THERE IS certainly a need for a more robust legislative framework to deal with the spiralling rate of home invasions and, to this end, we welcome this week's call by Opposition Leader Kamla Persad-Bissessar for the establishment of a special offence of home invasion which would attract a penalty of 25 years in jail.
Enforcement of such a catch-all offence, which would involve increasing the penalties for a constellation of offences including larceny, burglary, serious assault and unlawful entry, could send a strong signal and be a key deterrent.
Where Ms Persad-Bissessar is on less solid footing, however, is her proposal for the importation into this country of a US-styled 'stand-your-ground' legal principle which would allow a person to use force against a trespasser without any commensurate duty to retreat.
For sure, anyone wishing to invade the property of another will think twice if it is the case that they could be killed by the homeowner or resident on sight. Currently, the law permits self-defence, but, as in so many other areas of the law, there is a standard of proportionality and reasonableness expected. Removing such standards would change the dynamics of these incidents substantially.
However, there is clearly a risk of going too far and taking us into the wild wild west.
The timing of Ms Persad-Bissessar's proposal is such that it coincides with recent reports of four shocking incidents in the US which have put a renewed spotlight on the effect of long-controversial stand-your-ground laws there.
In the first incident, 16-year-old Ralph Yarl was shot twice after ringing the doorbell of the wrong home in Missouri. In the second, 20-year-old Kaylin Gillis died after being shot upon entering the wrong driveway in New York state. In a third, a two cheerleaders were shot when one mistakenly took a car for her own. In the fourth, six-year-old Kinsley White and her parents were shot by a homeowner when a basketball rolled into his yard.
Even before this, the death of unarmed 17-year-old Trayvon Martin in Florida in 2012 led then US attorney general Eric Holder to criticise these kinds of laws as senselessly expanding the concept of self-defence in a manner that sows dangerous conflicts in neighbourhoods.
Research into these laws also suggest they increase homicides. One study published last year done by researchers tied to the University of Oxford's Department of Social Policy and Intervention showed an increase in homicides by as much as ten per cent upon the introduction of these laws in the US.
This is not hard to understand, as it is conceivable these laws encourage vigilantism and entrapment. They may also convince untrained people to attempt to engage in combat with armed intruders. And they might also undermine efforts to get people to work with the police in situations where that is preferable.
On stand-your-ground, Ms Persad-Bissessar should therefore stand down. The Government, however, should carefully consider he
