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 … Peoples distaste for the law stems from how the stand your ground law is used. But the Stand Your Ground law can come into play in a number of ways. Controversy Over Castle Doctrine and Stand Your Ground Laws 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. For example, they may require that the threat of perceived harm is objectively reasonable and that the force used be proportional to the threat. Self Defense and “Stand Your Ground”. 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. The “stand your ground” law only applies when the shooter is white and the victim is black.. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. These two terms are often used interchangeably though. 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. 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. 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. In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. 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. Here is an example of jury instructions on the Stand Your Ground Law in Alabama. 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. “Stand your ground,” which went into effect 15 years ago, expanded Florida’s long-standing “justifiable use-of-force” statute that governs a … In February of 2012, George Zimmerman … 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. 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 UWriteMyEssay.net's services, on the other hand, is a perfect Stand Your Ground Law Persuasive Essay match for all my written needs. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. Unfortunately, there are some elected officials who want to scrap Stand Your Ground laws on the grounds that they’re supposedly racist. 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. Hence, the law allows the individual to stand his or her ground in the event of a physical altercation. More than two dozen states now have some form of the law. Thesis Subsection 1 - "Stand Your Ground" Laws. 4. Since then, at least 30 states have enacted similar self-defense laws. 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 … Self Defense and “Stand Your Ground”. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. Traditionally, when a group of thugs use violence to accomplish their political agenda, they are labeled as “political terrorists” and arrested. Acts of justifiable homicide are defined by Oklahoma’s law in 21 O.S. One law I will forever remember is the “Stand Your Ground” law. Get custom paper. Introduction It is true that stand your ground laws has greatly increased homicide rates across the globe. 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. 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. 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. In addition, this law remains unconstitutional, and will influence the nation in a destructive way. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. For example, some states have "stand your ground" laws which provide individuals with more leniency when it comes to using deadly force. 1. That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. In the 22 states that have adopted Stand Your Ground laws, justifiable homicide rates have risen by 53% between 2005-2007. Robert pulls out his gun and shoots the driver without trying to get out of the way. The right to protect ourselves is among the most fundamental legal protections that we have. Additionally, the Stand Young Ground law does not require you to retreat before using deadly force. This principle has been codified and expanded by state legislatures. This principle has been codified and expanded by state legislatures. This is not the main issue with people who disregard the stand your ground law. Texas Law. 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. The “Duty to Retreat” Law states that one cannot harm another in self-defense when it is possible to retreat from a … In theory, Florida’s controversial ‘Stand Your Ground’ law makes perfect sense. It is a good time to look closely at what these laws do – and what we know, so far, … 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. 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. Read on for a detailed look at Washington stand your ground laws. 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. It can lead to an increase in homicides. 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. In this murky space where self-defense and aggression meet are “Stand Your Ground” laws. 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; According to Giffords Law Center, thirty-three states have enacted and interpreted their own Stand Your Ground policies. Example: The driver of a car is trying to run Robert over. 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. For instance, However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. List of the Cons of Stand Your Ground Laws. However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. [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. Yes, "stand your ground" laws are good and appropriate. The 2012 death of Trayvon Martin. Most self-defense laws state that a … Generally, “stand your ground” laws allow people to respond to threats or force without 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 … Stand Your Ground can be a defense for people who are trespassing on someone else’s property. and 776.031,). 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. Which States Have Stand Your Ground Laws? Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … 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. and 776.031,). North Carolina stand your ground law is addressed in NCGS § 14-51.2 and § … One particularly controversial law is the “stand your ground” law. All academic and Stand Your Ground Law Persuasive Essay business writing simply has to have absolutely perfect grammar, punctuation, spelling, formatting, and composition. 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 … 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. First, law enforcement officers sometimes use the Stand Your Ground law as a basis for not charging the shooter to begin with. 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. For example, Florida State Senator Shevrin Jones introduced legislation, Senate Bill 1052, back in February that would have repealed Florida’s Stand Your Ground law. The writers are reliable, honest, extremely knowledgeable, and the results are always top of the class! The hotly contested stand your ground laws get debated constantly in Pennsylvania. This paper shall examine the complexities around the Stand Your Ground Law. Justifiable Homicide. 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. Finally, if you are involved in a crime at the time, stand your ground does not apply. In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. Florida’s controversial “stand your ground” law has been in the spotlight many times since its adoption in 2005. 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. Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … In 1895, the Supreme Court case Beard v. 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. Stand Your Ground Law In The Early 1900's. 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: 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 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. 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. From the onset, it should be appreciated that the paper opposes the Stand Your Ground Law and supports attempts to have the wording of the statutes across the states changed to … Self-Defense Laws in Washington State. Stand and FIGHT for Stand-Your-Ground Law! 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. Under the law, you may legally use force to defend yourself in these situations: The “Stand your ground” decree has quite a few consequences. 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. 3/4 of the states are stand-your-ground, and most of them took this view even before the recent spate of "stand your ground" statutes. 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. The following 36 states have passed a "Stand Your Ground" law:AlabamaAlaskaArizonaCalifornia*Colorado*FloridaGeorgiaIllinois*IndianaIowaMore items... "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. 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 … 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. If the defendant wins, a trial cannot proceed, and the defendant has immunity from civil suits as well. Florida's "stand your ground'' law has allowed drug dealers to … March 28, 2012, at 5:19 p.m. 'Stand Your Ground' Laws Protect the Innocent. 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. 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). 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. 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. 1. Over the years, more states have enacted stand your ground laws. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. Here are three critical stand your ground rules in Texas. Just from $13,9/Page. 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 … You have the right to use self-defense, when you feel like your life is on the line. 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. 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… 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. From the archives: 'Stand your ground' law protects those who go far beyond that point 1. You also cannot chase someone down after a crime and claim protection. Stand Your Ground law alleviates or gets rid of just that last little bit—the duty to retreat. Aug 31, 2020. 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 ... It is one of the three main laws in America for self-defense. In addition, this law remains unconstitutional, and will influence the nation in a destructive way. 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; In the case of “Stand Your Ground” legislation, the weapons industry and ALEC have advocated for a law that encourages more people to carry weapons, thereby increasing industry profits. The bigger problem is Baxley’s assertion that the "stand your ground" law led to a demonstrable reduction on violent crime. Ohio’s castle law gives citizens legal right to self-defense. 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.” 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. Pros and Cons of Stand Your Ground Law. 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 … It is a belief not formed recklessly or negligently. 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. Repealing the Stand Your Ground law in Florida is the most obvious possible solution. However, stand your ground laws actually predate the case by several decades. 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. These laws, on … Texas Penal Code, Chapter 9, Subchapter D. 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. The law shifted the burden of proof in stand your ground pretrial immunity hearings from defendants to prosecutors. 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. [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 … 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. 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. It does not, however, make justification unnecessary. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. 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; Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied. Texas has a “no duty to retreat” rule, but the words “stand your ground” don’t appear in Texas law. 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. Florida became the principal “Stand Your Ground” state in 2005 and has been the model and leading innovator ever since. People who are simply defending themselves are made to look like the aggressor and put in jail. Stand Your Ground States. 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