Repealing the Stand Your Ground law in Florida is the most obvious possible solution. One particularly controversial law is the “stand your ground” law. Texas Law. "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. 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 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 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. 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. 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. Florida’s controversial “stand your ground” law has been in the spotlight many times since its adoption in 2005. Here are three critical stand your ground rules in Texas. The “Stand your ground” decree has quite a few consequences. Just from $13,9/Page. Robert pulls out his gun and shoots the driver without trying to get out of the way. 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. 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 … More. Stand Your Ground States. The “Stand your ground” decree has quite a few consequences. Stand Your Ground Law Example — Trayvon Martin. 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 ... 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: Which States Have 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; Acts of justifiable homicide are defined by Oklahoma’s law in 21 O.S. In theory, Florida’s controversial ‘Stand Your Ground’ law makes perfect sense. 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. This is not the main issue with people who disregard the stand your ground law. 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. North Carolina stand your ground law is addressed in NCGS § 14-51.2 and § … In February of 2012, George Zimmerman … 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. Introduction It is true that stand your ground laws has greatly increased homicide rates across the globe. 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. This paper shall examine the complexities around the Stand Your Ground Law. Thesis Subsection 1 - "Stand Your Ground" Laws. Hence, the law allows the individual to stand his or her ground in the event of a physical altercation. 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. 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; 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. Read on for a detailed look at Washington stand your ground laws. 1. 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. Stand and FIGHT for Stand-Your-Ground Law! 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. 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 … You have the right to use self-defense, when you feel like your life is on the line. Stand Your Ground Law In The Early 1900's. 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. 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. The law shifted the burden of proof in stand your ground pretrial immunity hearings from defendants to prosecutors. The “Duty to Retreat” Law states that one cannot harm another in self-defense when it is possible to retreat from a … Florida's "stand your ground'' law has allowed drug dealers to … One law I will forever remember is the “Stand Your Ground” law. 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. Peoples distaste for the law stems from how the stand your ground law is used. “Stand your ground,” which went into effect 15 years ago, expanded Florida’s long-standing “justifiable use-of-force” statute that governs a … Aug 31, 2020. Over the years, more states have enacted stand your ground laws. and 776.031,). 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. 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 … 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. This principle has been codified and expanded by state legislatures. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. 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 this murky space where self-defense and aggression meet are “Stand Your Ground” laws. This principle has been codified and expanded by state legislatures. 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. Stand your ground laws allow a person to use force if necessary if there is a threat of harm. 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. For example, if the attacker tries to flee, the use of force is no longer justified. One particularly controversial law is the “stand your ground” law. 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.” In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. Justifiable Homicide. 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. 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; Self-Defense Laws in Washington State. The “stand your ground” law only applies when the shooter is white and the victim is black.. Get custom paper. 1. Texas Penal Code, Chapter 9, Subchapter D. It can lead to an increase in homicides. 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. A reasonable belief is a belief formed in reliance upon reasonable appearances. Generally, “stand your ground” laws allow people to respond to threats or force without fear of criminal prosecution. 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. In fact, Stand Your Ground laws are relatively new, upending centuries of self-defense law and interpretation in the courts. March 28, 2012, at 5:19 p.m. 'Stand Your Ground' Laws Protect the Innocent. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. 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 … Controversy Over Castle Doctrine and Stand Your Ground Laws List of the Cons of Stand Your Ground Laws. The writers are reliable, honest, extremely knowledgeable, and the results are always top of the class! Finally, if you are involved in a crime at the time, stand your ground does not apply. Most self-defense laws state that a … The right to protect ourselves is among the most fundamental legal protections that we have. 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. 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). It is a good time to look closely at what these laws do – and what we know, so far, … Self Defense and “Stand Your Ground”. 4. First, law enforcement officers sometimes use the Stand Your Ground law as a basis for not charging the shooter to begin with. UWriteMyEssay.net's services, on the other hand, is a perfect Stand Your Ground Law Persuasive Essay match for all my written needs. Stand Your Ground can be a defense for people who are trespassing on someone else’s property. Additionally, the Stand Young Ground law does not require you to retreat before using deadly force. You also cannot chase someone down after a crime and claim protection. Utah, for example, had stand your ground laws since 1994, long before Florida adopted them in 2005. 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 … In the 22 states that have adopted Stand Your Ground laws, justifiable homicide rates have risen by 53% between 2005-2007. 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. For example, they may require that the threat of perceived harm is objectively reasonable and that the force used be proportional to the threat. The bigger problem is Baxley’s assertion that the "stand your ground" law led to a demonstrable reduction on violent crime. [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 … 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. It does not, however, make justification unnecessary. Gun laws vary by state, including regulations on purchasing firearms and concealed or open carry permits and laws. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. 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. That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. 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 … 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. Unfortunately, there are some elected officials who want to scrap Stand Your Ground laws on the grounds that they’re supposedly racist. 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. It is one of the three main laws in America for self-defense. Ohio’s castle law gives citizens legal right to self-defense. 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 … Impact of ‘stand your ground’ not proven. 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. 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. In addition, this law remains unconstitutional, and will influence the nation in a destructive way. The hotly contested stand your ground laws get debated constantly in Pennsylvania. 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. 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. In addition, this law remains unconstitutional, and will influence the nation in a destructive way. 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. For instance, 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 … As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. Florida became the principal “Stand Your Ground” state in 2005 and has been the model and leading innovator ever since. 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. However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. Unlike Colorado’s “Make My Day” law, Stand Your Ground applies outside the home, as well. Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … Minneapolis is once again being rocked with violence, looting, and arson over the last couple nights by Antifa/BLM terrorists. 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. The Stand Your Ground Law in Alabama gives a judge the ability to determine absolute immunity in civil and criminal prosecution. According to Giffords Law Center, thirty-three states have enacted and interpreted their own Stand Your Ground policies. However, a “Stand Your Ground” law expands upon the traditional self-defense doctrine in one or more ways. Pros and Cons of Stand Your Ground Law. For example, some states have "stand your ground" laws which provide individuals with more leniency when it comes to using deadly force. Before the first Stand Your Ground law passed in Florida in 2005 , it was an individual’s responsibility to attempt to retreat from confrontation … 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. But the Stand Your Ground law can come into play in a number of ways. 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. 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 Example: The driver of a car is trying to run Robert over. Traditionally, when a group of thugs use violence to accomplish their political agenda, they are labeled as “political terrorists” and arrested. Yes, "stand your ground" laws are good and appropriate. If the defendant wins, a trial cannot proceed, and the defendant has immunity from civil suits as well. It is a belief not formed recklessly or negligently. 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. The 2012 death of Trayvon Martin. 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. 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. In 1895, the Supreme Court case Beard v. 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. All academic and Stand Your Ground Law Persuasive Essay business writing simply has to have absolutely perfect grammar, punctuation, spelling, formatting, and composition. People who are simply defending themselves are made to look like the aggressor and put in jail. 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. 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. 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… The following 36 states have passed a "Stand Your Ground" law:AlabamaAlaskaArizonaCalifornia*Colorado*FloridaGeorgiaIllinois*IndianaIowaMore items... and 776.031,). 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. Stand Your Ground law alleviates or gets rid of just that last little bit—the duty to retreat. Self Defense and “Stand Your Ground”. 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. 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. These laws, on … More than two dozen states now have some form of the law. However, stand your ground laws actually predate the case by several decades. 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. Since then, at least 30 states have enacted similar self-defense laws. 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