Self-Defense?

825 Words2 Pages

According to the dictionary, self defense is defined as a countermeasure that involves defending oneself, one’s property or the well being of another from harm. Since childhood parents have instilled this dogma onto their children just as it was instilled onto them. In the past decade the self-defense doctrine has morphed into what is now known as the Stand Your Ground Law. The law essentially permits anyone feeling threatened in a confrontation to shoot his or her way out. Stand Your Ground was navigated through the Florida’s state Legislature with help from then-state Rep. Marco Rubio and signed into law by Bush on April 26, 2005. The law has rapidly spread and it now exists in various forms in twenty-five states (Weinstein). As popular and straightforward as this law may seem it should be repealed. The law contains various questionable and unethical conditions such as clarifications of the various provisions of the law, distinguishing a clear definition of self-defense, and the disproportionate effects on minorities support it being repealed.
There is a clear need for clarifications of the various provisions of the law. The exact outline of what constitutes as provocation varies by jurisdiction. Courts should apply a reasonableness standard to questions of provocation in self-defense cases. There are three confusing and contradictory standards currently in place for determining provocation exceptions in jurisdictions across the country: Any Provocation, Straight Provocation and Provocation with intent. These different frames are not mutually exclusive and the behavior that falls within one frame may also fall within another. Each frame falls short of providing an optimal rule for determining questions of provocation in self-...

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