Dear Editor,

There are many things right with Jamaica, but there are still a few things that need fixing.

Some of our laws seem to give more rights to criminals than law-abiding citizens. The most glaring of these is the continued belief by our police and judicial system that a victim of an attack has a first duty to retreat (except in their own home or place of business) before they can legally respond with deadly force. How crazy is that?!

The law-abiding citizen who is a victim should first try to run away, rather than stand and fight and protect their loved ones against a criminal attack?

Many years ago there was a story of a young woman who had been raped. The rapist threatened to kill the victim, but she bravely managed to hit him on the head with a rock and escape. When she went to the police to report the assault she had suffered, they went to investigate. They found the rapist dead. The police turned around and charged her with murder. Later, as she was explaining what happened to the court, the judge asked her why she didn’t just try to run away. Is that twisted or what?

The Jamaican legal system enforces a duty to retreat if you feel threatened with grievous bodily harm or death. Of course, if your attempt to retreat fails, then you are permitted to respond with proportional force, up to deadly force, if necessary, to repel the attack. Our legal system does acknowledge there is no such duty to retreat in your own home or place of business. This is commonly referred to as the Castle Doctrine.

The legislatures in over 23 states in the US have seen the wisdom to extend the principle of the Castle Doctrine to “anywhere a citizen has a legal right to be”. That is, you can legally ‘stand your ground’ and defend yourself or loved ones in the supermarket parking lot, in your car, at the beach, etc. You do not have a first duty to retreat. These legislatures have now recognised that it is the right of the law-abiding citizens that should be protected.

Of course, there are protective mechanisms to ensure the law is not abused. A trespasser cannot claim protection under ‘stand your ground’ principles. Nor can you instigate an attack or pursue an attacker and still claim protection.

We are in the vast majority. We are the ones working to build this country and pay taxes. We are the ones educating our children with strong family values. We are the returning residents bringing our wealth back to our homeland. We are the citizens of Jamaica that should be recognized for the work we do. Not the criminals!

It is time that our security forces and legal system acknowledge the rights of the law-abiding citizens of Jamaica. Criminals laugh and carry out their deadly deeds with impunity, knowing that we must retreat and cower. They must know we have the legal right to fight back.

Sheldon Neil

sneil@lindofcb.com