Is white and the victim is black, it is found to be justified in 17 of the cases. Black victim, justified in 17 . Lack shooter, black shooter, justified homicide 1. 4 . States,tand your ground it is justified only by nine percent. ,here stand your ground laws 70 justified. Nonstandard ground states, only nine percent. Here is the other statistic that had me very angry. That wasbi data provided by paul henderson. When an older white man kills a it is cheatedman it is deemed to the file 49 . Man killsolder black a younger white man, it is seen justifiable nine percent of the time. It is not black people feeling sensitive and victimized as we often hear in these debates. A victim. El like these statistics are galling and troubling and why probably most of your black friends and people who care about black people were so devastated after the Trayvon Martin situation. Thecally we felt like government verdict gave a license to kill black people. A piece about how i had been with a bunch of my black friends in a Reading Group and we heard the verdict. I was upset that i felt very safe. I came back down to the greater society, looked at a bunch of oaks and said today not feel like they can shoot me and they are going to get away with it . Ani am a young black man or older black man, im going to feel that more poignantly. Hy is this happened . Two scholars i referenced a lot of this has to do with how black people are perceived. There are signs that is out there that says if you look at my face the association you have is with criminality or aggression. Apparently if you are walking down the street as a black person, people who look up to will associate you with that of an ape. This is verifiable. The part of your brain, im going to go a little bit over, the part of your brain that lights up when you see a snake the same part of your brain of lights up when you see a black person. When someone hears footsteps behind him and there are black kids, he is the he is nervous. This is about the white devils. This has the association we have enough brains with black faces, black men, and the like. It is research that shows that not just it doesnt just happen with that black people. For on a cut and i were in a conference in chicago in april. Our friend showed very where pleasedeo are looking at a simulation of a person who is threatened. The person has a stick and the Police Officers tell the person to stop. When the person is white Police Officers is talk talk talk. And the person is black, the Police Officers unload their the person. This is like standard ground laws. If you are allowed to use deadly force when you feel threatened, and when most feel that when most people feel threatened by a black person showing up, then stand your ground laws are going to result in the loss of black life. Many people in this room feel like they have been stopped for no good reason by police or other people or profiled in stores . Is there any black man who does not feel that has happened to them . These are some of the most distinguished black people youre going to find. Imagine how young boy in a hoodie is going to be treated. Information is what has me pounding my hand in anger on the table. In florida less than 30 of the of justified homicide were armed. Less than 26 of the victims were committing a crime that led to the confrontation. In more than 63 of these cases it was deemed an indisputable opportunity for the attacker to retreat. Facts the homicide was still justified according to the law. Those statistics were born out of a horrible reality with the murder of Trayvon Martin in the standard ground laws have that effect. Once again, on msnbc and other incident happened in florida. Many of us felt that this legalizes a form of lynching against black people. I want to return where i started. It is so important and we are grateful that the aba is taking this on. I feel like we are not out here by ourselves as black folks. There is a larger issue. And that is the judicial system and legal system that black people mainly dont have to. Which i am sure you have heard, says that only 30 of white people were dissatisfied with the zimmerman verdict. 86 of black people were dissatisfied. In twooften told we live different americas and that statistics, though statistics bear that out. Level ofo to another this affiliation and bad feelings black people have of two dayssystem after the state came down texas rushed to pass more restrictive rights laws. We know the Supreme Court basically sanctioned moves that will keep us from voting. The aba, in part, is to give people confidence in the legal system. We dont have confidence in the legal system. We feel that stand your ground laws were used against us, butge zimmerman is free, alexander, who fired a gun in the air because she was being beaten. They were also prosecuted by the same person. As we move forward and out talking to the civil rights commission, you need to be very strategic about what states you go after. It is clear after the Trayvon Martin case peoples continents have been changed peoples consciences have been changed. We have a formidable enemy on this ground on the National Rifle association. We saw very little happened after the sandy hook because the nra is relentless. We hope the aba is as well. One bright light is the fact are using itists to perform in florida are florida to perform in until the standard ground laws are revised. Startedople actually the whole height and consciences of Trayvon Martin. Somebody sent via an email about it and i thought, ok, i know a lot of this goes on. Young people understood this was a problem and they mobilized and got people going. Thank you for having me here. I didnt curse or cry like i thought i might when i was repairing. Preparing i am not an expert in this but i am an expert in being black. Thank you very much. [applause] thank you kindly for your presentation. We appreciate you highlighting the important consideration that the task force has taken to when looking at the standard ground laws. As you mentioned, i am remiss president ntioning the. I would like to acknowledge and thank him for being here. The commissioner is leading the u. S. Commission on civil rights efforts to investigating the potential impact of stand your ground laws on racial and ethnic minorities. Our next speaker is the president of the National Bar Association, which is the Largest Organization of African American attorneys. Patricia is a former staff attorney for the u. S. Security Exchange Commission and also the current general counsel for rican general is 30 American General authority. I am really looking to oversee debt to hearing from her now. I am really looking to hearing from her now. [applause] good morning. Thank you. Patterson, she described and told a lot about the facts that i was going to testify on the and now i am going to offer my testimony to really let you know how the national bar feels about the standard ground laws. Know, theu dont national bar celebrated its 88th anniversary. Many of our missions, we primarily have an administration ofjustice as a protection civil rights of all citizens. We are very very disturbed by the standard ground laws. As you know there have been many andle who have been killed the killers used the free standard ground defense. It wasnt until the Trayvon Martin case that your loss came to national attention. Thats these laws came to national attention. Trayvon martin case that these laws came to national attention. Laws as a license to kill. Mainly because the reason to establish the law is totally subjective. Meaning if a person feels threatened how do you quantified that . Threatened you can just kill someone and say you feel threatened . Caseg the Trayvon Martin there wasnt a stand your ground but instructions were given and the tree testified and the jury testified and made statements afterwards paid afterwards. Interesting no one talked about Trayvon Martins right to stand his ground. George zimmerman followed him and did all these things and then he was attacked or somebody got into an altercation. If you were Walking Around and someone was following you and then approached you, maybe you may want to defend yourself. It never has been considered that Trayvon Martin has had a right to stand his ground. Kindws legally allow of like a bully law. You are going to hurt me so i am going to kill you. So that is totally wrong. Kill you. Going to kill you. So that is totally wrong. We believe the standard ground laws have to be repealed and amended if they are allowed to stand. There are no problems with the selfdefense laws every jurisdiction has. The obligation to retreat is now what is the problem. You dont have an obligation to retreat. You can be like the superhero provoke someone, get them to engage, and say you are afraid for your life so you will shoot them. It is much worse than the lynching that happened earlier in our history. And, more be done than likely, when it is racially between victim and aggressor, if the aggressor is ,hite and the victim is black they are more than likely going to have a justified killing. We believe the civil rights of all people are adversely affected ids standard ground laws. We will do everything that we command,ve to help, or retell these laws and have equal justice. This is a very fortunate thing for all of us. Thats very important thing for all of us. This is very important for all of us. As blackngled out people. Once we are allowed this type of racial profiling and discrimination to occur against black people, it is just a matter of time that it is going to start affecting other people. We have to protect all people. The exact are opposite of getting an allowance to civil liberties. The National Bar Association stands with you. Efforts inyour having these hearings and addressing what policies may come out of the hearings. Thank you very much. [applause] thank you. The next speaker is yolanda whoen yolanda jackson, is the adversity director of the Bar Association of San Francisco. Ms. Jackson is a seasoned litigator, mediator, arbitrator, trainer, and facilitator. She has also served on the board in various legal and professional organizations throughout the court tree throughout the country. Thank you have thank you for coming out so early for dealing with such a confiscated an important topic. I am proud to be here on behalf of the Bar Association of separate cisco, which is 141 years old of San Francisco, which is 141 years old. We have always been involved in controversial issues that are important to preserve equal justice, equality, and adversity, not only in the Legal Profession but in society more broadly. That is why we are here today, to be a part of this hearing. Like to think the aba coalition on racial and ethnic justice. Just by the nature of its name, they are a group that focuses on race and ethnic justice. Thank you for being brave enough to have this conversation on a National Level in front of a mixed crowd and a lot of thought leaders. We will focus on four things. The first being race. We must recognize that is a huge factor in these discussions that we are having. Thesecond will be on unequal application of the laws that exist throughout the country. To make a verybe strong statement that we need to study this problem and not shy away from it. And the fourth is that we need to solve the problem. Those will be the framework that will be the framework for my comments. As you have heard a little bit states hasunited historically had a duty to retreat. That includes a person facing an immediate ainge are immediate danger. What stand your ground laws did was revoked that rudy to retreat that rudy to retreat and replay that duty to retreat. In many states standard ground laws offer immunity from prosecution and in fact a person can avoid trial altogether understand your ground laws. Under stand your ground laws. Arrests can beno thatunless it is proven force was unnecessary. Talk about having to prove a negative. There are 26 days that have either standard ground laws or doctrines. ,ince the Trayvon Martin case as the one that sparked this discussion and the need for this discussion, i think it is important to note that they were the first state to have standard ground laws back in 2005. The impact of these laws has been to send a message to our society that in our communities someone who is armed potentially has the right to use firearms even if there is a way to exit from the situation. Setting a more relaxed standard selfdefense encourages or judgment and even vigilantes him. Eism. En vigilant as eva mentioned, it is important to look at the notion of what is needed to feel threatened when you are analyzing these laws. I think it is also equally important to look at where these standard ground laws apply. It used to be ok that if you protected yourself with force, if you were in your home or in your car in your space. Have alloweds people to respond in deadly force and reaction by taking it to the street. That is where we are seeing a lot of our problems. In 2010, 5 years after the first stand your ground laws were enacted in florida, is to file both homicide i civilians using firearms doubled in states that have standard ground laws. Whereas justifiable homicides remained the same in states without these laws. The top Law Enforcement officers of this country, attorney jerry attorney general eric holder by allowing and encouraging violent situations to escalate in public. Such laws undermine Public Safety. President oh president barack obama said it best. Time to see and encourage the types of altercations and and discursive types of altercations and tragedies we saw in the Trayvon Martin case. The type ofe altercations and tragedies we saw on the Trayvon Martin case. We recognize that many of the problems with standard ground laws stand your ground laws are in how they apply. What actions can we take . Although this is not a practical problem, our recommendations are very practical. First we need to study the problem. Statebystate we need to consider whether certain laws need to be repealed or modified and amended. Review the impact along racial lines, study the problem. Look at various levels where the equallyion has applied or whetheral lines they have a desperate impact on africanamericans or other racial minority groups. This includes reviewing anecdotal outcomes such as the case that eva referenced. Reviewing the impact of these laws on whether or not they increase homicide, and you can call them justifiable homicides if you like. You get the impact they have had on killing. Mandate the gathering of data in order to assess whether these laws have had an increase on justifiable homicide. Conduct a national investigation, have the department of justice or other appropriate u. S. Conventions, such as the commission on civil rights. Thank you for taking a leadership role on that. Rentedry happy that mike out to me before we started our panel this morning that they believe they will be effective because they have subpoena power and they can get the information that they need in order to make the right decisions. We are appropriately modifying stand your ground laws restrict or pretend it or prohibit copyright in South Carolina prohibit extendonsin, it does not to public spaces. Possible modifications would restrict or prohibit where individuals have the right to defend themselves. Finally, where appropriate, repeal standard ground laws in those states where it is found that stand your ground laws led to an increase in homicide or where the application of the laws across racial lines exists. Think you very much for inviting us to speak this morning thank you very much for inviting us to speak this morning. I hope we can get to the core of where the issues are and start to solve the problem. Thank you very much. [applause] thank you for highlighting this very comprehensive plan of action. We will take your comments and suggestions into consideration. Is judge arthur burnett. He is the National Executive director of the national africanamerican drug policy coalition. Judge of themer district of columbias superior court and also a former adjunct professor of law at Catholic University and howard university. Good morning. Morningefore you this after 55 years as a lawyer at the bench 55 years as a lawyer, four of them at the bench. 40 of them at the bench. At Howard Johnsons restaurant, i was suspected of being a ruler, a kenyan at 11 00 at night when i was a bus boy breaking in at 11 00 at night when i was a bus boy. Me to the homeok of the owner first. He said i was the best employee he had. If i had been belligerent or reacted in an oppositional i may not be here today talking to you. I was compliant and i lived to see in other day. See another day. A to ato fraternity at howard university. I was on a Scavenger Hunt at 1 00 in the morning. A friend borrowed a car from his fathers garage. Not take black boys words, even college students, that we were pledge ease were pledgees. Were released into Police Custody until 4 00 in the morning. I tell that story when i talk across the country. Two youngsters not being oppositional or defiant and belligerent. We collaborated with Police Authority. I was in the first general counsel to put a lid back on washington following the assassination of Martin Luther king. Hope i am not biased because of my own practical experiences, but i tell you that i ended up in the Justice Department on the honors program. I ended up being