Essay On Stand Your Ground Law

1098 Words3 Pages
bulb-icon

Recommended: Research on "stand your ground law

The “Stand Your Ground” law initially indicates that individuals can use force to defend themselves without first attempting to retreat from danger. The Stand Your Ground laws are very confrontational as to where according to FindLaw.com this law is claimed to be encouraging violence leading to “shoot first, ask questions later” attitude. http://criminal.findlaw.com/criminal-law-basics/stand-your-ground-laws.html In 2005 Florida was the first to undergo passing the self-defense legislation thus calling it the Stand Your Ground law. This was because of a case against an old couple (Workman) who was encountered by an intruder (Cox) inside their RV. The old man encountered the intruder previously that day, but later on, the intruder invaded the couple’s camper. After being out-side and confronting Cox, Workman shot and killed Cox, after Cox invading the Workman’s camper. A few months after the incident, in the newspaper, the Workmans read that the State Attorney's Office had ruled the shooting justified, that Workman "was confronted with circumstances and conditions beyond his control that resulted in the unfortunate death of Mr. Cox." Weeks later the Stand Your Ground law was introduced to the Legislature. Even though this could appear as Stand Your Ground, Workman had the opportunity while confronting Cox outside to persuade him or call the cops upon his encounter that night. http://www.tampabay.com/news/publicsafety/floridas-stand-your-ground-law-was-born-of-2004-case-but-story-has-been/1225164 It is known that people have the right to self-defense, but what are the lengths some people would go to, to claim it? Lately there has been a controversy over the “Stand Your Ground” law that governs in some states. With this law people ... ... middle of paper ... ...ated in the previous cases that were brought to your attention each case was claimed to be self-defense. When in all reality there was clear evidence that the accused had enough time to think about the situation and pursue the victim. Stand Your Ground laws are not fair in any kind of way. Though the constitution gives rights to self-defense and to bear arms, it gives no right to kill another person with a premeditated cause or malicious intent. With the stand your ground law racial differences, the way someone looks, or even a person’s sexual orientation will become a problem. A person may not like the way another person looks, sounds, or looks at another individual and kill that person and claim stand your ground as a cause for killing that individual. What would your opinion be if you were present the opportunity to be for the stand your ground law or against it.

Show More
Related

  • Tennessee v. Garner 1985

    806 Words  | 2 Pages

    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...

    Read More

  • Stand Your Ground Law

    2664 Words  | 6 Pages

    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. ...

    Read More

  • Stand Your Ground Law: The Case Of Trayvon Martin's Case

    731 Words  | 2 Pages

    Stand your ground law is a self-defense law that authorize a person to protect and defend one’s own life. Only few states in the U.S including Florida (2005) pass this law. On April 30, 2013 George Zimmerman waives his rights to a “stand your ground” pretrial immunity hearing as CNN states. His attorneys decides to try this as a “self-defends’ case. Judge will have to decide if his actions were protected under the

    Read More

  • Shocking Pattern Of Criminalization In 13TH, By Ava Duvernay

    733 Words  | 2 Pages

    Zimmerman was asked by a dispatcher to stop pursuing Treyvon Martin. The “Stand Your Ground”

    Read More

  • The Stand Your Ground Laws in Florida

    794 Words  | 2 Pages

    The Stand Your Ground Laws states that A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. The presumption set forth in subsection (1) does not apply if: The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or the person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or the person who uses defensive force is engaged in an unlawful act...

    Read More

  • Samuel Pauly Case Study

    552 Words  | 2 Pages

    The Fourth Amendment states that, the right of the people to be secure in their persons, houses, papers and effect against unreasonable searches and seizures. Within this battle, the parties that were involved were, brothers Daniel and Samuel Pauly, Officers white, Truesdale and Mariscal. During this time, the Supreme Court was deciding whether Officer White violated this right of Daniel Pauly. As well as, whether that law was clearly established at the time of the alleged violation. Nevertheless, they are deciding if Officer White should be granted Qualified Immunity. This Qualified Immunity protects government from liability for civil damages and, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” (Harlow Fitzgerald). Within this case, officer white pleaded qualified immunity because even though he was late to the confrontation, he thought that him and he two other partners were in danger due to Samuel Pauly having an armed weapon pointed towards them. The Supreme Court also held the same precedent as was put down in an earlier case. That standard was, “if the suspect threatens the officer with a weapon, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given” (Legal Information Institute,

    Read More

  • Ethical Dilemmas In Policing Essay

    701 Words  | 2 Pages

    Connor, the Supreme Court held that the test used for whether force was excessive should be “objective reasonableness” and not based on how much pain an officer inflicted upon a suspect. They remanded the case to a lower court based on their described standard. Under this standard (or test), officers have the right to used “reasonable” force in any interaction with the public. They are not obligated to use the least possible force as long as the force is objectively reasonable. The test indicates that the use of force should be from the perspective of the officer on the scene at the time and not in

    Read More

  • Fruitvale Station Essay

    552 Words  | 2 Pages

    Oscar Grant was reported to be rowdy on the train and was shot at point-blank range. The policeman later revealed he was trying to grab his Taser not his handgun. While reading this review, the author was using present day situations such as the Zimmerman case to reflect on how two different cases can be the same but in different standpoints. Trayvon’s incident was not recorded, but Zimmerman was reported to be running behind an unarmed suspected to have a gun. The author wanted to say that cases are similar considering that both officers were not prosecuted. A better example he could have used was the Walter Scott shooting. Both men were believed to be causing a disturbance, the policeman was trying to grab their Tasers, and someone was

    Read More

  • Stand Your Ground Law Essay

    1671 Words  | 4 Pages

    The stand your ground law consolidates five statutes together to create a strict law. The law itself is not long but to find all the requirements, one needs to reference the five statutes separately. The five statutes are the use of force in self protection, the use of force for the protections of others, the use of force for the protection of other property, the use of force in law enforcement, and the use of force by persons with special responsibility for care, discipline, and safety of others. Under section 506, the use of force for the protection of others, it states that the person defending someone else does not have to retreat any more than the protected one. Section 505, the use of force in self protection, states that someone can put the aggressor into confinement until he and others feel safe and have notified the authorities. This method is a safer and more civil method than defending themselves with deadly force or fire arms. The Castle Doctrine is listed in this law under section 505 where it says that if a person is illegally on a dwelling, residence, or vehicle, the owner or resident can take the necessary precautions to ensure their safety. The stand your ground law says deadly force is unjustifiable if the person had an opportunity to retreat safely and used deadly force and weaponry primarily. Although the law says multiple times that people do not have to retreat in order to defend themselves.

    Read More

  • Is Our Justice System Fair to All?

    1191 Words  | 3 Pages

    Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.

    Read More

  • Arguments Against The Castle Doctrine

    280 Words  | 1 Pages

    Deadly force, in my opinion, is being abused, in our present culture, by both citizens and police. Law abiding citizens, by right, are permitted to defend themselves when they believe they are in danger. But to what degree has this been allowed? The duty to retreat has almost disappeared, and a license to kill has replaced it. When police and citizens are shooting people in the back as they flee, all elements of the self-defense argument are invalid.

    Read More

  • Stand Your Ground Law Research Paper

    913 Words  | 2 Pages

    Defending yourself is admissible under the stand your ground law, however it must be based under the terms in the law. When a person is at risk or feels extremely threatened using force is reasonable. So in other words,

    Read More

  • Police Use Of Deadly Force Analysis

    1318 Words  | 3 Pages

    In August 2014, four deaths made big headlines nationwide. Michael Brown, Eric Garner, Ezell Ford, and John Crawford III all tragically died at the hands of the police as a result of the use of deadly force. Perhaps more tragic is the fact that all four men were African American and therefore have drawn attention as examples of racial bias held by the law enforcement community. However, their cases have led to much speculation regarding whether or not police use of deadly force is legal, or even ethical. Based on current United States constitutional law and case law, deadly force is allowed, but is regulated to an extent based upon the circumstances which surround its use. Many people believe that regulations regarding the use of deadly

    Read More

  • Elements Of Crime

    731 Words  | 2 Pages

    None of them was engaging on illegal activity until the situation between the intoxicated woman and the couple got hectic, and the intoxicated woman decided to withdraw a nail file with the intent of harm. The male felt the need to stop the intoxicated woman from her attempted aggravated assault, which involves the display of a weapon. Aggravated assault is a felony, therefore; the action of the male deciding to go “force with force” is justified in the premise that he has the right to defend himself with his bodily force. It is smart on his part to use a force that can cause less harm than what the intoxicated woman’s force could have caused to him; the use of a less harmful force in comparison to the aggressor’s weapon can be justified as self-defense. Applying the stand-your-ground law would have enabled the male to keep fighting until he felt safe, since he had no need to leave the nightclub; most likely a couple of more punches in her stomach and the disarmament of the nail file would have been sufficient. The male did not “stand his ground” because he decided to leave the nightclub, yet he did act in

    Read More

  • The Importance Of Stand Your Ground Law

    211 Words  | 1 Pages

    The Stand Your Ground laws seem to only apply when the targets are people of color. This law makes things complicated when you are back and own a gun. A white person in America is more like to have no legal consequences for killing a black person. “In almost 17 percent of cases when a black man was killed by a non-Hispanic white civilian over the last three decades, the killing was categorized as justifiable, which is the term used when a police officer or a civilian kill someone committing a crime or in self-defense. Overall, the police classify fewer than 2 percent of homicides committed by civilians as justifiable.” (Killing of Black Men by Whites are Far More Likely to be Ruled "Justifiable", 2017). Normal people get to make the decisions

    Read More

More about Essay On Stand Your Ground Law

Open Document