Opinions

Crime got you angry and frustrated? Keep your cool, my friends

Nearby neighbors arrived home in the early evening recently to find two thugs who had been methodically rummaging through their belongings fleeing through a rear window with guns and other property.

Thankfully, nobody was hurt, but had the homeowners arrived minutes earlier or had the hoodlums opted to attack them, the outcome could have been much worse. The bad guys, unfortunately — or fortunately — got away, but they left in their wake a whirlwind of anger and a sense of violation that spread through the neighborhood.

That prompted all manner of talk about gunplay and dire consequences for the perpetrators if the chance ever arose. All that is understandable: I went through the same angry chest-thumping myself years ago after a burglary; said the same things; meant every word of it at the time.

As if to underscore the rising frustration about crime in the city, a few days after my neighbors' burglary, KTVA reported owners of a drive-thru coffee stand were buying more weaponry after an employee was robbed at gunpoint by a yahoo driving, of course, a stolen truck.

Their fear is understandable, too. Unless you are prone to miracles and a policeman happens to be standing next to you when a crime is committed, cops under the best of circumstances are not going to arrive until the excitement is over. Until they do, you are on your own.

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One of the coffee stand owners said if she and her sister had been working, they would not have hesitated to blast away. "She would have probably opened that back door and shot their tires out or something," the woman said of her sister.

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That anger also is reflected in community crime watch blogs.

"We need to start shooting the bad guys and run away," said one blog entry. "Maybe we start walking in the shadows at night armed."

Shooting people on sight — even scum — or blasting away at their tires or firing warning shots or stalking the shadows to ambush bad guys are very, very bad ideas. In fact, they are very, very bad ideas that can land you in prison.

As all manner of crime balloons in and around Anchorage, many residents are feeling unsafe and it seems almost inevitable somebody will shoot first and ask questions later, or shoot at the wrong time under the wrong circumstances. There are more than a few people behind bars who did not understand the nuanced hows, whys and whens of deadly force; that it is seldom a question of black and white, but too often gray.

A primary benefit of Alaska's concealed carry license requirements is that applicants are schooled, at least briefly, on self-defense and deadly force. The licenses now are not required, so most people miss even that modicum of training.

Make no mistake, there are myriad things to know before deciding in that confused split second to use deadly force; things that will help get you through what happens next, criminally and civilly.

Alaska law says you "may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against death, serious physical injury, kidnapping, except for what is described as custodial interference …; sexual assault in the first degree; sexual assault in the second degree; sexual abuse of a minor in the first degree; or robbery in any degree."

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The law goes on to say a person "may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except … if the person is on premises that the person owns or leases; where the person resides, temporarily or permanently; or as a guest or express or implied agent of the owner, lessor, or resident; a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer …; in a building where the person works in the ordinary course of the person's employment; or protecting a child or a member of the person's household."

Then, after using deadly force, you must be prepared to persuade cops, prosecutors — and maybe a judge and jury — that your actions were reasonable and lawful. Take to heart the old saw about prosecutors being able to indict ham sandwiches.

To avoid many of the pitfalls, seek out any training available, or perhaps our already overburdened police and prosecutors could find time to offer brief classes and answer questions about self-defense and deadly force for businesses and individuals who have had enough and want to defend themselves lawfully.

It could make officers' jobs easier, prevent needless tragedy and keep one of the good guys out of trouble.

Paul Jenkins is editor of the AnchorageDailyPlanet.com, a division of Porcaro Communications.

The views expressed here are the writer's and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary@adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser.

Paul Jenkins

Paul Jenkins is a former Associated Press reporter, managing editor of the Anchorage Times, an editor of the Voice of the Times and former editor of the Anchorage Daily Planet.

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