The stand your ground law states that it is a form of self-defense that gives people the ability to use deadly force to defend themselves. This is not the main issue with people who disregard the stand your ground law. Peoples distaste for the law stems from how the stand your ground law is used. What I mean by this is that some states have different meanings and interpretations of how the stand your ground law can/is used. The rulings that have rooted the stand your ground law in the United States currently allows forty six states in America to use this as a reasonable defense. (Shapiro,2013) So, where did this all start from? Over a hundred years ago in Indiana Runyon vs State took place. It stated that the way that the American people think does not allow for them to follow a rule which tells them to retreat, but the person being assaulted or threatened cannot be at fault if they are in the right spot at the right time. Thus, allowing him to defend himself using force which in turn lets him exercise his right to self-defense. The reason that the laws of retreat were enacted dates back to the old British law when the deadly weapons used were swords, this was because swords would allow the defense to retreat lessening the amount of blood spilled during the altercation. British law reflects a “deference to the constabulary,” by which the King owed a duty of protection to his subjects. That’s obviously not part of our tradition.(Shapiro, 2013) Despite what gun prohibitionists claim, the no-retreat rule has deep roots in American law. At the Supreme Court, SYG dates to the unanimous 1895 case of Beard v. United States, in which Justice John Harlan affirmed the right to armed self-defense. (Weaver,2008) It is hard to talk about... ... middle of paper ... ...oper ability to defend yourself, victims will always be on the receiving end of these crimes. Conclusion In conclusion, I have shown that while the stand your ground law might not be perfect, there is still a lot of good things that come from it. My only suggestion to take into account when making a law like this is the people's ability to make the decision for themselves without any prior training or knowledge on how force can and should be used in these cases. Our society is always developing and changing, hopefully for the better, but with these changes and new laws will come mistakes and learning. I hope I have convinced you to adopt the stand your ground law on the basis that yes people do not have to retreat as long as they are not doing anything unlawful, but at the same time they are trained in making these decisions or at least held to the same standard.
States that have stand-your ground laws remove a common law requirement to retreat if a person is able to do so before using reasonable force outside of one’s home (Randall and DeBoer). This allows individuals in states with these laws to use force in self-defense when there is a reasonable belief of a threat (Randall and DeBoer). Under certain circumstances, such as a threat of imminent serious bodily harm or death, deadly force is considered reasonable under stand your ground laws (Randall and DeBoer). In Florida the stand-your ground law states “a person has the right to stand his or her ground if he or she (1) reasonably believes it is necessary to d...
Zimmerman was asked by a dispatcher to stop pursuing Treyvon Martin. The “Stand Your Ground”
The article ‘Stand your Ground’ Laws Encourage Vigilantes is a short opinionated piece written by Cynthia Tucker. It covers the topic of self-defense laws more commonly known as stand your ground laws and how she feels they help spread racism towards black citizens, and why they should be repealed. To get her point across to the reader she uses examples of a few high profile cases that demonstrates her opinion. The article also states information about the ...
Stand-your-ground law is a type of self-defense law that allow an individual to use deadly force if he/she felt that their life is in grave danger. The Controversy behind Stand-your-ground law is often criticized for encouraging violence. Critics claim that the laws lead to a "shoot first, ask questions later" attitude that results in more injuries and deaths than would occur without the law. Stand-your-ground law was passed by the former Florida governor Jeb Bush in 2005. Afterward, many other states have followed mostly the Republican States. The laws expand on the "Castle doctrine," which says that a person is protected under the law to use deadly force in self-defense when his or her property or home is being invaded.
The police forces in every community are deemed law enforcement officers and have to take necessary precautions in executing their job. Individuals that police officers encounter may at any time threaten the security of the officer or others. Police officers have to follow procedures that are necessary to maintain control of situations that can cause harm to others or property. The three topics that will be discussed in police use of force are; the explanation and background of use of force, limitations of use of force, and disputed court cases dealing with police use of force.
Thurston’s statement suggests that having self-defense laws work more effectively when law enforcement officers can decipher what caused the situation at hand to escalate to a violent level. More support from an argument similar to Thurston’s can be found in the article, “Sometimes There’s No Choice but to ‘Stand Your Ground’ by Executive Director of Gun Owners of America Larry Pratt. Throughout Pratt’s article, Pratt discusses the stand-your-ground law and how he believes having self-defense laws are critical to our government. “The SYG laws are an important tool in protecting the right of self-defense. Asking a potential victim to flee could expose his or her back to an assailant. And that could be very dangerous. Victims should be able to defend themselves before they have run out of options” (Pratt). Pratt’s example reminds us how important stand-your-ground laws ...
The “Stand Your Ground” law was first adopted in the state of florida in 2005. This law did not gain national attention until the shooting death of unarmed teenager, Trayvon Martin, in Sanford, florida, where the shooter, George Zimmerman used the “Stand Your Ground” law as his basis for defending himself against Trayvon Martin to the Sanford Police Department. However, George Zimmerman’s legal defense team did not utilize the law to argue his innocence during his trial. But the damage had been done because soon after other cases in florida began to sprout up with “Stand Your Ground” as the driving force.
Police have the duty and responsibility to enforce the laws and ordinances within their jurisdiction, maintain order, and assist those within the community. Police officers protect property and lives (Duties & Responsibilities of Police Officers, 1975). In the course of duty, a police officer may use force when necessary. The International Association of Chiefs of Police has defined force as “that amount of effort required by police to compel compliance from an unwilling subject” (Police Use of Force in America 2001, 2001). The use of force is accepted as part of police work and is allowed until the force becomes excessive. Excessive force is defined as “the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject” (Police Use of Force in America 2001, 2001). The use of excessive force may become a criminal act committed by a police officer. Police use of force is divided between non-lethal and lethal force. Non-lethal force is most commonly used by police officers, but lethal force may be necessary and acceptable to the situation. Non-lethal force includes physical force such as an officer placing a hand on an individual to show a position of authority and control, stun guns, batons, and bean-bag shots. Lethal force is most commonly the use of a firearm. The amount of force necessary is unique to each situation, may change as a situation evolves, and often depends on the experience level of the officer.
The situation in which a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect 's outer garments to determine if the person is carrying a concealed weapon.One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person. A stop is different from an arrest. An arrest is a lengthy process in which the suspect is taken to the police station and booked, whereas a stop involves only a temporary interference with a person 's liberty. If the officer uncovers further evidence during the
Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.
These are only three of the "victimless crimes" that have been postulated by people such as J. S. Mill. While he may have had strong urges for social liberty, he never understood the fact that there is no such thing as a victimless crime. All crimes have a victim, and no amount of philosophy or political theory can change that.
From the origins of criminal victimization, we begin with blaming the offended. (Silverii). Still what is more baffling is to question whether or not it is one's duty to make sure victims won't be victimized again or if victims of a crime that are unreported should even be considered victims. There are three main issues that are provided through victimology and these are context, connections, and investigative direction (Turvey). Most victims are not just victims they're perceived by a criminal as an ideal victim. An ‘ideal victim’ is someone who has played no part in their victimization by an offender who was solely responsible for the incident. In the early 1970s, research by the National Opinion Research Center and the President's Commission on Law Enforcement, and the Administration of Justice indicated that many crimes were not reported to police. A lot of times victims are not prepared for the insensitive and unpleasant treatment they may incur from the police, hospitals, and judicial system. In response, the U.S. Census Bureau began conducting the annual National Crime Victimization Survey in 1973. The survey provides the largest national forum for victims to describe the impact of crime and characteristics of violent offenders. The data includes type of crime, month, time, and location of the crime; relationship between victim and offender; characteristics of the offender; self-protective actions taken by the victim during the incident and results of those actions; consequences of the victimization; type of property lost; whether the crime was reported to the police and reasons for reporting or not reporting; and offender use of weapons, drugs, and alcohol.
Police officers primary responsibility is to protect and serve citizens and communities, not to abuse the laws by hurting innocent people. In most states Stand-Your-Ground laws allows innocent citizens the right to use deadly force to defend and protect themselves. But what if they were protecting themselves from police brutality. Police brutality has been going on for many years; they can cause riots, injuries, and even mistrust for the police.
as distinct advantages of the. These things should be in ones self-interest, society says. If someone says, rapes another person, they are not acting in their own self interest. They run the risk of feeling guilty, guilt is not conducive to happiness. They run the risk of being thrown into jail.
...lity that the victim may actually be partly to blame for the crime that was committed against them. Therefore it is often the environment that the criminal lives in, and the people that around them that influence them into committing a criminal act.