NICHOLAS: LAW MUST BE MEASURED

CCNTV6

Former Attorney General Gavin Nicholas weighs in on the government's proposed Stand Your Ground legislation, stressing that it must uphold the principle of proportionality.  Speaking on the Morning Edition on Wednesday, Nicholas said that while citizens have a right to defend themselves, the legislation must not encourage excessive or unjustified use of force.  Tv6's Nicole M Romany reports.

Transcript

00:00The former Attorney General says the government is within its right to pursue stand-your-ground legislation,

00:07noting that it was a promise outlined in its election manifesto.

00:12He tells us, by securing the support of the electorate,

00:16the government has effectively received a mandate from the population to act on such commitments.

00:22However, Nicholas warns, this mandate does not give license to act recklessly.

00:27He stresses that any such legislation must be carefully and responsibly crafted

00:34to avoid unjustified or overly aggressive actions.

00:39The law should, even in the stand-your-ground situation in public spaces,

00:45should still have that level of proportionality, and it should be clear that the person was in danger.

00:52Nicholas also pointed out that the government appears to be modelling its proposed legislation

00:58after the Florida stand-your-ground law, a framework that has been the subject of intense debate in the United States.

01:05He is urging policymakers to take note of the unintended consequences associated with that model,

01:12including concerns over increased violence and unequal application of the law.

01:17So that the prime minister and the government, they are in a position where they can have it narrowly defined or broadly defined.

01:26And I think once you take into consideration all of the things that we discussed this morning,

01:31we can have a narrowing of the definition and greater certainty.

01:36Because again, what you want is certainty.

01:38So you want to ensure that people don't feel emboldened to just do whatever they feel like.

01:44And I suppose, and that is the problem with the Florida law.

01:48People feel emboldened to do whatever they like.

01:51According to Nicholas, while he has no inherent objection to the legislation,

01:55reiterating that it was, after all, a manifesto promise,

01:58he stresses the importance of taking a broader view.

02:02The former attorney general is suggesting that in addition to legal reforms,

02:07government must also focus on preventative remedies aimed at addressing the root causes of crime.

02:13What I would also like to see done do is that we move away from just the idea of having to protect ourselves.

02:23And even with the issue of hanging, which is the last step in the prosecution,

02:29we look more towards prevention.

02:32We need to actually create a society where people feel safe

02:37and people also feel that they don't need to get involved in criminal activity.

02:42Nicholas believes the Stand Your Ground legislation must be thoughtfully done

02:47with the assistance of the DPP, the Criminal Bar and the Law Association.

02:53Nicole M. Romany, TV6 News.

Category

Transcript

Be the first to comment

Recommended