Missouri’s new self-defense law, the castle doctrine, was supposed to help people protect their homes and loved ones from evil-doers. It wasn’t supposed to become another legal loophole.
In 2007, Missouri passed a castle-doctrine bill, which guarantees Missourians the right to use lethal force in defense of their homes. Missouri law, before the bill’s signing by Gov. Blunt, already allowed for that, however.
The major thing the bill did was remove the “duty of retreat” from law. In other words: A person doesn’t have to attempt escape before responding with lethal force, and simply entering another’s property is grounds for killing in self-defense.
However, that change may have opened up Missouri’s law for abuse.
Adair County Prosecutor Mark Williams is saying the castle doctrine should apply in the case of Jackie Gleason, who fatally shot former boyfriend Rogelio Johnson in May.
Johnson, who was court-ordered to stay away from Gleason, allegedly climbed through a window of her Kirksville home. According to a Missouri State Highway Patrol investigation, Gleason said Johnson’s hands were clasped as if he was in a firing position, but no weapon was ever found.
A coroner’s jury in Adair County ruled that Gleason committed the crime of “death by felony.” Williams has asked the attorney general’s office to determine if charges are warranted.
Missouri’s version of the castle doctrine, which was basically written by the National Rifle Association, was intended for self-defense against burglars and hardened criminals — according to the language used by legislators to justify it.
Now, as it nears its first legal test, it appears it can be twisted to justify other excuses of lethal shooting, or used as a loophole in the law.
When the General Assembly meets in January, a look at the castle doctrine is in order. The law should be used strictly as intended.
Opinion
In Our View: Castle doctrine is no loophole
- Opinion
-
-
Our View: Santorum's Achilles' ear
Rick Santorum knocked everyone for a loop this week, not just with his victory in Missouri but with the landslide size of the thing.
-
Our View: Are school loans next 'debt bomb'?
The late American middle class struggled for decades to keep pace with an American dream slipping from its grasp.
-
Our View: A better way of limit terms
A Missouri House committee on Tuesday endorsed a proposed constitutional amendment that would allow lawmakers to serve 16 years in the state Legislature, either the House or the Senate.
-
Your View: Is it our fault?
When did coveting things and money take over character? What happened?
-
Your View: No way to run a school
All throughout the state of Missouri, you’ll hear much discussion about teacher tenure and the indefinite contracts that go along with that. Most — if not nearly all — jobs in the private and public sectors have no such career protection.
-
Your View: Prime suspects
If it’s too cool in the house, you can turn up the heat if you think you can afford it.
-
Our View: Worldwide concern
There is growing concern worldwide that Israel might launch an attack on Iranian nuclear plants.
-
Other Views: FAA deal up in air five years
The Federal Aviation Administration bill was delayed 23 times, but the agency finally has a law giving it $63 billion and full operating authority for the next four years.
-
Don Ray, columnist: Obama's pipeline excuse an election-year cop-out
On Jan. 18, President Barack Obama announced he was rejecting the Keystone XL pipeline project — a project that had its beginnings some 40 months ago (September 2008).
-
James Whitford, guest columnist: Broken people or broken system?
Are the people broken or is the system broken? If you walk into Watered Gardens, our rescue mission, it may seem the people are broken. But it’s a rescue mission. It just feels that way. And sometimes, it just looks that way.
- More Opinion Headlines
-
Palin Brings Anti-Washington Message to CPAC
Obama Scraps Birth Control Mandate
US Airmen's Killer Sentenced to Life in Germany
Navy Names Ship for Gabrielle Giffords
Raw Video: Deadly Blasts in Syria
Romney Slams President Obama at CPAC
Gingrich: Pres. Obama 'waging War on Religion'
5 Killed in Wrong-way Crash on I-10 in La.
Uzbek Man Pleads Guilty in Plot to Kill Obama
Denver's Largest-Ever Drug Bust Nets Dozens
Marines: No Punishment for Nazi-like Flag
Vets Look to Translate Military Skills Into Jobs
Raw Video: School Bus Burst Into Flames
LA School Reopens Amid Sex Abuse Scandal
$25B Settlement Reached Over Foreclosure Abuses
Pentagon: Allow Women Closer to Front Lines
LA School in Sex Abuse Scandal Reopens
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Air Force Airlines: Leaders Get Polished Service
