Colorado media continue to float “Make My Day” law myth

Laws are not named after lines in movies.

Laws are not named after lines in movies.

by Ex-Leftist

11/4/2018

“The Make My Day law grants immunity to people who kill a home intruder, if they fear they are in danger…”

Denver Channel 7’s Lance Hernandez reports the above in ‘Make My Day’ law may apply in fatal shooting in Denver’s Capitol Hill neighborhood.’ This article is a horrid piece of journalism. Firstly, it copies the old political label whipped up by opponents of the law when the legislation was up for debate in the Colorado legislature in 1985 to cast the law as one which would make Wild West-style gunplay the norm in neighborhoods.

Does using such loaded political terms sound like objective, neutral journalism? Of course not. It would be akin to the media using Trump’s nickname and calling Hillary Clinton “Lyin’ Hillary” instead of her name. What kind of shit is that?

18-1-704.5, C.R.S., titled “Use of deadly force against an intruder” and originally known as the Homeowner Protection Act is a law enacted in the state of Colorado in 1985 which allows homeowners to defend themselves on their property from illegal intruders. Opponents labeled it “Make My Day” among other things, and the MMD label stuck. Why? Media adopted it as a reference for the legislation rather than calling it by its title, such as in this article.

Why have media taken on a partisan political term for a piece of unwanted legislation and run with it for 33 years at the time of this writing?

Lance Hernandez has been with Channel 7 in Denver for nearly 40 years. He was there before this law was enacted. He didn’t just fall out of a pumpkin wagon. Yet he, like all other Denver media, refer to it by a hostile political label instead of its actual legislative title. Worse – he like so many other articles about this law not only don’t name the law for reference for readers, they don’t state what the law says. They just blurt, “Make My Day.”

This crap has been going on for decades.

 

Lazy and biased junk journalism strikes again.

 

This is the law. It is a reasonable self-defense law in the home and nothing more.

Article 1. Provisions Applicable to Offenses Generally

Part 7. Justification and Exemptions from Criminal Responsibility

18-1-704.5. Use of deadly physical force against an intruder 

(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

(5) As used in this section, unless the context otherwise requires, “dwelling” does not include any place of habitation in a detention facility, as defined in section 18-8-211 (4).

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