The tragic killing of Florida teenager Trayvon Martin has put a spotlight on the state's open-ended Stand Your Ground law, which allows people to … "It also sort of eliminates this duty to retreat. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat. "Stand your ground" laws are also referred to as “no duty to retreat” laws because a person is not required to retreat from the situation, even if they would have had a reasonable opportunity to safely do so. If there is a continued threat after leaving, the threatened person is permitted to use force to defend themselves. § 53a-19. Stand Your Ground essentially aimed to protect people who acted to protect themselves rather than retreat as far as possible. The case has sparked debate about Stand Your Ground laws, which some states - including Florida - have passed to increase legal protection of those who are judged to have killed in self-defense. “Stand your ground” laws removed this duty to retreat. The Stand your Ground Laws are Failed Policy. “Stand your ground” laws generally give individuals a license to use deadly force in response to a threat or physical force without the fear of serving a prison sentence. A Dunn panelist has … The following 36 states have passed a "Stand Your Ground" law:AlabamaAlaskaArizonaCalifornia*Colorado*FloridaGeorgiaIllinois*IndianaIowaMore items... A study found that deterrence, burglary, robbery, and aggravated assault are unaffected by Stand Your Ground laws. Read More. Generally, “stand your ground” laws allow people to respond to threats or force without fear of criminal prosecution. "Stand Your Ground" laws are legal justification for self-defense from perceived threats against an individual, including the use of deadly force. "Stand Your Ground" Many states have adopted " stand your ground" laws that expand traditional self-defense laws and extend the castle doctrine to confrontations outside a person's home. stand your ground. A phrase referring, in the United States, to a law that allows one to use force that would otherwise be illegal against a person that they perceive as posing an immediate threat of serious bodily harm. It eliminates the problems that come with a duty to retreat. Questions for Discussion: Stand Your Ground Laws. The Chicago Tribune ran an article titled “Report: ‘Stand Your Ground’ laws lead to increase in homicide.” Think Progress, while covering Alaska governor Sean Parnell’s signing of the state’s new Stand Your Ground law, wrote: “Studies have shown that Stand Your Ground laws are discriminatory, associated with higher homicide rates, and don’t deter crime.” Robert L. Rankin Legal and Forensic Psychology PSYC 3520 February 27 th , 2018Moving on, a 71-year old retired police officer by the name of Curtis Reeves Jr. entered into an argument in a … Gun licensing laws were associated with a 14% decrease in firearm homicides, while increases in firearm homicides were seen in places with right-to-carry and stand-your ground-laws. WHY STAND YOUR GROUND LAWS ARE DANGEROUS . List of the Pros of Stand Your Ground Laws 1. America has a long history of enshrining racial disparity in state and national laws, from the openly race-based policies of slavery and segregation, to the more recent and subtle policies around profiling, "stop-and-frisk" and the so-called War on Drugs. Stand your ground laws are in effect just self defense laws with the retreat clauses. Likewise, law enforcement officers should have the ability to serve and protect the citizens without the fear of prosecution. Kentucky is a Castle Doctrine state and has a “stand your ground” law. Plainly see that within the Bible, and the marking of the end, for sure. Not in the US sense. Yes. A stand-your-ground law (sometimes called "no duty to retreat" law) is a legal justification where an individual can "stand their ground" and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats. Wow, they were using the term “stand your ground” in 1921. Stand your ground laws essentially state that a person who is being threatened by another person's use of force does not have a duty to retreat or back down. Stand Your Ground Law Arguments 1224 Words | 5 Pages. a person has a clear reason to believe he or she is about to be the victim of serious violence, This video explains the rational behind Stand Your Ground and why it makes sense. Deadly force is reasonable under stand-your-ground laws in certain circumstances, such as imminent great bodily harm or death. Self-defense is codified in the Connecticut criminal statutes, specifically in C.G.S. Florida passed the first such law in 2005. Having followed the castle doctrine for years, Iowa has recently also expanded its self-defense laws to include a “stand your ground” policy. Sadly, the interpretation of the law allows people like George Zimmerman to kill in cold blood and walk away free. Many states have enacted so-called stand your ground laws that remove any duty to retreat before using force in self-defense. "Stand Your Ground" laws are legal justification for self-defense from perceived threats against an individual, including the use of deadly force. In the Stand Your Ground states, when white shooters kill black victims, 34 percent of the resulting homicides are deemed justifiable, while only 3 percent of deaths are ruled justifiable when the shooter is black and the victim is white. The shooting death of Trayvon Martin in Florida in 2012 brought a lot of attention to so-called "stand your ground" self-defense laws, which allow armed individuals who believe they are in imminent danger to use deadly force.The tragic situation in Florida, and others like it around the country, have caused many people to question the wisdom of these laws and even to demand their repeal. The media ate it up. Stand Your Ground laws can be applied at multiple points during an investigation. Stand Your Ground – The Use of Force in Self-Protection in Pennsylvania. [ 158 ] [ 160 ] Read More Stand Your Ground laws extend this right to public places. Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied. 1. A neighbor would not have the ability to ensure others were kept safe from danger. Citizens had already possessed a right to “meet force with force” without retreating when threatened in their homes (a law referred to as the “Castle Doctrine”). The debate focused on the controversial “Stand Your Ground” (SYG) self-defense law, which garnered national attention after the fatal shooting of Florida teenager Trayvon Martin in February 2012. If the minimum force would have been to back off and walk away that’s what you are required to do. Stand Your Ground (SYG) laws are geared toward confrontations that occur outside the home, since they would be redundant to Castle Doctrine, which already makes it clear that the individual need not retreat before using defensive deadly force against a home invader. Stand Your Ground laws allow a person to kill another person in a public area, even when they could have clearly and safely de-escalated the confrontation by retreating, upending traditional self-defense law.2See, e.g. CREDIT: Shutterstock. The Stand your ground laws are based on a good principle. It does not, however, make justification unnecessary. The judge directly told the jury Michael Dunn had the right to stand his ground. During the same year the law was repealed, Missouri also passed a “Stand Your Ground” law. After all, poor blacks who live in high-crime urban areas are the most likely victims of crime. Specifically, stand-your-ground laws reduce the expected legal costs of defensive gun use by reducing the probability of incurring criminal or civil liability for inflicting fatal or nonfatal injury. The variations occur in the definition of the location where the claim of self-defense can be used. Clearly, the inclusion of "stand your ground" in the jury instructions was enough to impact the decision of some of the jurors, even though Zimmerman's defense team didn't explicitly employ the law. Under traditional self-defense law, a person can use force to defe… Supporters of the law also argue that the law defends good people from prosecution when their only crime was protecting themselves (and/or others) from harm. Twenty-two states now have some variation of SYG law. Many criminal-law doctrines evolve over centuries, but “Stand your ground” laws arrived suddenly — starting in Florida in 2006. Texas law tells us that there is no duty to retreat if faced with a situation where you have to use force or deadly force to protect yourself or another. These laws, on the books in nearly half our states, affirm the right of self-defense. §776.012(2). Properly understood, “Stand-Your-Ground” expands the “Castle Doctrine,” it does not upend it. It allows anyone to protect themselves from the commission of a crime. This gem of Mr. Love’s was particularly enjoyable: Stand Your Ground laws provide more latitude to invoke self-defense as a grounds for killing someone posing an imminent threat. "Stand Your Ground" laws are part of a larger class of laws called "castle doctrine," which is the legal reasoning that a person can use force to protect his or her home, person, property. We had good self-defense laws. Yes, "stand your ground" laws are good and appropriate. Stand-your-ground laws give individuals expanded protections for use of lethal force in response to a perceived threat, and right-to-carry laws make it easier for people to … This principle has been codified and expanded by state legislatures. In Pennsylvania, there is a statute that allows you, under certain circumstances, to use force to protect yourself and your family. The Stand Your Ground law is most widely associated with the Feb. 26 shooting death of Trayvon Martin, an unarmed 17-year-old killed in Florida by George Zimmerman, a … Stand Your Ground laws are suddenly in the spotlight, as Americans debate whether they counter violence or put more people in danger of death or injury by gunfire. The idea is to protect women from being abused. THE BLACK AND WHITE OF STAND YOUR GROUND. These laws generally come into play when a person is attacked in a place they are lawfully allowed to be present. … Laws have been a part of civilization for … While the southern most states (i.e., Alabama, Florida, and Georgia) have claimed a decrease in crime due to the enactment of the "Stand Your Ground Law," the law should be repealed because it is a less effective means of preventing violence and crime than the … They should not be forced to flee when under attack. "It [the Stand Your Ground law] allows a person to use deadly force if he or she reasonably believes that they are in danger of any harm or death," said ABC News senior legal correspondent Sunny Hostin, a former federal prosecutor. They address the use of force outside of one's home, place of work, or vehicle. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. At the time of Martin's shooting, 22 other states had adopted similar stand your ground laws. You can use the minimum force reasonably required to defend yourself and in some cases your property. Florida's "stand your ground'' law has allowed drug dealers to … The victim is not your son, it was the intended person your son chose to accost. Evidence shows that Stand Your Ground laws are shown to increase firearm homicides and do not prevent crime. And the law is very clear that Of course some might think all self defense laws should be done away with but most agree with self defense laws. Florida's "Stand Your Ground" law faces increased scrutiny after the death of Trayvon Martin, the unarmed teen who was shot and killed by neighborhood watch … Opponents to the law call Stand Your Ground “legalized murder.”. by Philip J. Cook, Duke University . Fla. Stat. In the Drejka case, it was a parking lot like this one. “Self-defense” has long been a phrase used in criminal cases, but stand your ground has taken the application to controversial heights. Stand Your Ground Laws are often expansions of the Castle Laws. Here is an excerpt about this case from Wikipedia “if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant he may stand his ground and that if he kills him he has not exceed the bounds of lawful self-defense.”. Subsequently, in states without Stand Your Ground statutes, a person is required to retreat. Texas Stand Your Ground and Self-Defense Laws Believe it or not, in some situations it is actually legal to injure or even kill another person. Self-defense in Connecticut is what is called an affirmative defense to Connecticut criminal assault, murder or manslaughter charges. Self Defense and “Stand Your Ground”. A study analyzing “stand your ground” policies found that in nearly 36 percent of shootings of Black victims by white perpetrators, the perpetrators successfully argued that … Three weeks after the shooting, Florida Governor Rick Scott commissioned a 19-member task force to review the Florida statute that deals with justifiable use of force, including the Stand Your Ground provision. Despite their notoriety, Ohio advanced a bill to pass its own law, and Alaska joined the list when Gov. The term “stand your ground” law, again, is not a legal phrase but a phrase the media frequently uses in its reporting. It is a good time to look closely at what these laws do – and what we know, so far, about their effects. In the Drejka case, it was a parking lot like this one. While on … … For example, some states have "stand your ground" laws which provide individuals with more leniency when it comes to using deadly force. COLUMBUS, Ohio—The Ohio House passed a controversial “stand your ground” measure on Thursday that would eliminate any “duty to retreat” before using force in self-defense. “Stand your ground” laws do not promote a wild west mentality — they prevent it. Introduction: ‘Stand Your Ground’ In a highly publicized move, the Florida Legislature enacted in 2005 what has been popularly known as the “Stand Your Ground” law. In many states to prove self defense they must prove they tried to retreat from the attacker. The 2012 death of Trayvon Martin. In essence, "stand your ground" laws effectively extend the protections of the Castle Doctrine from the home to any place a person has a legal right to be. The variations occur in the definition of the location where the claim of self-defense can be used. The study also examined the impact of right-to-carry and stand-your-ground laws. If the defendant wins, a trial cannot proceed, and the defendant has immunity from civil suits as well. I also review the rules for use of deadly force. Florida's "stand your ground" law works and should not be overturned, but the standards for neighborhood watch groups should be looked at by … 38 states are stand-your-ground states, 30 by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, … Under the expanded “Stand Your Ground” laws, the permissible use of deadly force for self-defense expands beyond the home, into spaces including personal vehicles and even public places, and the burden of showing that the use of force was unreasonable falls on the prosecution. … Stand Your Ground law alleviates or gets rid of just that last little bit—the duty to retreat. No, Delaware does not have a “stand your ground” law. Although the death of Trayvon Martin has... 2. You cannot, for instance, claim Stand Your Ground based on the belief you were afraid of getting punched in the arm and therefore drew your pistol and shot the aggressor. Many self-defense laws state that a person that believes they are being threatened with personal injury has a duty to retreat. "Stand your ground" laws do … There is no federal SYG law , and in many states the so-called Stand Your Ground laws … The right to self-defense has become similarly sacrosanct, fueling the spread of Stand Your Ground laws to more than half the states. The answer starts with the “Stand Your Ground” law that Florida passed in 2005. The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. Florida and Georgia are considering an expansion of Stand Your Ground laws.At least 24 states have Stand Your Ground-like laws. Have Stand Your Ground laws had some beneficial impact by allowing law-abiding citizens to protect themselves? Stand Your Ground laws contain flaws wherein predators or vigilantes may twist the law to their benefit, yet the Stand Your Ground laws are meant to justify. Of course, in Florida pursuant to the Stand Your Ground law (Florida Statute 776.012), you have a right to use deadly force if you have a reasonable fear of imminent death or great bodily harm to yourself or another, and you are “in a place you have … No, Stand Your Ground, or SYG, is really a concept for a bunch of legislation, law and sometimes procedural legal opinion that is often very similar in effect from one jurisdiction to another. A “stand your ground” law states that a person may use deadly force in self-defense without the duty to retreat when faced with a reasonable perceived threat. Lott continues, But she misses the fact that innocent black victims use Stand Your Ground laws in their defense. A Stand Your Ground Law is a law that allows citizens to protect themselves if they feel their lives are in danger, regardless of whether they could have safely exited the situation. Citizens have the right to protect and defend themselves. It is easy to forget the reasons why the first stand... 3. Stand Your Ground Definition. A “stand your ground” defense can be used in criminal cases in situations where a person is legally allowed to use force (including deadly force) to defense themselves. A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) establishes a right by which a person may defend one's self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Under traditional legal principles, people in disputes generally have a duty to “de-escalate” in the interest of saving human life, but the Florida law … The second problem with what Flowers had to say is that stand your ground laws help law-abiding African Americans, too. However, Delaware is a Castle Doctrine state. Florida's stand your ground law allows defendants to raise self-defense in a pre-trial hearing, which is essentially a mini-trial at which the prosecution has to prove beyond a reasonable doubt that the defendant did not act in self defense. This law allows people to use firearms in cases of self-defense without being charged for injury or homicide, and it increased the number of homicides. Whether “Stand Your Ground” laws are good policy is the subject of much debate across the nation; and opinions tend to fall along partisan, cultural and even racial lines. This is why many are fighting to have it repealed. 3. In Florida, for example, if a shooter invokes the Stand Your Ground law… The Michael Drejka 'stand your ground' case in the Florida killing of Markeis McGlockton shows why these flawed self-defense laws need to be repealed. The laws, in turn, increase the expected costs of violent criminal behavior, as victims are more likely to respond using deadly force. Proponents that support Stand Your Ground laws argue that if experts were to revoke these types of laws, a person would not have the authority to protect his or her family, self or friends from harm from intruders. It’s also important to keep in mind that the “castle doctrine” applies in your home, place of business, or occupied vehicle (if you’re in your car, RV, boat, etc.). Currently, 28 states have legislatively enacted "stand your ground" laws. Robert Rankin. “They called them stand your ground laws or castle doctrine laws, and in Mississippi we didn’t need it. Title 18 Section 505 specifically describes the laws for “Use of force in self-protection.”. The case of Trayvon Martin, a 17-year-old unarmed teen allegedly gunned down by a neighborhood watchman, prompted intense criticism of "stand your ground" laws that justify use of … People think “stand-your-ground” means that it gives people the right to use a firearm in any conflict without having to back down. Stand your ground laws are there to protect the innocent, not the other way around, but as this now God forsaken country is going, I’m sure like all things today will go from good to bad. For example, Stand Your Ground law states that no one should feel forced … Proponents of “stand your ground” laws argue they reduce barriers that prevent victims from exercising the right to defend themselves. Download. This law, as outlined in Sections 776.012, and 776.013, Florida Statutes, expands the scope of a self-defense claim traditionally available in a criminal case by: Stand Your Ground laws are associated with significant increases in homicide rates of 6 to 11% Because legal presumptions favor defendants, the prosecution has the burden of disproving the survivor’s story, a hard thing to do if the defendant has killed the only witness. Some states have self-defense laws that are similar to stand your ground but with one key difference. Under Texas stand your ground and self-defense laws, you are legally permitted to use physical force, and deadly force in certain circumstances, to protect yourself from violent crime or bodily harm. The bottom line is that Stand Your Ground laws – dubbed “Shoot First” by critics – make it easier to get away with what would previously have been considered criminal homicide. Standing your ground. Others, though, have said the "stand your ground" law could potentially drive up the crime rate. From the archives: 'Stand your ground' law protects those who go far beyond that point 1. Stand-your-ground laws, by comparison, remove the common law requirement to retreat outside of one ' s “castle,” allowing an individual to use force in self-defense when there is reasonable belief of a threat.
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