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Stand your ground law essay
Stand your ground law is unjust
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The 2005 “Stand-Your-Ground” law
Florida Statute 776.013(3), which took effect five years ago. The old law gave you the right to protect yourself with deadly force inside your home. The 2005 law gives you the right to protect yourself in a park, outside a Chili's, on a highway — just about anywhere. What about the fourth amendment and the Tennessee V. Gardner law.
In regards to TENNESSEE V. GARNER the law that arose resulting decisions that people who promised to embrace and decree the laws of the land. Moves us to place of where we are today. Nevertheless they became abusers of power while performing there lawmen duties. Again the questions arises based on decisions that being made in the present-day. The abuse of power is nothing new.
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Use of force comes with limitation and liability. So an officer who uses force in excess of that allowed by law or who uses force in a situation where it is not permitted by law may be liable for damages to the person against whom is used and may be subject to criminal prosecution. The law distinguishes between deadly force and non-deadly force is any other physical force. Which means force is likely to cause death. Zimmerman and Reeves should have used non-deadly force such Interpersonal communication, until officers arrived. Captain Reeves who one will think should have better discipline based on experience and leadership of a department. In both cases if the IPC rule was used we would be dealing or discussing this issue on stand your own ground. Justification of deadly force would not even be a topic here. If Zimmerman who was the Captain of his Neighborhood watch force would have had polices and guild line in place. The Stand-Your-Ground would have been a little different in this case. One guile line should have been the TENNESSEE V. GARNER. It states “Most jurisdictions considered police use of deadly force for all felonies to be legitimate until the Supreme Court decided Tennessee v. Gamer. In that case. Garner brought a wrongful death action under the federal civil rights statute against a police officer and his respective department for the fatal shooting of Garner's son as he fled the scene of a burglary. Garner's son was unarmed at the time of the shooting. Justice White wrote for the majority, in a monumental decision: "We conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or
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...
Although, there might be other significant legal issues surrounding the cases, I would like to describe the Scottsboro cases mainly focusing on the issues of effective counsel based on Carter’s (1979) book and U.S. Supreme Court’s rulings on Powell v. Alabama. Prior to pointing out the rulings on the right to effective counsel which ultimately reversed the case, the lower courts’ decisions and related circumstances need to be discussed briefly in order to comprehend the rationale of the nine justices’ opinions.
The case came to the Supreme Court as the infamous Federal versus State battle for power. Once again the question plagued Marshall whether to support Federalism, or keep States’ rights alive.
According to the newspaper the Chicago Tribune there has been 876 homicides since the beginning of January 2014. Making shootings like the one of Laquan McDonald seem irrelevant. The only reason I was able to become aware of this shooting was because the procedures and policies that were being implemented by the police department and city of Chicago were not right. This led a reporter named Brandon Smith who wanted to know the reason why a teen with a knife was gunned down with 16 shots by a police officer who was not alone in this fight. The reporter sued the police department demanding them to release the video of the police cruiser that caught the whole incident on tape. In the video, it shows Laquan walking in the middle of the road, when several police cruisers pull in front of him. As soon as Laquan notices the police officers getting off, he starts moving away from the police cruisers. This is when police officer Van Dyke unloads his weapon and hitting Laquan with 16 shots leaving him for dead on the road. According to the Rules of Conduct by the Chicago PD, found online at the website chiacagopolice.org, it states under Rule 11 “Incompetency or inefficiency in the performance of duty”. This is a rule that should well known to every officer not only in Chicago and it was not followed by officer Van Dyke because the video clearly shows him
Ford v. Wainwright is historically important for the reason that it shows the concept the insane can really be executed, also that although there are rules and regulations they can be broken by people without any sort of power or people with more power than others. Although things are set for everyone to follow some people break those to break other people down. The amendments ar...
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
The Supreme Court was known for some of the most notorious decisions made in history, many in which included the cases, Marbury v. Madison, Scott v. Sandford, and United States v. Cruikshank. Despite these cases, the court did turn around and change their perspective and helped minorities achieve their civil rights. In 1915, the case of Guinn and Beal v. United States helped African Americans reassure their right to vote. In this case the Supreme Court considered the grandfather clause to be unconstitutional. The grandfather clause was a mechanism t...
As of late, self-defense has been a very controversial topic thanks to the trial and acquittal of George Zimmerman in the murder of Trayvon Martin. This case gave American’s the cause to question Stand Your Ground Laws, the President of the United States Barak Obama even showed his concern for our nation. Many people felt that Zimmerman was acquitted due to a racial bias, but in accordance with Stand Your Ground laws and other self-defense statutes it is clear that this is not a racial issue. George Zimmerman is a 33-year-oldHispanic man running a neighborhood watch in his affluent gated community in Sanford, Florida. On the evening of February 26, 2012 Trayvon Martin, a 17-year-old
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.
However, if the officer is in immediate threat, he has the right to use deadly force to protect themselves from being the victim. “The Court held that the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and that the Tennessee statute was unconstitutional in so far as it authorized the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances” (Gross,2016). Nonetheless, it also depends on the seriousness of the crime as to how excessive the force may be to control the civilian actively resisting apprehension. Conversely, “what Graham did was to set the tone for how officers should be trained to react in a given situation” (Doerner,2016). Therefore, there are variables set in place to control and monitor the law enforcement standards and training aspects
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
Imagine that your daughter is walking home from the store. A man in a black car starts following her. He gets out and begins to follow her by foot. You daughter begins to run in fear. The suspicious character begins running after her. She stops and decides to face her fear. She knees him and pepper sprays him. Seconds later, shots were fired leaving your daughter dead. She is the aggressor and he is justified for shooting her in “self-defense” under the stand your ground law. The stand-your-ground law is a law that states that an individual has the lawful right to use any level of forces, including lethal force, if they are faced in any situation where they feel harmed. The first “stand your ground” law was passed in April of 2005 in Florida.WHile the “Stand Your Ground” law can be used as self defense, it puts the lives of African American youth in danger by allowing people to take unfair advantage of the law: therefore, O.C.G.A 16-3-23.1 should be prohibited.
Did you know the second amendment states that you have a right to own and use arms for protection? Kentucky passed a law in 1813 that prohibits the carrying of concealed weapons. In May 1987, Florida passed a “shall-issue” law that became a model for other states. There are 11 states that have the “may-issue” law which allows permits. On July 8, 2011, Wisconsin became the 49th state to allow concealed carry.
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.