Subjective standards and a Wild West mentality

When Jacksonville jurors convicted Michael Dunn of attempted second-degree murder Saturday, they were exercising common sense. We wish Florida's gun culture had that same clarity.

Our state of 19 million people has a lot of firearms, a lot of concealed-weapon carriers, and a lot of confusion over its self-defense laws, under which law-abiding people have no duty to retreat if they reasonably perceive a threat of serious physical harm. But perceptions are subjective, leaving guilt or innocence hinging on emotion rather than solid evidence.

Dunn, a middle-aged white man, shot up a carload of black teenagers in November 2012, killing Jordan Davis. The other three youths were not injured. In his trial this month, Dunn said that the teens' stereo was too loud and an argument ensued, in which he felt threatened. He said he saw a rifle barrel and thought he was going to be shot, though no evidence was found to substantiate this assertion. He grabbed his holstered semiautomatic pistol from the glove compartment and fired 10 rounds at the vehicle.

Charges against Dunn included first-degree murder -- a count which, unlike second-degree cases, implies that a defendant meant to kill someone. The jury couldn't reach a unanimous first-degree murder verdict, so Dunn will be retried later on that charge, according to the state attorney.

http://www.heraldtribune.com/article/20140219/opinion/302199999?p=1&tc=pg