FOR IMMEDIATE NEWS RELEASE (April 20, 2018) – The Committee on Culture and Justice received testimony during a public hearing today on Bill 149-34 (COR) introduced by Senator Joe S. San Agustin and Senator Dennis Rodriguez, Jr. –An Act to amend §§ 7.111, 7.112, and 7.113 of Article 5, Chapter 7 of Title 9 of the Guam Code Annotated, and to amend §§ 7.86(b)(2) and 7.86(c) of Article 4, Chapter 7, of Title 9, Guam Code Annotated, relative to expanding the “Castle Doctrine” by adding the “Stand Your Ground” Justification for Acts of Self Defense and eliminating the requirement of retreating before the use of force in the face of imminent danger. Several supporters and opponents of the bill came to the hearing with a majority testifying in favor of Bill 149-34 (COR).
According to Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, under current law, “You can use self defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work. This bill would expand the zone of protection. A Stand Your Ground law makes everywhere you step your castle.” (Written testimony attached.)
Both Hattori and Deputy Attorney General and Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015. The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:
1. Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.
2. Multiple states have attempted to repeal or amend Stand Your Ground laws.
3. The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.
4. An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.
5. Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.
Furthermore, the Task Force made recommendations for Legislatures that included the following:
1. For states that desire to combat violent crime, it is recommended that legislatures do not enact Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have not decreased theft, burglary, or assault crimes. For states that have already enacted Stand Your Ground laws, it is recommended that they repeal these laws.
2. For states that desire to reduce their overall homicide rates, it is recommended that legislatures repeal Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have increased homicide rates.
3. For states that desire to reduce or eliminate racial disparities in the criminal justice system, it is recommended that legislatures amend or repeal statutory Stand Your Ground laws because implicit racial bias has been identified as a significant factor causing inconsistent outcomes in criminal cases involving Stand Your Ground laws.
The full report may be downloaded at:
https://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf
Chief of Police Joseph Cruz submitted written testimony stating that the Guam Police Department could not support Bill 149-34 (COR) as it would make law enforcement’s duties more difficult. “After a review of similar statues, articles, and relevant data, it appears that “Stand Your Ground Laws” combined with increased access to firearms/”gun-carrying” causes a rise in unnecessary violent confrontations,” Chief Cruz stated. He further stated that Guam’s Castle Doctrine law and self-defense laws “more than allow a law-abiding citizen the legal right to defend themselves and their families against unwarranted/unprovoked violence.”
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For more information, please call the
Office of Vice Speaker Therese M. Terlaje at (671) 472-3586