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Stand Your Ground Law Pros 633 Words | 3 Pages. In 2005, the Florida state legislature passed a stand your ground law, upending centuries of this duty to retreat legal doctrine. ever a Stand Your Ground law exists, he "will not perform in that state or in that part of the world"). As the discussion over the proposed system goes on, the main argument against the system is that party list candidates may be chosen by the party executives and voters won't be able to break the slate. Former President Barack Obama, October 1. In Florida as well as 21 other American states, as stated by to the National Conference of State Legislatures, the above-mentioned laws are self-defense laws that relieve individuals of their "duty to retreat from an attacker before using force against them anywhere . If you defended yourself from harm or the threat of death, you have the right to raise the stand your ground law as a defense. The goal of this paper is to show cons and pros of Stand Your Ground laws. They've also wondered if race was a factor. Stand your ground laws are a license to kill and a threat to the most vulnerable July 31, 2018 03:40 "I think the law is always kind of evolving," said Charles O'Hara, a criminal defense attorney . [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange Council. Key Findings Stand Your Ground has had deadly effects across the country. On "Stand Your Ground" Along with advocating gun control in general, the movement inspired by Trayvon Martin's murder has advocated the overturn of "stand your ground" (SYG) laws. Proponents argue that expansion of the Castle Doctrine would deter would-be criminals. Florida was the first the state to enact this law, and currently, 22 states have now adopted this law. First is the fact the state's law says a person . One of the primary benefits that Trump Care would provide is an immediate reduction in the federal deficit. This article argues a better claim on why the Stand Your Ground laws do legalize vigilante racial profiling because they use multiple methods to prove their reasoning. See Keitha Nelson, 'Standing Our Ground Week' Begins in Jacksonville, FIRST COAST NEWS (July 25, 2014, 11:38 PM), www . The laws expand on the "Castle . I. Florida's justifiable homicides nearly tripled as of 2012 since the 2005 passage of the law. OUR VIEW: 'Castle doctrine' works well. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. Some states have self-defense laws that are similar to stand your ground but with one key difference. In 2020, the RAND Corporation released a research review of the impact of various gun-related state policies and found that strong evidence linked Stand Your Ground laws with an increase in firearm homicide rates. Trump Care would reduce the federal deficit. 11 Over the next 15 years, states across the country adopted measures similar to Florida's. As of September 2021, 29 states have stand your ground laws, and an additional eight states have statutes that expand the right to stand your ground beyond the home, such . De la Torre said the class will include lectures, debates and discussions, guest speakers and video footage to cover the various aspects of . Among the topics covered: the history of self-defense laws before and since Stand Your Ground, major cases involving the law, racial issues in the Zimmerman case and the pros and cons and future of the law. The controversy continued in 2014 with such nationally promoted events as "Stand Your Ground Week" in Florida. Self Defense and "Stand Your Ground". Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons in Florida Stand Your Ground Law. written law. Despite its generally low profile, ALEC has drawn scrutiny recently for promoting gun rights policies like the Stand Your Ground law at the center of the Trayvon Martin shooting case in Florida . The first such law was passed in Florida, and since then similar laws have been adopted in more than twenty states. Why the stand-your-ground law is dangerous in certain states like Florida. Texas Law. Anecdotal evidence of the real-world consequences of the "stand your ground" laws, however, will probably not be persuasive to a legislature considering repeal of such a law. "Stand your ground" controversies. I. They encourage reckless gun owners to kill first, ask questions later, and claim self-defense to avoid being held criminally responsible for taking the life of another individual. The goal of this paper is to show cons and pros of Stand Your Ground laws. In Florida as well as 21 other American states, as dated by to the National Conference of State Legislatures, the above- mentioned laws are self-defense laws that relieve individuals of their "duty to retreat from an attacker before using force against them anywhere . Pros and/or Cons of Stand Your Ground Law The infamous George Zimmerman case has stirred the controversy around Stand Your Ground laws and brought these laws to the public light, becoming the subject of vigorous nationwide debates whether these laws should be repealed or not. [2] These changes are the result from our intellectual and . Proponents of the law, on the other hand, believe the law allows for self-defense and helps protect the rights of law-abiding . Likewise, law enforcement officers should have the ability to serve and protect the citizens without the fear of prosecution. Like many controversial legislative, Stand Your Ground laws have their critics and proponents, and both sides tend to make valid points in defense of their position. In FL, before a "stand-your-ground" case case even gets to a jury, the prosecutor and the defense will present arguments to a judge for her to determine whether "stand-your-ground" applies and, if so, the case goes away. This law to them is a ticket to kill or harm who ever. Stand your ground laws are in effect just self defense laws with the retreat clauses. The law is controversial, as many believe that it allows people to get away with gun violence. The stand your ground law, however, was a lobbying product of the National Rifle Association (NRA) and was signed into law by Governor Jeb Bush on April 26, 2005. Hard data from . ever a Stand Your Ground law exists, he "will not perform in that state or in that part of the world"). In Florida as well as 21 other American states. In the opposing article "Stand Your Ground" Laws Legalize Vigilant Racial Profiling" they tend to see this law as a bad idea. First, though, it is important to understand the background of Stand Your Ground laws. Expanding the Concept of Self-Defense They should not be forced to flee when under attack. Answer (1 of 83): I'm all for them. The Marissa Alexander case was an inspiration for the reform Florida's Stand Your Ground law. The positive aspects to having a law such as Stand Your ground mostly center around protecting the rights of the person being attacked. When Trayvon Martin was killed in 2012, the man who shot him used that law in his defense. 22% of Americans own one or more guns (35% of men and 12% of women). Pros. The United States has 120.5 guns per 100 people, or about 393,347,000 guns, which is the highest total and per capita number in the world. In Pennsylvania, any person "has no duty to . The inception of Stand Your Ground Florida passed the first "Stand Your Ground" law in 2005. "Stand your ground" laws extended that right to other locations. Here's a great summary of all the pros and cons of the Mixed-Member Proportional system proposed for Ontario. As you might imagine, Texas stand your ground law cases can be extremely complicated. Readers are debating Zimmerman's self-defense claim as well as the pros and cons of "stand your ground" laws. Examples of Stand Your Ground Law and Racial Disparity. In Florida, for example, if a shooter invokes the Stand Your Ground law, police can determine whether to make an . Stand Your Ground laws were championed by gun rights extremists under the guise of protection, while communities of color have suffered a traumatic history of racially-motivated shootings. In any case, Cohen emphasizes when dealing with the law "education is the key; a lynch mob mentality will not solve misconceptions about the law" (Cohen). Pros and Cons of the Law. \\jciprod01\productn\M\MIA\67-4\MIA409.txt unknown Seq: 4 4-SEP-13 12:45 830 UNIVERSITY OF MIAMI LAW REVIEW [Vol. So, June 21, 2014 there were changes made to the Stand Your Ground Law in Florida expanding the law to cover warning shots as well. First, though, it is important to understand the background of Stand Your Ground laws. We also find that the stand your ground laws are not related to non-homicide deaths, which should not respond to gun laws. (Longley 2018) Stand Your Ground laws basically extend the protection of the Castle doctrine from the castle (home) to any place a person has a legal right to be. Stand your ground laws move the castle doctrine principle into the public square. Many states have enacted so-called stand your ground laws that remove any duty to retreat before using force in self-defense. In many states to prove self defense they must prove they tried to retreat from the attacker. Benefits Of Stand Your Ground Law. It's important to work with a Texas criminal defense lawyer who can help. The Pros And Cons Of Stand Your Ground Law. In other words, the law does not need to be repealed; it needs to be well defined. Texas Penal Code, Chapter 9, Subchapter D. Generally speaking, a stand your ground law does not impose an obligation to retreat from public places a person is legally allowed to be. 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. This includes cars, homes, and other public places. Of all the states with "stand your ground laws," Florida's is "probably the strongest at this point," O'Mara said, for three reasons. This principle has been codified and expanded by state legislatures. The advantages of the stand-your-ground law aren't many. Of course some might think all self defense laws should be done away with but most agree with self defense laws. In a world of 7 billion habitants, humankind has always tried to create breakthroughs in order to bring freedom. Although I personally think the law has some positive sides to it, the negative aspects of it outweigh the advantages. 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. Far from being a "shoot first" law, stand your ground gives the benefit of the doubt to the victim. The law extended the common-law "castle doctrine," embedded in most state laws, to go beyond the . Florida is one such state, where an individual may use deadly force when assailed at any location he has a right to be. This massive increase can hardly be ignored and a good portion of stand your ground instances consist of questionable situations . New bill could change Missouri's 'stand your ground' law America's pervasive gun culture stems in part from its colonial history, revolutionary roots, frontier expansion, and the Second Amendment, which states: "A well regulated militia . There have been some moves in New Hampshire to expand the "stand your ground" law, permitting citizens to defend themselves more broadly. The Pros And Cons Of Stand Your Ground Law. It is a good time to look closely at what these laws do - and what we know, so far, about their effects. The law extended the common-law "castle doctrine," embedded in most state laws, to go beyond the . The "Stand The Ground" statute states that "a person who is not really engaged in a great unlawful activity and who will be attacked in a other place where he or perhaps she has the right to be does not have any duty to retreat and has the right to stand his or her ground and meet pressure with power . In states without stand your ground laws two things could happen: 1.. MMP - Pros And Cons. This law also eliminates the requirement for people being attacked . The "Stand The Ground" statute states that "a person who is not really engaged in a great unlawful activity and who will be attacked in a other place where he or perhaps she has the right to be does not have any duty to retreat and has the right to stand his or her ground and meet pressure with power . 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. Please list the pros, the cons, your opinion, and a conclusion for the topic. Words: 636 - Pages: 3 Trayvon Martin's parents to meet with justice officials 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. Stand Your Ground laws can be applied at multiple points during an investigation. First adopted in Florida in 2005, Stand Your Ground laws, drafted and promoted by the National Rifle Association, have since been enacted in some form in more than 20 states. Existing as a natural law, meaning it is an inherent claim without being specified or granted by manmade laws, self-defense is a precept that dates to the times of the Roman Empire which recognized a person's right to defend themselves and his property. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. A more in-depth analysis of stand your ground laws can be found in this article, but here's the gist. The only advantage that I can think of is the fact that it gives great protection to the . Finally, we analyze data from the Health Care Utilization Project to show that these laws are also associated with a significant increase in emergency room visits and hospital discharges related to firearm inflicted injuries. Like many controversial legislative, Stand Your Ground laws have their critics and proponents, and both sides tend to make valid points in defense of their position. According to the article, "Stand Your Ground" Laws Are a License to Murder, "Police said the girls were nowhere near the housethey were, in fact, driving awaywhen Davis opened fire with his .22-caliber rifle." The girls had already left the property and in no way harmed or threatened Davis's life. Some states go even further and make it legal for such stand-your-ground laws to apply outside of one's home. In Florida as well as 21 other American states. Florida authorities have picked 17 people to tackle a heated question brought on by the killing of unarmed teenager Trayvon Martin: whether the state's "stand your ground law" should be changed. You see, if someone breaks in to your house and is armed with a knife it would be somewhat reasonable to shoot that person. Of course some might think all self defense laws should be done away with but most agree with self defense laws. The study found that White-on-Black homicides were more likely to be ruled justified (11.4 percent) while Black-on-White homicides were least likely to be ruled justified (1.2 percent). CONCORD, N.H. (AP) The Republican-led New Hampshire House debated two bills Thursday inspired by last summer's massive demonstrations against racial injustice, rejecting one that would have banned police from using rubber bullets or tear gas and approving another that would expand the state's "stand your ground" law to include motor vehicles. "Stand your ground" laws do not promote a wild west mentality they prevent it. 1359 Words6 Pages. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. Like many controversial legislative, Stand Your Ground laws have . Under such laws, there is no duty to retreat from anywhere the defender may legally be. Trayvon Martin, an unarmed teenager, was shot and killed by neighborhood watch volunteer George Zimmerman last month. Perhaps one of the most prominent Stand Your Ground Law examples in Americans' minds is the Trayvon Martin case (more on that later). We know that states with the most gun laws tend to have the fewest gun deaths. The inception of Stand Your Ground Florida passed the first "Stand Your Ground" law in 2005. Stand your ground law Essay. Stand your ground laws are in effect just self defense laws with the retreat clauses. Stand your ground law Essay. 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 neighborhood watch captain . "In the majority of the cases, the person's . As a prosecutor and defense attorney, he has extensive experience handling Stand Your Groundmatters. Citizens have the right to protect and defend themselves. THE RISE AND EVOLUTION OF STAND YOUR GROUND LAWS A. The Pros And Cons Of Stand Your Ground Laws. The principle that a person may use deadly force in self-defense if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm has been the law . The law received support from the National Rifle Association. As of 2010, more than 30 states in the US have some degree of a Stand Your Ground Law. Obama's argument seems to be that Florida's "stand your ground" law, even if it had nothing to do with George Zimmerman's defense or acquittal, fostered a mind-set that led to his deadly . Stand Your Ground Laws are Part of America. Even though this bill is defunct, it is still important to review the pros and cons of Trump Care so that the U.S. can work toward a more comprehensive policy. Pro-life advocates across the nation rejoiced last week upon hearing that the Supreme Court declined to stop a Texas . You believe Stand Your Ground Laws help to keep the community safe by providing home owners the authority to protect their homes from deviant behaviors. The "Stand Your Ground" law was passed in Florida in 2005. So the notion that gun laws don't work, or just will make it harder for law-abiding citizens and criminals [to] still get their guns is not borne out by the evidence. March 28, 2012. In Florida, lawmakers in the state legislature will debate a bill that repeals the Stand Your Ground law. Some states expand this to vehicles, and the person's place of work. The law gives Texans the right to protect themselves. THE RISE AND EVOLUTION OF STAND YOUR GROUND LAWS A. Stand your ground laws with English common law origin held a duty to retreat, meaning that you have a duty to retreat in the face of an attack. A well-known philosopher, Jean-Jacques Rousseau, stated, "Man was born free, and everywhere he is in chains.". A study found that stand-your-ground laws in Florida were associated with a 31.6% increase in firearm-related homicides. Stand Your Ground Laws are Part of America. Stand Your Ground. 1. If not, then the case proceeds toward trial and "stand-your-ground" cannot be used as a defense. In many states to prove self defense they must prove they tried to retreat from the attacker. See Keitha Nelson, 'Standing Our Ground Week' Begins in Jacksonville, FIRST COAST NEWS (July 25, 2014, 11:38 PM), www . Texas Penal Code, Chapter 9, Subchapter C. Some of the provisions within this subchapter, "Protection of Persons," are often referred to as the "stand your ground" laws. Stand your ground laws authorize the use of deadly force to protect yourself or others from threats of force or bodily injury without being required to try to escape. In 2012, in response to the Martin case, the Tampa Bay Times created a report detailing cases involving Stand Your Ground Laws. In the 1980s, a handful of state laws . "Stand Your Ground", "Line in the Sand" or "No Duty to Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. This is an opinion column. If Florida lawmakers amend their now controversial "stand your ground law," there's a clear alternative they should consider - the so-called . Suggest a Correction . Pros and/or Cons of Stand Your Ground Law Pages: 3 (605 words) Ptlls L3 - Q4 - Explain the Ways in Which You Would Establish Ground Rules with Your Learners, Which Underpin Appropriate Behaviour and Respect for Others Pages: 2 (305 words) You can also use protective force in public where you have a right to be by law. Stand Your Ground allows people to protect themselves without the fear of being prosecuted for their actions. The goal of this paper is to show cons and pros of Stand Your Ground laws. At their core what they say is that you have "no duty to retreat". List of the Pros of Trump Care. This study used national data to examine the impact that race and stand your ground laws have on justifiable homicide rulings. Castle Laws generally include: the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount of force . 6 Rosanna Smart et al., "Stand-Your-Ground Laws," in The Science of Gun Policy: A Critical Synthesis of . Castle Laws are laws that address the use of force when defending one's self inside their home, or on their property. The article Holiday Travel: The Pros and Cons of Booking Now originally appeared on NerdWallet. Despite laws like Florida's having been around for a quarter-century, we have little research on whether "stand your ground" laws actually prevent criminal violence as proponents suggest . The enactment of Florida's "Stand Your Ground" law in 2005 did not create a new type of affirmative defense with regard to the use of deadly force. 67:827 clear commands,13 but he shot and killed two men because he did not want them to get away with stolen goods.14 Traditional self-defense law holds that defense of property does not justify the use of deadly force.15 Horn might have tried to argue that he was entitled to use . The goal of this paper is to show cons and pros of Stand Your Ground laws. On July 21, 2014 Marissa was denied the use to use Stand Your Ground as part of her hearing. Dana Hall McCain: Texas abortion law pros and cons. Although the stand your ground law is used to stop violence its use results in uneccessary deaths therefore O.C.G.A should be revised.the whole u.s was shocked when george zimmerman was founf innocent of killing 17 year old trayvon martin.it was thought of as a easy case for zimmerman since he had no strong opposing testimony.he also used the stand your ground law to prevent jail time.ever . Florida passed the first such law in 2005. On the other hand, others have tried to remove "stand your ground" from the books to return New Hampshire to being a "castle doctrine" state. Close to two dozen states have some form of "Stand Your Ground" law on the books. The controversy continued in 2014 with such nationally promoted events as "Stand Your Ground Week" in Florida. Words: 636 - Pages: 3 "The self-defense law known as 'stand your ground' has been invoked in at least 93 cases with 65 deaths, a St. Petersburg Times review found.

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