Ferguson's Other Race Problem: Riots Damaged Asian-Owned Stores

[gwb-trading]

Ferguson's Other Race Problem: Riots Damaged Asian-Owned Stores
http://www.thedailybeast.com/articl...problem-riots-damaged-asian-owned-stores.html

Asian-American-owned businesses in the St. Louis suburb are a mess after days of looting in the wake of Michael Brown’s killing. And one lawyer says the authorities let it happen.

It happened during the L.A. riots, when anger over the police beating of Rodney King spilled into Koreatown. It happened fictionally in Spike Lee’s Do the Right Thing, when an Asian-American business owner was forced to defend his store from rioters.

And it’s happening again in Ferguson: Looted Asian-American businesses have become collateral damage.

Asian-Americans own a number of the stores lining West Florissant Avenue, where more than 20 businesses have suffered damage in the wake of Michael Brown’s killing. At least five of these stores are Asian-American-owned, according to local sources and business records. Just 0.5 percent of Ferguson is of Asian descent, according to 2010 U.S. Census data.

The Ferguson Market, where the teenage Brown allegedly grabbed a handful of cigars before his deadly encounter with police, is owned by the Patels, an Asian-American family. Looters have targeted the store twice. On the same block, Northland Chop Suey, a Chinese restaurant, has been looted at least two times. A second market, a beauty shop, and a cellphone store within walking distance also have been damaged; all are owned by Asian-Americans.

(more at above url)

 

[Max E.]

Ive got something ive been wondering about since these riots began, anyone who knows the answer please tell me.

Is it legal to shoot a person if they are breaking into your business? Like does the government give the same kind of consideration to a business as it would if you shot someone breaking into your home?

Ive been trying to figure out why these guys arent just opening fire on the looters, or even firing warning shots at them. Is it legal to shoot someone who is robbing your store?

 

[jem]

I can't speak specifically to the law there but I can say at common law...(which is the foundation for most jurisdictions) you are not allowed to use deadly force in defense of property.

Deadly force as a defense to homicide is usually only available to you when you reasonably fear great bodily injury or death. However, some jurisdictions allow you to use it in defense of a dwelling.

I found this... which does a pretty good job addressing the common law.


http://nationalparalegal.edu/public...criminalLaw/defenses/ProtectionofProperty.asp

so... to answer your next question...
if you are in your store and you can establish you felt your life was threatened.... you could establish the right to use deadly force.

 

[fhl]

Joe The Plumber: Hold A Job Fair In Ferguson, Protestors Will ‘Scatter Like Cockroaches’

 

[Lucrum]

Disparity of force is also a consideration in some states/cases. All else equal it would generally be easier to justify the use of deadly force if there's 10 of them and 1 of you.

 

[Max E.]

What about the castle doctrine? I always thought it was legal to shoot someone if they entered your home in the states......

I can't speak specifically to the law there but I can say at common law...(which is the foundation for most jurisdictions) you are not allowed to use deadly force in defense of property.

Deadly force as a defense to homicide is usually only available to you when you reasonably fear great bodily injury or death. However, some jurisdictions allow you to use it in defense of a dwelling.

I found this... which does a pretty good job addressing the common law.


http://nationalparalegal.edu/public...criminalLaw/defenses/ProtectionofProperty.asp

so... to answer your next question...
if you are in your store and you can establish you felt your life was threatened.... you could establish the right to use deadly force.

Disparity of force is also a consideration in some states/cases. All else equal it would generally be easier to justify the use of deadly force if there's 10 of them and 1 of you.

 

[gwb-trading]

In other news, no work boots or books were taken in the looting.

 

[Lucrum]

What about the castle doctrine? I always thought it was legal to shoot someone if they entered your home in the states......

It varies from state to state.

And it gets worse, it enforced and prosecuted differently from jurisdiction to jurisdiction.
And of course if a black youth is involved you can toss the law out all together. Then it's pure politics.

 

[Tsing Tao]

An blacks wonder why there are only check cashing outlets, liquor stores and pawn shops that will tolerate the hood.

 

[Scataphagos]

Ive got something ive been wondering about since these riots began, anyone who knows the answer please tell me.

Is it legal to shoot a person if they are breaking into your business? Like does the government give the same kind of consideration to a business as it would if you shot someone breaking into your home?

Ive been trying to figure out why these guys arent just opening fire on the looters, or even firing warning shots at them. Is it legal to shoot someone who is robbing your store?

From Wiki...

"Typical conditions that apply to some castle doctrine laws include:[citation needed]

• An intruder must be making an attempt (or have made) an attempt to unlawfully or forcibly enter an occupied residence, business, or vehicle.
• The intruder must be acting unlawfully (the castle doctrine does not allow a right to use force against officers of the law, acting in the course of their legal duties).
• The occupant(s) of the home must reasonably believe the intruder intends to inflict serious bodily harm or death upon an occupant of the home. Some states apply the Castle Doctrine if the occupant(s) of the home reasonably believe the intruder intends to commit a lesser felony such as arson or burglary.
• The occupant(s) of the home must not have provoked or instigated an intrusion; or, provoked/instigated an intruder's threat or use of deadly force."

The "occupant(s) must reasonably believe the intruder intends to inflict serious bodily harm or death upon an occupant..." How would you know, ask the perp?

Colorado has the "occupant reasonably believes intruder intends to commit a lesser felony..." on the books. But as a practical matter, recognizes someone isn't going to unlawfully enter just to offer up a cheery greeting... assumes perp has entered to commit some other crime.

I've not heard of store clerks being prosecuted for shooting robbers. And until the act of robbery begins, you'd have to assume anyone in the store was there legally.

Seems you should be able to shoot looters if your state was one where "other criminal act anticipated". Looter entered your business unlawfully, then committed burglary/other.

If your state's Castle Doctrine required perception of "imminent threat of injury or death", seems might not be able to shoot looters. (??) And why would you want to anyway? (Other than you are pissed and they deserve it.) Insurance would cover the losses beyond your deductible... and that was probably met with the smashing of your windows and door glass.