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What is the stand your ground rule
Analysis of stand your ground law
Analysis of stand your ground law
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The Stand Your Ground LAW America is a nation of predators. When males young and old are hunted, attacked, and slain without being verified as guilty. Would I be incorrect to say that this country was founded on freedom and justice for all citizens? The stand your ground law has emerged in this country to give wanted protection to its people. This is what the people were permitted to believe. As the truth hit close to home we realize that something is not right with this laws. As we witch the scenes unfold the African Americans are the race that is being targeted by the abuse of the stand your ground law. Those that stand in a position to abuse this law is the shooters, usually a police, security guard, or neighborhood watch officer. Others that allow the abuse of this law are judges, and juries. This law can also be abuse by insufficient education of the stand your ground law towards the police, security guard, neighborhood, watch officer, judges, and juries. There are several effects on the stand your ground law. …show more content…
Know facts about 'stand your ground' laws before facing decision, legal experts say. (2013)“Critics of "stand your ground" laws, which exist in 22 states, are creating pressure to revisit legislation. Those who argue against the effectiveness of the laws say they create more conflict, violence and use of deadly force, Carlson said. Still, supporters of the "stand your ground" laws say they deter crime and permit a person to avoid being robbed, mugged or assaulted, he said. ”Carlson said that there will be strong efforts in Georgia to reconsider the legislation, which was enacted in 2006 but that the majority opinion of the state Legislature will likely be not to change the
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are liberties that were afforded to suspected criminals in the Miranda Vs Arizona. However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins.
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
Shooting innocents just by the way they dress or walking it’s a disgrace in our country. In the case of Trayvon Martin he was shoot on February 26, 2012 just because he was wearing a hoody and he was black. George Zimmerman the man that killed him said that he acted in self-defends. What would a 17 year old have done that Zimmerman acted in self-defends? I disagree George Zimmerman acted in self-defense and I feel there is something wrong with the stand your ground law. He already had previous problems with his ex wives and ex girlfriends.
Zimmerman was asked by a dispatcher to stop pursuing Treyvon Martin. The “Stand Your Ground”
In recent years American citizens have increasingly felt the need to protect themselves. This has led to laws being established in many states widely known as stand your ground laws. These laws allow citizens to take action if they feel their life is threatened or they are in potential harm, instead of retreating. Without doubt this has led to much controversy with individuals taking strong stances on both sides of the issue. Some feel it’s a necessity, while others take the opinion that it is unethical and needs to be repealed across all states. With many high profile cases such as the Treyvon Martin case, these laws have come under a lot of fire and scrutiny. Cynthia Tucker who is an African American visiting professor at the University of Georgia, experienced journalist and 2007 Pulitzer prize winner, has established her side of the issue in her article ‘Stand your Ground’ Laws Encourage Vigilantes. In her article Cynthia Tucker strongly takes the stance that Stand your ground laws should be repealed and lead gun totting vigilantes to spread bigotry and racial hate. The author of this article ineffectively demonstrates how ‘stand your ground’ laws have encouraged vigilantism due to her lack of evidence, biased opinions on the matter, and her poor claims related to the topic.
Being famously known in the state of Florida, the Stand Your Ground Laws has caused major uproar in the past years. The Stand Your Ground Laws has let many guilty people get out of going to jail. If people are innocent of the crime they are charged with they should be able to defend themselves and prove their innocence.
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. This entitlement is present today, however it is not directly addressed in the United States Constitution, but rather in the individual state constitutions and legislations. The right exists in a variety of laws and active bills within several states, referred to as justifiable force measures commonly known as Stand Your Ground (SYG) laws, which are adaptations of other self-defense laws such as the Castle Doctrine and Duty to Retreat. For example, Arizona State Legislature 13-405 explains that
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...
The justice system is in place in America to protect its citizens, however in the case of blacks and some other minorities there are some practices that promote unfairness or wrongful doing towards these groups. Racial profiling is amongst these practices. In cases such as drug trafficking and other criminal acts, minorities have been picked out as the main culprits based off of skin color. In the article “Counterpoint: The Case Against Profiling” it recognizes racial profiling as a problem in America and states, “[In order to maintain national security] law-enforcement officers have detained members of minority groups in vehicles more than whites”…. “these officers assume that minorities commit more drug offenses, which is not the case” (Fauchon). In relationship to law enforcement there has also been many cases of police brutality leaving young blacks brutally injured, and even dead in recent years, cases such as Michael Brown, Dontre Hamilton, Eric Garner, Tamir Rice, and Freddy Gray just to name a few. Many of these young men were unarmed, and the police involved had no good justification for such excess force. They were seen as threats primarily because of their skin color. Despite the fact this nation is trying to attain security, inversely they are weakening bonds between many of its
For example, in Jacksonville, Florida, Jordan Davis, another unarmed teenager was killed by Michael Dunn. Davis and other teenagers were riding in a SUV with music blasting from the vehicle, when Dunn pulled up alongside of them and asked them to turn the music down . Words was exchanging between the two parties, and Dunn fired 8 to 9 shots into the SUV where he fatally shot Davis. Dunn was arrested and charged with first degree murder. Dunn claimed he fired in self-defense and invoked the “Stand Your Ground law” as his defense. ...
Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
The most effective way to achieve something in our world also happens to be the most difficult to do. The two most effective methods of achieving something is taking or winning. Taking a stand is the most courageous act a person can do because often times they are going against the common belief of the people around them. All great leaders have one thing in common and that is that they are brave enough to take a stand. Taking a stand is more important and has a bigger effect on the world than winning does.
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.