March 28, 2012, at 5:19 p.m. 'Stand Your Ground' Laws Protect the Innocent. Just from $13,9/Page. A reasonable belief is a belief formed in reliance upon reasonable appearances. Robert pulls out his gun and shoots the driver without trying to get out of the way. While in general these laws do not use such a notion as “stand your ground” specifically, Florida together with nine other states has these words in its law. Example: The driver of a car is trying to run Robert over. In theory, Florida’s controversial ‘Stand Your Ground’ law makes perfect sense. This is because of the claims made in self-defense, which encourages persons to use deadly force in defending themselves in case of dangerous attacks. Over the years, more states have enacted stand your ground laws. More than two dozen states now have some form of the law. However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. The Stand Your Ground Law Stand Your Ground Law One law I will forever remember is the “Stand Your Ground” law.This law has been around for some time now but many people including myself have only recently learned of this law, because of a very emotional case in Florida involving ,George Zimmerman” murdering a 17 year old unarmed boy named “Trayvon Martin.” It's important to understand that even states that have stand your ground laws still have certain restrictions when it comes to using force in self-defense. Introduction: ‘Stand Your Ground’ In a highly publicized move, the Florida Legislature enacted in 2005 what has been popularly known as the “Stand Your Ground” law. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. The Journal of the American Medical Association, in a study led by the University of Oxford, found that the removal of a duty to retreat when confronted with a perceived deadly threat created a … Stand Your Ground Law In The Early 1900's. Unlike Colorado’s “Make My Day” law, Stand Your Ground applies outside the home, as well. The law shifted the burden of proof in stand your ground pretrial immunity hearings from defendants to prosecutors. Florida became the principal “Stand Your Ground” state in 2005 and has been the model and leading innovator ever since. But the Stand Your Ground law can come into play in a number of ways. Traditionally, when a group of thugs use violence to accomplish their political agenda, they are labeled as “political terrorists” and arrested. The “Stand your ground” decree has quite a few consequences. North Carolina stand your ground law is addressed in NCGS § 14-51.2 and § … For instance the homicide rate continues to rise, there is no justice for the deceased, shooters stand justified, and often depart unpunished, and citizens are buying new guns. Florida’s controversial “stand your ground” law has been in the spotlight many times since its adoption in 2005. The “Stand Your Ground Law” basically allows you to use deadly force (to shoot someone) if you fear for your life or are afraid of serious bodily injury. Self-Defense Laws in Washington State. Pros and Cons of Stand Your Ground Law. More. Florida's stand your ground law allows defendants to raise self-defense in a pre-trial hearing, which is essentially a mini-trial at which the prosecution has to prove beyond a reasonable doubt that the defendant did not act in self defense. Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … First, law enforcement officers sometimes use the Stand Your Ground law as a basis for not charging the shooter to begin with. Utah is considered a gun-friendly state and was one of the first to pass a "Stand Your Ground"-style law more than 20 years ago. In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. This paper shall examine the complexities around the Stand Your Ground Law. These two terms are often used interchangeably though. This law, commonly called the ‘Stand Your Ground’ law, removes one's duty to retreat in a self-defense situation and also expands the places in which one can use deadly force when ‘standing one's ground’ (Catalfamo, 2007, Rice, 2013, Fla. Stat and 776.012,, Fla. Stat. Justifiable Homicide. If the defendant wins, a trial cannot proceed, and the defendant has immunity from civil suits as well. As of 2018, the following 27 states have stand your ground laws: Alabama; Alaska; Arizona; Florida; Georgia; Idaho; Indiana; Iowa; Kansas; Kentucky; Louisiana; Michigan; Mississippi; Missouri; Montana; Nevada; New Hampshire; North Carolina; Oklahoma; Pennsylvania; Repealing the Stand Your Ground law in Florida is the most obvious possible solution. Stand Your Ground Law Example — Trayvon Martin. All academic and Stand Your Ground Law Persuasive Essay business writing simply has to have absolutely perfect grammar, punctuation, spelling, formatting, and composition. Here are three critical stand your ground rules in Texas. A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) establishes a right by which a person may defend one's self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. And the expansion of stand-your-ground laws have appeared to worsen that disparity, a fact that I’m pretty sure would surprise exactly two of these three men. Aug 31, 2020. For example, a “Stand Your Ground” law may: Identify locations where a person may use deadly force under certain conditions, including dwellings, vehicles, businesses, and other public places where the person is legally present; For example, if the attacker tries to flee, the use of force is no longer justified. Self Defense and “Stand Your Ground”. The right to protect ourselves is among the most fundamental legal protections that we have. Texas has a “no duty to retreat” rule, but the words “stand your ground” don’t appear in Texas law. A Stand Your Ground Law is a law that allows citizens to protect themselves if they feel their lives are in danger, regardless of whether they could have safely exited the situation. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. Therefore, the law allows him to use lethal force against a person if he feels that person is an imminent threat to his safety. In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. and 776.031,). You have the right to use self-defense, when you feel like your life is on the line. It does not, however, make justification unnecessary. The Stand Your Ground law was designed to help people like Dillard make their self-defense claims quickly and - if the claims were valid - allow … The Stand Your Ground law is most widely associated with the Feb. 26 shooting death of Trayvon Martin, an unarmed 17-year-old killed in Florida by George Zimmerman, a … People who are simply defending themselves are made to look like the aggressor and put in jail. Texas Law. [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange … From the archives: 'Stand your ground' law protects those who go far beyond that point 1. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. For example, they may require that the threat of perceived harm is objectively reasonable and that the force used be proportional to the threat. Stand Your Ground States. The Stand Your Ground law states that if one is in a situation in which they feel threatened, they have the right to use deadly force, with regulations depending on your location. 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. For example, some states have "stand your ground" laws which provide individuals with more leniency when it comes to using deadly force. Impact of ‘stand your ground’ not proven. To compare those figures with the other 38 states, those communities that don’t have the Stand Your Ground laws saw a 5% drop, on average in the rates of justifiable homicide. Ohio’s castle law gives citizens legal right to self-defense. Get custom paper. At least 24 states have some form of a "stand your ground" law, with Florida's enacted in 2005 with the help of gun lobbyists. Hence, the law allows the individual to stand his or her ground in the event of a physical altercation. Stand Your Ground law alleviates or gets rid of just that last little bit—the duty to retreat. This law, as outlined in Sections 776.012, and 776.013, Florida Statutes, expands the scope of a self-defense claim traditionally available in a criminal case by: Stand Your Ground Law Persuasive Essay Our experts proofread and edit your project with a detailed eye and with complete knowledge of all writing and style conventions. This law has been around for some time now but many people including myself have only recently learned of this law, because of a very emotional case in Florida involving,George Zimmerman” murdering a 17 year old unarmed boy named “Trayvon Martin. It is a belief not formed recklessly or negligently. Well many states such as: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia have stand your ground laws which state that individuals do not have to retreat before using force in a self- defense … Among the many components featured in this trial was the Florida self-defense law called “Stand Your Ground.” This law permits the use of physical force without the requirement to retreat. These laws, on … Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … Under Florida’s “stand your ground” law, a person may use deadly force in self-defense if he or she is in imminent threat of death or bodily harm. For instance, It can lead to an increase in homicides. In the 22 states that have adopted Stand Your Ground laws, justifiable homicide rates have risen by 53% between 2005-2007. "Stand Your Ground" laws are part of a larger class of laws called "castle doctrine," which is the legal reasoning that a person can use force to protect his or her home, person, property. The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. Utah, for example, had stand your ground laws since 1994, long before Florida adopted them in 2005. In 1895, the Supreme Court case Beard v. The “stand your ground” law only applies when the shooter is white and the victim is black.. Most self-defense laws state that a … Read on for a detailed look at Washington stand your ground laws. 1. The hotly contested stand your ground laws get debated constantly in Pennsylvania. and 776.031,). One of the reasons that individuals should be able to use the "Stand Your Ground" law when their life is threatened is because they are defending themselves. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. Law enforcement and prosecutors have at least initially cited Stand Your Ground laws in determining not to arrest the killers of other young men and boys of color, including Trayvon Martin, Jordan Davis, Jamonta Miles, Daniel Adkins, Jr., and more recently, Ahmaud Arbery, to name only a few.16 Unfortunately, there are some elected officials who want to scrap Stand Your Ground laws on the grounds that they’re supposedly racist. The 2012 death of Trayvon Martin. This principle has been codified and expanded by state legislatures. The Stand Your Ground law is most widely associated with the Feb. 26 shooting death of Trayvon Martin, an unarmed 17-year-old killed in Florida by George Zimmerman, a … In February of 2012, George Zimmerman … Acts of justifiable homicide are defined by Oklahoma’s law in 21 O.S. Thesis Subsection 1 - "Stand Your Ground" Laws. You cannot, for instance, claim Stand Your Ground based on the belief you were afraid of getting punched in the arm and therefore drew your pistol and shot the … In this murky space where self-defense and aggression meet are “Stand Your Ground” laws. Additionally, the Stand Young Ground law does not require you to retreat before using deadly force. In addition, this law remains unconstitutional, and will influence the nation in a destructive way. Stand your ground law Free Essay Example Essay Sample: The "Stand Your Ground" statute states that “a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she Now Accepting Apple Pay Apple Pay is the easiest and most secure way to pay on StudyMoose in Safari. [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange … The Stand Your Ground Law in Alabama gives a judge the ability to determine absolute immunity in civil and criminal prosecution. It is one of the three main laws in America for self-defense. Under the law, you may legally use force to defend yourself in these situations: Stand Your Ground Gerald Makey SOC 205 Strayer University The “Stand-your-ground law validates a person in using any physical force including deadly force, when they are not involved in illegal activity and is in a place where he or she has the right be, they have no obligation to haven and have the right to stand their ground. The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. These laws, sometimes called “Make My Day” laws or “Shoot First, Ask Questions Later” laws cover the extent to which a person can legally go to defend himself or others and the exceptions that apply. Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied. Since then, at least 30 states have enacted similar self-defense laws. According to Giffords Law Center, thirty-three states have enacted and interpreted their own Stand Your Ground policies. In states without Stand Your Ground law, as a self-defender, you are required to retreat from a confrontation if you can reasonably do so safely. One law I will forever remember is the “Stand Your Ground” law. 4. Here is an example of jury instructions on the Stand Your Ground Law in Alabama. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. One particularly controversial law is the “stand your ground” law. For example, a “Stand Your Ground” law may: Identify locations where a person may use deadly force under certain conditions, including dwellings, vehicles, businesses, and other public places where a person is legally present; Texas Penal Code, Chapter 9, Subchapter C. Some of the provisions within this subchapter, "Protection of Persons," are often referred to as the "stand your ground" laws. The following 36 states have passed a "Stand Your Ground" law:AlabamaAlaskaArizonaCalifornia*Colorado*FloridaGeorgiaIllinois*IndianaIowaMore items... I had looked into many tutoring services, but they Stand Your Ground Law Persuasive Essay weren't affordable and did not understand my custom-written needs. TALLAHASSEE, Fla. (AP) — The Florida Supreme Court granted a new “stand your ground” hearing to one defendant and denied the claim of another Thursday as it settled questions on whether a 2017 law should apply retroactively. Yes, "stand your ground" laws are good and appropriate. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. Even more despicably, in some states, Stand Your Ground Laws require prosecution to prove that the individual who was threatened was not in the right for defending their property. Self Defense and “Stand Your Ground”. A popular example is of a liberal pundit who proclaimed that Trayvon Martin should have known better than to walk around at night in a hoodie," while stating that wearing the hoodie was not extraordinary because ‘it was raining outside.’” (Kaduce and Davis, 2013) On multiple occasions, the authors mention both the traditional law and the Stand Your Ground Law, considering views that may be afflicted with … If you feel threatened, if an intruder comes in your house or vandalizes your property you have the legal right to use the castle law in the proper situation. It is a good time to look closely at what these laws do – and what we know, so far, … Controversy Over Castle Doctrine and Stand Your Ground Laws Which States Have Stand Your Ground Laws? In states without Stand Your Ground law, as a self-defender, you are required to retreat from a confrontation if you can reasonably do so safely. 38 states are stand-your-ground states, 30 by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, N… Generally, “stand your ground” laws allow people to respond to threats or force without fear of criminal prosecution. “Stand your ground,” which went into effect 15 years ago, expanded Florida’s long-standing “justifiable use-of-force” statute that governs a … As the recent George Zimmerman-Trayvon Martin incident and subsequent trial has proven, Stand Your Ground” laws can ignite passionate debate about gun control, the right to defend property and self, race and other factors. Introduction It is true that stand your ground laws has greatly increased homicide rates across the globe. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. Washington does have laws on the books that could protect you from criminal liability if you used force (Revised Code of Washington, Section 9A.16.020). Florida's "stand your ground'' law has allowed drug dealers to … Peoples distaste for the law stems from how the stand your ground law is used. This principle has been codified and expanded by state legislatures. This law, commonly called the ‘Stand Your Ground’ law, removes one's duty to retreat in a self-defense situation and also expands the places in which one can use deadly force when ‘standing one's ground’ (Catalfamo, 2007, Rice, 2013, Fla. Stat and 776.012,, Fla. Stat. Finally, if you are involved in a crime at the time, stand your ground does not apply. However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. The distortion of self-defense law in the United States began in 2005 when the National Rifle Association (NRA) helped draft and pass Stand Your Ground legislation in Florida in an attempt to make the purchase and use of guns more attractive. List of the Cons of Stand Your Ground Laws. Stand Your Ground laws are suddenly in the spotlight, as Americans debate whether they counter violence or put more people in danger of death or injury by gunfire. Perhaps the most well-known example of Stand Your Ground Law invoked as a defense in a case involving a homicide is the 2012 killing of Trayvon Martin. The “Castle Doctrine,” and “Make My Day” or “Stand Your Ground” laws are all in force in Oklahoma, and these allow a person to defend himself or herself against threats to personal safety. UWriteMyEssay.net's services, on the other hand, is a perfect Stand Your Ground Law Persuasive Essay match for all my written needs. Utah's law was revised in 1994 to extend protections for use of deadly force in public without a duty to walk away — more than a decade before Florida passed its well-known "Stand Your Ground" law in 2005, said Laura Cutilletta, a Law Center to Prevent Gun Violence attorney. Not only that, but there are multiple examples where you would think, if ever a stand-your-ground law would apply, this would be the case — and yet, it didn’t. As such, the self-defense laws of every state give people the right to use a certain degree of force to save their lives, the lives of others, and even property without the fear of criminal prosecution. The Stand Your Ground law is most widely associated with the Feb. 26 shooting death of Trayvon Martin, an unarmed 17-year-old killed in Florida by George Zimmerman, a … List of the Cons of Stand Your Ground Laws. 1. It can lead to an increase in homicides . The Journal of the American Medical Association, in a study led by the University of Oxford, found that ... 2. These laws give individuals unfettered power and discretion. When a stand your ground law is present ... The “Stand your ground” decree has quite a few consequences. Texas Penal Code, Chapter 9, Subchapter D. That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. The “Duty to Retreat” Law states that one cannot harm another in self-defense when it is possible to retreat from a … This is not the main issue with people who disregard the stand your ground law. The writers are reliable, honest, extremely knowledgeable, and the results are always top of the class! Stand and FIGHT for Stand-Your-Ground Law! The “Stand Your Ground” Law states that there is no duty to retreat from the situation before using deadly force and is not limited to one’s home, place of work, or vehicle. One particularly controversial law is the “stand your ground” law. Minneapolis is once again being rocked with violence, looting, and arson over the last couple nights by Antifa/BLM terrorists. Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances.There is no state law statute that authorizes this right that there is no duty to retreat. You also cannot chase someone down after a crime and claim protection. However, stand your ground laws actually predate the case by several decades. The bigger problem is Baxley’s assertion that the "stand your ground" law led to a demonstrable reduction on violent crime. 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