden of proof in street justice.

Number of Pages in PDF File: 18

Keywords: state created danger, stand your ground laws, castle doctrine, no retreat doctrine, murder, homicide, anger management, state created dangers, coverup, violence

JEL Classification: B3, D78, D71,D8, I1, I28, J7, K1, K10, K14, K19, K4, K42

working papers series