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Laura Brubaker This Land May Be Your Land and My Land but I'll Shoot You If You're on Mine! Individual Policy Report 1: Stand Your Ground I. Introduction Current Texas law states that citizens are not legally liable to using deadly force against an intruder in a place they have a reasonable right to be (i.e. home, vehicle, place of employment). (Texas Penal Code 9.31, 2007) This law only applies if the citizen is not committing a crime themselves, they did not provoke the attacker and they had reason to believe they were in danger of becoming a crime victim. (Texas Penal Code 9.31, 2007) II. Rationale and Intent for Texas’ Policy The purpose of this law is to protect an individual from crime by removing the ambiguity or fear that they …show more content…
Mr. Rodriguez called 911 to report loud music from his neighbor’s house. He then walked to his neighbor’s house with his firearm and a video camera. After the confrontation with his neighbor, he called law enforcement once more to tell them he felt threatened and that he was standing his ground. While Paul Rodriguez waited for law enforcement to arrive at the scene, he used deadly force against Kelly Danaher. In this case, Mr. Rodriguez initiated the confrontation and there was no proven evidence that he was in danger (Flatow, …show more content…
Bill Analysis Retrieved September 21, 2016, from http://www.hro.house.state.tx.us/pdf/ba80r/sb0378.pdf#navpanes=0 Vedantum, E, & Schultz, D. (2013) ‘Stand Your Ground' Linked To Increase In Homicides Retrieved September 21, 2016, from http://www.npr.org/2013/01/02/167984117/-stand-your-ground-linked-to-increase-in-homicide Stand Your Ground Laws - FindLaw. (2016). Retrieved September 21, 2016, from http://criminal.findlaw.com/criminal-law-basics/stand-your-ground-laws.html Currier, C. (2012, March 22). The 24 States That Have Sweeping Self-Defense Laws Just Like Florida’s. Retrieved September 21, 2016, from https://www.propublica.org/article/the-23-states-that-have-sweeping-self-defense-laws-just-like-floridas Michels, P. (2012, May 8). Joe Horn and Five Years with the Texas Castle Doctrine. Retrieved February 9, 2017, from https://www.texasobserver.org/joe-horn-and-castle-doctrine-shootings-in-texas/ Flatow. N. (2014, December 22) Court Grants New Trial to Man Who Said ‘I Am Standing My Ground’ as He Shot Neighbor over Loud Music. Retrieved February 15, 2017, from
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
Happening in today’s society, there have been countless number of citizens being killed by law enforcement. Some situations may not cause for force and others may. This case can be a reference in regards to making sure that the force you use is appropriate for the situation. As for the justice system, it is all about being fair and listening to both sides and issuing out the right punishment if there is any. Many people in today’s time needs to get educated when it comes to the reason behind why law enforcement uses force to handle the situations they have to deal with. But in the end it all comes down to right and
believe the land is for all, but the land you may call your own is where you go home after a day
Jacobs, David, Jason T. Carmichael, and Stephanie Kent. 2005. “Vigilantism, Current Racial Threat and Death Sentences.” American Sociological Review 70: 656-677.
The case involved a line of duty shooting that took place between Illinois Officer Mary Redmond and suspect Ricky Allen, whom Redmond fatally wounded, and revolved around the family’s excessive force complaint, which they filed on the grounds that the witness testimony differed from Redmond’s account. [1]
Under federal law if a suspect poses a threat to a law enforcement officer or the public the officer has permission to use deadly force. The Supreme Court says there are two factors that are involved to use deadly force, dangerousness and necessity (Hall, 2004). An example of dangerousness is a suspect threatening an officer with a weapon. Necessity on the other hand is hard to prove and there has been legal issues surrounding the necessity of deadly force.
Villa, Judi. "Incidents Put Police Brutality in Spotlight." Rocky Mountain News. N.p., 2 Feb. 2009. Web. 14 Mar. 2014.
...vidge, A. (2013). Hundreds rally statewide against police brutality in wake of Lopez death. Available at: http://www.ktvu.com/news/news/local-govt-politics/hundreds-rally-statewide-against-police-brutality-/nbnmT/
Brady law backers have focused almost exclusively on the value of background checks, the one part of the law that the Supreme Court specifically struck down. Yet there never was much controversy over this issue: When Congress debated the law, no one, not even the National Rifle Assn., opposed background checks. The dispute was over a five-day waiting period versus an "instant check." Ultimately, the success of background checks and waiting periods must be judged by their impact on crime. To seriously evaluate their impacts, however, one must recognize that other legal changes also occurred.
The following are the states that ranked as having the strongest gun control laws. It is evident that these states with the str...
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.
There are many ethical violations that can occur when excessive force occurs some of them are unnecessary injuries or death, abuse of authority or entitlement, lack of integrity, and corruption. There are many cases in which the police must use excessive or some kind of force to control a situation and protect citizens but only a small fraction of all police encounters each year involves force (Alpert, 2010). Depending on what kind of equipment was used by the police to control the situation the injury can vary, some of the equipment that the police uses to control a situation in addition to their handgun are pepper spray, batons, or conducted energy devices (Alpert, 2010). An abuse of authority ethical violation from a police officer can be a serious nightmare for a police department because these incidents usually receive a lot of media coverage and can damage the reputation
Holmes, Kristin E.. "Student Research Center." Self-Defense With No Excuses. Philadelphia Inquirer, The (PA), 17 July 2013. Web. 7 Apr 2014.
My first year of junior high, (in our school that was seventh grade) I was not spending all my time trying to be popular like all the other people in my grade. I was just being me how I always had been. One day at I was sitting at the lunch table with a bunch of people I would hang around with sometimes. Some of them were talking about there weekends.
I am a pacifist; I do not believe in nor promote violence. I do, however, promote peaceful protest. The act of civil disobedience, of protesting something that is unjust, unconstitutional is well within our constitutional rights. The right to criticize our government is one that was given, that was fought for by our founding fathers. It is an act that affects our society in a very positive way; peaceful resistance encourages others to criticize a cruel and unfair government. Peaceful protests, strikes, and boycotts have the opportunity to gain the government's attention, to try and stop these so-called "anarchists". When we look back at Dr. Martin Luther King Jr., we see a hero. We see someone who is intelligent, who is not afraid to argue,