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Stand your ground law essay
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Zach Heyerhoff Mr. Kadlec Advanced Composition 26 March 2017 Stand Your Ground Law One of the most recent, debatable topics in the United States today has become the Stand Your Ground Law. Although it is sometimes misunderstood, the basic definition of the law allows for the use of deadly force when being attacked without first having to retreat. When it comes to public opinion, middle ground does not exist between the advocates for the law, or the critics against it. The drastically different opinions of staunch critics and fervent advocates of the Stand Your Ground Law have made this a very controversial and divisive topic. Many people may have a misunderstanding of this new law which leads to frequent debates. Stand Your Ground Law states …show more content…
that “a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony” (Rabb, 1).
This means that if a person faces danger, he or she may prevent it from happening by using force without having to retreat first. But in states that do not have Stand Your Ground Laws, a person must first try to escape the threat of danger, or retreat, in order to use deadly force. But some people still do not have a clear idea of what the law actually entails. According to Bradford Cohen, many people wrongly believe that the Stand Your Ground defense has only paved the way to “a free-for-all shooting gallery” (1). However, in reality, this law only states that if you feel that you face grave danger, you may use deadly force to defend against it without having to run and hide first. John Hay Rabb suggests that many supporters of Stand Your Ground Laws are reasonable, law-abiding, responsible citizens who happen to own guns (1). Advocates of the law agree with Rabb, and say they need this law because it makes them feel …show more content…
safer, like they have a fighting chance in the face of grave danger (Kennedy, 2). Critics of this law in multiple states want to take the law away, but Kennedy and others in defense of the law say that people facing a violent criminal should have the right to defend themselves regardless of their location. They firmly believe in the right to defend themselves because that right has been in place for many years now and they just as strongly believe it should remain in place. “You shouldn’t have to think twice about protecting your family, whether it be with a firearm, knife, or your own two hands” (Dale, 3). People should have the legal right to protect themselves and their family without having to worry about being labeled as a “murderer”. Matt Gaetz, Republican State Representative in Florida, compared the State to the “Wild, Wild West” before Stand Your Ground Laws were enacted (Kennedy, 3). He believes that putting the power to defend themselves in the people's hands has “put criminals on notice” (Kennedy, 3). Gaetz feels that when responsible gun owners become threatened and they act upon the threat, criminals would grow less likely to try to mess with anyone else. Numerous amounts of law-abiding citizens and responsible gun owners do not want this law repealed because they believe that they use it effectively and appropriately. One man by the name of Jordan Beswick, had a run in with a burglar one night in his home. “Beswick grabbed his semi-automatic pistol and waited approximately five minutes outside the room where he heard the burglar attempting to enter. The burglar emerged from the room, and Beswick fired at him multiple times” (Krey, 1). This example from Beswick’s story shows the effective use of the Stand Your Ground Law. It demonstrates that he did not let the threat harm him and it shows how he just protected his home and himself from a criminal. However, multiple critics would say that the story of Beswick only proved the ineffective use of the Stand Your Ground Law. Patrick Krey, a critic of the law, describes how even after Beswick protected himself from the threat, he left the building and went to the back to wait for the burglar to leave. But Beswick proceeded to shoot 6 times through the window and killed the burglar (1). Krey spotlights that example to suggest that people could use the Stand Your Ground Law as a device to get away with murder. This man says that some people simply do not care about the lives of anyone else and he thinks those people could go around ruining them. Activists against the law say that “short-tempered, trigger-happy individuals” will now have the legal right to gun down anybody they disagree with (Rabb, 1). Most critics of the law think that many of the gun owners will become more trigger-happy with this new law because they could simply claim they felt threatened. These critics have grown scared and feel vulnerable to other gun owners who might just start shooting at whoever they want. Some critics also say that this law tells gun owners, “Do this risky thing, this risky thing that could be avoided, and then we’ll help you” (Dale, 3). These critics talk about how gun owners could easily avoid most threats and incidents that make them feel the need to use deadly force. Mary Anne Franks, University of Miami law professor, suggests that Stand Your Ground Laws make people more comfortable and likely to use deadly force as an option. (Dale, 3). Critics say that gun owners find more situations where they feel like their life is in danger but in reality they will actually turn out alright. The people that carelessly pull out their weapon and start hurting others just because they might feel threatened, make everyone feel unsafe and make these critics want to get rid of Stand Your Ground Laws. The fact that the Stand Your Ground Law involves the possibility of taking a human life in order to defend yourself or your family makes it a controversial and divisive topic.
Even though many misunderstandings and disagreements about the Stand Your Ground Law exist, several states have adopted the law. Yet people on both sides of this issue will probably always find it hard to agree with a different perspective about it than their
own. Works Cited Cohen, Bradford. "Law is Effective, Misunderstood." USA TODAY, 27 Mar 2012, pp. A.6. SIRS Issues Researcher, http://sks.sirs.com. Dale, Daniel. "Insurance to Help 'Get Away with Murder'." Toronto Star, 26 Sep 2016, pp. A.1. SIRS Issues Researcher, http://sks.sirs.com. Kennedy, John. "Florida House Panel Rejects Bid to Repeal 'Stand Your Ground' Law." Palm Beach Post, 08 Nov 2013, pp. p. A.1. SIRS Issues Researcher, http://sks.sirs.com. Krey, Patrick. "Manslaughter?" The New American, 4 Mar. 2013, p. 40. General OneFile, go.galegroup.com/ps/i.do?p=ITOF&sw=w&u=6795wesths&v=2.1&id=GALE%7CA322904436&it=r&asid=0c2451a40e1d21da8e0de560a1ad7c82. Accessed 5 Mar. 2017. Rabb, John Hay. "High noon in the Sunshine State: antigun forces claim that foreign travelers may be hesitant to visit Florida due to the 'stand your ground' law." Guns & Ammo, Mar. 2006, p. 26+. General OneFile, go.galegroup.com/ps/i.do?p=ITOF&sw=w&u=6795wesths&v=2.1&id=GALE%7CA255243752&it=r&asid=551297279341bf53da097b6712dcf366. Accessed 5 Mar. 2017.
Ms. Hasselstrom has ethical appeal because she used credible personal situations to support her authority to possess a gun. Because she was such a peace-loving woman, carrying a gun would be a fallacy. Her stated cause and effects gave this article logical appeal on the subject of carrying guns for safety purposes. Although she establishes good logical appeal, she failed to include statistics that could have made her argument more credible.
The next cartoon I have shows a man defending his actions of shooting another person by saying that he felt threatened. He argues that Florida’s Stand Your Ground law gives him the right to do so and that the victim would also agree but the twist is that the victim is actually dead and would not be able to say otherwise. I think the artist created this illustration to emphasize how ri...
The “Stand Your Ground” law was first adopted in the state of florida in 2005. This law did not gain national attention until the shooting death of unarmed teenager, Trayvon Martin, in Sanford, florida, where the shooter, George Zimmerman used the “Stand Your Ground” law as his basis for defending himself against Trayvon Martin to the Sanford Police Department. However, George Zimmerman’s legal defense team did not utilize the law to argue his innocence during his trial. But the damage had been done because soon after other cases in florida began to sprout up with “Stand Your Ground” as the driving force.
The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them. After frisking them, he found a pistol and took the weapon from the men. The men then cried foul and claimed they were unconstitutionally targeted and frisked.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant? The answer to that question would have to be no. This is where “Search incident to arrest” comes into play. Search incident to arrest (SITA), which could also be called the Chimel rule, is a
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
Evidence can prove that Miranda Rights should be an important right for the citizens of the United States Of America but should not be a digression or inconsequential and that shows Equality,liberty and justice. If we didn't have miranda rights we would end in a deleterious situation which would end in disaster for example, the police requirement to remember few amendment portrayed to Miranda Rights to recommend citizens that are inculpable to go to jail by police who can fabricate the situation.Evils don't have rights for other citizens like Paris which some of the victims have to be interrogated for a few days. “The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
principle differentiating the two is the intent of the perpetrator of either an assault or battery. A
Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.
Know facts about 'stand your ground' laws before facing decision, legal experts say. (2013)“Critics of "stand your ground" laws, which exist in 22 states, are creating pressure to revisit legislation. Those who argue against the effectiveness of the laws say they create more conflict, violence and use of deadly force, Carlson said. Still, supporters of the "stand your ground" laws say they deter crime and permit a person to avoid being robbed, mugged or assaulted, he said. ”Carlson said that there will be strong efforts in Georgia to reconsider the legislation, which was enacted in 2006 but that the majority opinion of the state Legislature will likely be not to change the
For many years the public has had their own views and beliefs about the concept of the use of force when used in certain situations by law enforcement officers. The Association of Chiefs of Police describes the use of force as “ The amount of effort required by police to compel compliance by a unwilling subject”. According, to the National Institute of Justice the use of force should only be used in certain necessary situations. Such as, self defense and/or in defense of another person or a group. In the case Tennessee v. Garner the U.S. supreme court ruled that a “police officer who has a probable cause to believe that a suspect poses a threat of serious harm to the officer or others may use deadly force to prevent escape”. There are many
“A person should be able to defend him or herself if the person believes the he or she is about to be attacked (even if it has not yet occurred but an approaching individual is making threats.)”
Self-defense could only be used if the actions were used to defend oneself. Those actions must be necessary. The use of force by that individual must match the force used by the attacking force. For example, if Joe attacks Ryan with a knife, Joe is legally able to defend himself with deadly force. Joe cannot continue to use deadly force, when the attacking force is disabled.