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Analysis of stand your ground law
Analysis of stand your ground law
Analysis of stand your ground law
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Excerpt From: Flip a Coin: Heads, Stand Your Ground is Good Law…Tails, Stand Your Ground is Bad Law
I. INTRODUCTION
Batman and Spiderman are fictional characters that have been idolized by many people in this country for decades. We dress ourselves and our children as these characters for Halloween. Millions of dollars was made in movies that document and celebrate the “heroic actions” of these characters as vigilantes “fighting crime” with street justice. It is only fitting that state legislatures adopt a law that advocates this type of “heroic action” that is coveted by many, right?
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.
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. ...
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...he fear of prosecution. The problem with “Stand Your Ground” is that it “provides a rock-solid defense to paranoid trigger happy bigot cowboys armed with deadly force.”
I am the mother of two African-American boys. There is a part of me that is terrified that someone has the privilege of causing serious harm or even killing them because they believed them to be something they are not or because they are playing their music too loud at a traffic light . This person could be granted immunity from criminal or civil prucidings or no charges being brought just because a jury might identify with the defender instead of the victim. But the alternative that somewhat eases my mind, is that if someone is attempting to cause serious harm to my sons; they may defend their lives without fear of prosecution…maybe because keep in mind they are African-American.
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...
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
The case involved a neighborhood watchman, who happened to be on duty when he saw a young black man wearing a sweater jacket called a “hoodie”, walking through the neighborhood. George Zimmerman, the watchman, who was twenty-eight years old at the time, called authorities about a suspicious character walking around in his neighborhood. The authorities told him not to do anything; just continue with his rounds and not worry. Zimmerman, however, decided he would take matters into his own hands. He confronted the young man; they got into a brawl and Zimmerman pulled out a gun and shot and killed Martin. That premise will play a role in this paper as an argument as to why George Zimmerman should have been convicted of committing a crime. Even if the jury could not have reasons to convict him of the second degree murder of Trayvon Martin; they had other choices.
On October 20, 2014 a young male teen was fatally shot in Chicago, Illinois. The shooting occurred in the middle of the road and the suspect that was fatally shot was named Laquan McDonald. McDonald was just 17 years old and was the suspect after initial reports placed him in the scene of a possible car jacking. It was reported that Laquan McDonald had a knife and was also seen slashing tires of a police cruiser. When police had finally had him surrounded in the middle of the road, one officer opened fire and released 16 shots into his body. Another deputy on hand said the use of force was not needed because Laquan was not in any way trying to attack the officers present. The officer who fired the 16 shots into Laquan is named Jason D. Van
Paul Butler discusses this in essay titled “Racially Based Jury Nullification” where he proposes that black juries should acquit black defendants if the crime is considered non-violent/victimless. It is important that we consider this notion, regardless of how extreme it may seem. Butler takes great care to discuss how putting way those who are poor and who are black, is an unjust way of punishing them. When whole communities are not provided with enough resource to become functioning member of societies, exceptions must be made to accommodate such situations. Jury nullification gives power to the juries to act as barriers to those who are abused by the state. When lack of state support forces individuals into crime for the purpose of survival, it must be taken into consideration when deciding upon a verdict. Butler admits that this proposal is “rough” and only acts as in “intermediate plan” for it is clear that such action is meant in a form of a protest against the current process. Racially based jury nullification exists as an eye opener for members of the American justice system, and the communities which are affected by high incarceration/crime rates. It stands to make a point that putting people in jail does not work as a form of deterrence, or “justice”, it is not surprising law enforcement is widely distrusted. With this kept in mind, I
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Shooting innocents just by the way they dress or walking it’s a disgrace in our country. In the case of Trayvon Martin he was shoot on February 26, 2012 just because he was wearing a hoody and he was black. George Zimmerman the man that killed him said that he acted in self-defends. What would a 17 year old have done that Zimmerman acted in self-defends? I disagree George Zimmerman acted in self-defense and I feel there is something wrong with the stand your ground law. He already had previous problems with his ex wives and ex girlfriends.
First, I would like to bring to your attention that George Zimmerman was found not Guilty of the murder of Trayvon Martin under the 'Stand your ground law' This law which is placed gives individuals the right to use deadly force to defend themselves without having to retreat from a dangerous situation However, When Zimmerman called 911 and explained to the police department about the suspicious of Trayvon Martin the police officer informed him not to follow yet Zimmerman continue to follow him after the dispatcher told him there was no need to do so Surely if George Zimmerman after calling a dispatch unit because he felt unsafe why did he feel the need to then follow the young teenager he is now inserting himself into what he declared to be a dangerous situation Knowing full well that he was armed, Zimmerman followed Trayvon in his car AND on foot meaning he left his car making the decision to bring his gun in order to pursue and confront someone Here you can see he was clearly wanting trouble. he was ordered not to follow him. But he did so therefore he has no right to claim self-defense. He was asking for a fight and he got one, with a kid he thought to be dangerous. we can clearly see George Zimmerman was the instigator and placing himself into this position and then use the act of self defense to justify murder of an innocent unarmed teenager. I don't think he set out to ...
Racial discrimination is greatly alive in today’s world. Consider a trial in which an African American male is being accused of murdering a middle aged Caucasian woman. A jury composed completely of middle aged Caucasian women is not impartial which increases bias and prejudice, potentially leading to an unfair verdict. Failure to be knowledgeable of the nature of ones’ charges automatically promote unfairness. The accused would ultimately be clueless and left in the dark throughout the criminal justice process, by not knowing the charges filed against him and why. Witnesses testifying against the defense tend to feel pressured into telling the truth when confronted by the defendant in court (Annenberg, n.d.). Therefore, without this right in place, witnesses of the prosecution may be more subjected into lying to make their case, although they are under oath. Also, the accused may not be allowed to fully tell their side to the story or argue their cases to its fullest potential should they not have this right. In addition, most people living in the United States are not fully aware of their rights or knowledgeable of the criminal justice system and, for this reason, cannot effectively represent themselves in court. Should they have no choice but to, they are likely to receive a more severe punishment, one that a defense attorney may argue to not
Zimmerman was asked by a dispatcher to stop pursuing Treyvon Martin. The “Stand Your Ground”
For example, according to Dara lind “Officer’s aren’t supposed to shoot to kill. They’re supposed to do whatever is necessary to disable the threat”(Lind). Whenever an officer gets caught up in a difficult situation where deadly force is needed for the most part officers do shoot to kill because they feel like there life is in danger themselves. Yes like they said they are supposed to do whatever is necessary so therefore if shooting to kill someone is necessary to them then for police officers it is the right thing to do. But in reality in some occasions deadly force by a cop resulting in someone’s death is not needed and there should be other alternatives to handle difficult problems like that. In addition, “Usually, the point from where the officer believes he has to use deadly force to the point where he uses deadly force -- where he pulls
Zimmerman shot Trayvon on March 26, 2012, and Zimmerman was charged for two degree murder “(Biography, 2015). The stand your ground law states that if you feel like you’re in danger and you kill somebody in self defense then you will not go to jail because of the stand your ground law. The stand your ground law is in 23 states, Indiana is one of those states that has legalized the stand your ground law. Liberals do not believe anybody besides the Nation Guard should carry guns. “Liberals believe more guns more violence but to be honest it’s not the guns but the people who have the guns. Conservatives believe we should carry guns but only use them if we really need to use them for self defense” ( StudentNewsDaily, 2005). The stand your ground law is a good law, if people use it for the right thing. People need to use this law when they are really in danger, not just because it’s legal in your state. Many innocent people are dying from this law. Another example is the Michael Brown case, which is well known in Ferguson. “Michael Brown, eighteen years of age, was walking down the street with a friend. Then Officer Wilson tried to stop the two men by
Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.
According to a decision made by the Supreme Court in the case between District of Columbia ET AL. v. Heller, stated that an individual’s right to bear arms is protected by the second amendment and acknowledge that the Washington D.C. gun ban on handguns unconstitutional (Scalia, par.3). For over 30 years, it was a crime to have an assembled gun in your private residence in Washington D.C. Furthermore, during the Los Angeles riots of 1992, it was made perfectly clear that civilians had to defend for themselves because the chief of police said that he was not going to endanger the lives of his officers by sending them to disperse the riot. Armed civilian of little Korea were the most well-known example by firing into a crowd of rioters that were looting their business. Another example was in New Orleans when hurricane Katrina stuck. The police forcibly disarmed law-abiding citizens in an attempt to make New Orleans safe. Instead, they left hundreds unable to protect themselves and in the dark trying to defend what little food or water they had from
Police officers primary responsibility is to protect and serve citizens and communities, not to abuse the laws by hurting innocent people. In most states Stand-Your-Ground laws allows innocent citizens the right to use deadly force to defend and protect themselves. But what if they were protecting themselves from police brutality. Police brutality has been going on for many years; they can cause riots, injuries, and even mistrust for the police.