Self-defense is the right for an individual to use necessary force in order to defend oneself against an unlawful force of another. Therefore, an act that is typically depicted as a crime is not punishable under these circumstances. Joycelyn M. Pollock (2013) pointed out that, “the right to protect oneself, one’s family, and one’s “castle” is a time-honored right that existed before the common law and was recognized by it” (P.101). Under common law, a criminal charge depended upon a showing that the defendant believed force was necessary in order for self protection, upon reasonable grounds, the threat was forthcoming, and the force was not excessively used (Pollock, 2013, 102). Today, self-defense elements are different in each state. Nevertheless, the basic elements of self-defense is the fear of physical harm, reasonableness of fear, imminent danger, the amount of force used, “clean hands”, duty to retreat, and defense of property (Pollock, 2013, P.102). The duty to retreat established most U.S. self-defense laws. Some courts have stated that the possibility of retreat is major factor in the verdict of a case. Therefore, the duty to retreat determines whether a defendant used necessary or excess force. On the other hand, Justice John M. Harlan stated in an early case that “he was not obligated to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground and meet attack upon him with a deadly weapon” (Pollock, 2013, 105). Therefore, various courts and legislators have decided that the duty to retreat is not necessary and have passed various self-defense laws that contradict this element. The Castle Doctrine is an exception to the notion of retreating before exhibiting lethal force. Even, t... ... middle of paper ... ...(101-107th ed.). Waltham, MA: Anderson. Preemptive self-defense. (2012). Christian Century, 129(8), 7. Stand your ground law, Trayvon Martin and a shocking legacy Defendant George Zimmerman and victim Trayvon Martin | Tampa Bay Times. (n.d.). Retrieved from http://www.tampabay.com/stand-your-ground-law/cases/case_139 WASHINGTON: Fact-check: Do 'stand your ground' laws increase violence? | Washington | McClatchy DC. (n.d.). Retrieved from http://www.mcclatchydc.com/2013/07/17/196940/no-firm-ground-on-whether- stand.html Weaver, Z. L. (2008). Florida's “Stand Your Ground” Law: The Actual Effects and the Need for Clarification. University Of Miami Law Review, 63(1), 395-430. The Daily Tar Heel: Viewpoints: Guns for self-defense increase safety. (n.d.). Retrieved from http://www.dailytarheel.com/index.php/article/2011/03/guns_for_selfdefense_incr ese_safety
"Being Prepared in Suburbia" is an essay by Roger Verhulst published in 1992. The purpose of this essay is to show how guns can change a person's mind and emotions. Throughout the essay, Verhulst shares personal examples of his beliefs of gun ownership and personal examples of how his life changed once he bought a Crossman Power Master 760 BB Repeater pump gun. After purchasing the gun, he believed that the reason people like guns so much is because of a passion that gun owners feel. He stated, "This is the feeling that explains their passion, their religious fervor, their refusal to yield. It's rooted in the gut, not in the head" (Verhulst 342). He also realized that personal thoughts and morals about gun ownership change for a gun owner, and, in a sense, how the gun has authority over an individual's life. For example, "But a roving opossum that took up residence in our garage for a few cold nights in January undermined my good intentions" (Verhulst 341). Honestly, those are only excuses and not legitimate reasons. A strong person would not go against his or her beliefs and would know that using a gun should only be for a specific and valid purpose. Throughout the essay, he believes the weak gun legislation and the problems with gun usage are because of a passion that you feel in your gut; in reality, it is a lack of self-control.
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...
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. ...
Self-defense is not something that should be taken lightly. Its dictionary definition is, “the act of defending one's person when physically
The Castle Doctrine is a law that gives citizens the right to protect their homes and other property by any means necessary---often resulting in the use of deadly force. The Castle Doctrine is different in all the states and is not federally mandated, which is one of the biggest issues with the law. Governor of Ohio:
Walzer includes self-defense in the just cause section of jus ad bellum. Walzer holds that states have the right of self-defense by making an analogy to individual rights. He contends that individuals have the right to self-defense. From this he infers that states also have that right of self-defense. Walzer's inference is based on the logic that the state is a collection of individuals. He reasons that individuals cannot defend against an invading army, the military is a tool that the state uses to defend itself and it's way of life. The right of self-defense for states also is justified by the premise that it is the duty of the government to protect the people. John Locke'...
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 use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if defender has reason to believe He/She/is/are in danger. Self-defense is a common defense by a person accused of assault battery
The four criminal law elements of self-defense are nonaggressor, necessity, proportionality, and reasonable belief. Nonaggressor is when the defender did not in any way provoke or stray an attack. When it comes to self-defense it is only available when it comes to unprovoked attacks. If one provokes someone they cannot use self-defense to defend themselves from the attack because they provoked it. However there is one exception and that is the withdrawal exception. The withdrawal exception is when the initial aggressor withdrawals completely from the attack they provoked they can defend themselves against their initial victims. An example of nonaggressor self-defense is Melody hanging out at the bar by herself and Samantha comes up to her trying
Nelson Lund, JD, PhD, Professor at George Mason University School of Law once stated, "The right to self-defense and to the means of defending oneself is a basic natural right that grows out of the right to life …. many [gun control laws] interfere with the ability of law-abiding citizens to defend themselves against violent criminals”. When we 're born, we are born with the right of life, and with the right of life came the right to self protection. There has been many laws that contradict the right of life just as the right of self protection. Justice Stevens once stated that “The Second Amendment’s structure was notable for its omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense”. Justice steven noted that the second right amendment covers us from self defence and hunting. Self defence is a really big topic because of the fact that most people die on the hands of others because they have nothing to defend themselves with. A report from New York Times once said that Wayne Lapierre, N.R.A executive vice president once stated that “The only only thing that stops a bad guy with a gun, is a good guy with a gun”. Reports were found that in Newtown connecticut in a public school, none of the school employees were armed and they had no defence when it came down to a school shooting. People were harmed and
“I should perhaps stop to say explicitly that I am not claiming that people have a right to do anything whatever to save their lives. I think, rather, that there are drastic limits to the right of self-defense.” (p. 213) Thompson defends her argument on the basis of self-defense claiming that a person has the right to protect their own life and, though it may be regrettable, if
“Their best defense against injury is to put no defense and give them what they want” (Kates). Critics may argue that concealed handguns are not an effective form of self defense. To the contrary, robbery and assault victims who used a gun were less likely to be attacked or suffer injury, “Neither a martial art skills nor chemical sprays provide a real option for victims faced by attackers who are stronger or armed” (Kates). People feel safer when they carry a concealed weapon because they feel that criminals will avoid attacking them. Citizens want to conceal carry a handgun because every day there are dangerous individuals who prey on the weak. In addition to that, concealed handguns are an effective non-lethal form of self defense a majority of the time. Gary Kleck from the Federal Bureau of Investigation “estimated that, 2 million to 2.5 million victims annually use handguns to repel criminal attackers” (Kates). The surprise of being armed is the advantage for the victim, which the victim has the disadvantage of knowing the time and place of being attacked. Concealed carry actually provides protection to citizens that do not carry because the criminals are not sure who is able to defend themsel...
In light of the above, Tupac Shakur defense of self-defense is deemed null and void for the reasons that his actions were deliberated and premeditated beforehand, he used more force than was necessary and took the lives of two promising young
Stand-your-ground laws state that an individual has no duty to retreat from any place they have lawful right to be, and may use any level of force, including lethal, if they reasonably believe they face an imminent and immediate threat of serious bodily harm or death. This laws are an extension of the“Castle Doctrine,” an established legal principle 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. More than 30 states in the U.S. have adopted some form of “Castle doctrine” or “stand your ground” laws on their books.
The previous state law, if someone unlawfully enters your home or attempts a car-jacking, you are required to first retreat instead of immediately fighting to protect yourself. The trouble is on the home owner to define that an intruder intends to do them bodily harm before the home owner can use appropriate force against them (InfoKwik). Having a gun for personal protection is a constitutional right. When facing an armed criminal an armed citizen levels the playing field. When you are in your own home and someone is breaking in and you see them armed or unarmed, they have no right to be in your home anyway. The castle doctrine, in this ca...