Make my day

0 Comments | Gazette, The (Colorado Springs), Jun 13, 2005

It's often said that a man's home is his castle. People use the phrase to justify nearly anything one does in or with one's abode. In quasi-legal terms, it's a generalization of the words of 18th- century British statesman William Pitt: "The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the king of England cannot enter! All his forces dare not cross the threshold of the ruined tenement." That sentiment is reflected in the U.S. Constitution's Fourth Amendment, which protects us from unwarranted searches by government agents. But more than protection from the government, the idea is that within the walls of our own homes, we make the rules and visitors break them at their peril.

That explains our support for Colorado's Make My Day law that protects folks from prosecution should they be forced to kill someone threatening them in their homes. The 20th anniversary of the law last week prompted some critics to question whether the law has been used properly or if, perhaps, it has allowed some people to get away with murder.

Jean Zamarripa is the poster child for the law's supporters. On the night of Nov. 18, 2000, the then-72-year-old woman was alone when she heard someone breaking into her home. She armed herself and when Anthony Peralez forced his way through the back door, Zamarripa shot him. He was arrested later that night and subsequently convicted of being the serial rapist who had been terrorizing elderly women in the area. Other cases aren't so clear-cut, critics say.

They point to other cases in which the killers were involved in neighbor disputes or were part of a love triangle, and at least one that involved the sale of illegal drugs. Gina Cushon was charged with second-degree murder for the 1994 shooting death of Elvin Landrum. Cushon shot Landrum as he was shouting obscenities and kicking in her door. The two had a history of feuding. She was aquitted.

In June 1986, Keith Alexander, armed with a knife, came into the home of a woman he had dated when she was estranged from her husband, Lloyd Carmon. The two men fought and Alexander died of multiple stab wounds.

Stephen Malley was shot and wounded by Lance Larson when he attacked Larson's wife in an attempt to collect on a drug debt.

Although Make My Day critics point to these cases as possibly improper use of deadly force, because the victims and assailants knew each other, we'd point out that the key factor in each case was the belief that the intruders intended harm. It doesn't matter if the combatants know each other; if we believe we're in danger, we have the right to defend ourselves. Self-defense is one of the most basic of all natural rights.

With that in mind, we'd like to see Colorado extend the right of self-defense to the public sphere, much as Florida has done. The Sunshine State passed a law that protects residents should they have to respond to force with force, even on the street or in a park.

Few people want to kill another person, and it is cruel to force a victim to choose, in a fraction of a second, between losing his own life or taking another, then prosecuting him for his choice. Laws are to protect our rights from those who would abridge them; let's not pervert that in some misguided attempt to stop violence by requiring people to submit to robbery, battery and worse.

Power of perseverance

Do not underestimate Dakota Brown, even though he's only 12 years old. Because of Dakota's tinkering with a school calculator, Texas Instruments has been forced to recall 160,000 calculators in Virginia. As reported by the Associated Press, two years ago the state of Virginia asked the company to disable a calculator function that converts decimals to fractions. With the function, one could hit the conversion key, and .5 would be converted to 1/2. The state asked that the keys be disabled because students are allowed to use the calculators during testing but are required to do the decimal conversions with paper and pencil.

The calculators had been disabled, but young Dakota figured out that by pressing two other keys, he could change decimals to fractions anyway.

A math specialist in Dakota's school district theorizes that the boy put a standard calculator next to the school version, and fiddled around until he found a work-around for the task.

Texas Instruments probably regards Dakota as a monumental aggravation, but he's typical of today's computer-savvy generation. The company might want to consider putting him on the payroll someday. Our economy needs workers with that kind of ingenuity and perseverance.

Blinded by their own science

We have to admit we were a bit surprised to read in Thursday's Gazette that some scientists admit that not all of their work is on the up-and-up. Not surprised that it happens, but that they would admit it. On a confidential questionnaire, more than 5 percent of those responding owned up to omitting data that contradicted their previous research and more than 15 percent admitted tailoring the research to satisfy a study's sponsor.