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What is the stand your ground rule
Analyzing the arguments for stand your ground laws
Analyzing the arguments for stand your ground laws
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While the use of the gun has become an integral cultural element in contemporary American society, at what extent does self-defense become simply unjustifiable violence? Stand Your Ground laws are simply an expansion of the Castle Doctrine. The set of legislation serve to completely eliminate the need to double think prior to using lethal force on a threatening individual. Furthermore, they provide a backwards reasoning that lethal force is justified. The Stand Your Ground laws have completely shifted the underpinnings of law enforcement one-hundred and eighty degrees. This set of laws blur the line between who is the victim, and who is the aggressor, as well as distorts the role of the victim, attacker and legislation. Without substantial …show more content…
That being said, an individual (or man,) who was “attacked in his home by a person not having an equal right to be there,” were strongly encouraged to invoke his or her duty to retreat. Traditional self-defense laws are necessary; especially in an age in which the right to bear arms is prized. However, the expansion of these very laws via the Stand Your Ground initiative pose a violent threat to society, as it allows for, and encourages the use of unnecessary violence. These laws completely removed the “duty to retreat outside the home.” While many may argue that this “duty” is somewhat of an internal action, or lack thereof, it was central in the root of the law. The responsibility fell on the individual to never succumb to unnecessary violence, if you are not in immediate
With many recent incidents that involve guns between 2012 and 2013, gun control laws have become a hot topic in America. On one hand, after the horrific incident like the Sandy Hook Elementary School shooting at Newtown in 2012, most people wanting to limit guns from getting into the wrong by setting up a rigorous system that control who can and cannot obtain a gun. On the other hand, we have the people who believe that with such rigorous system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme Court case in 2008 that found the Firearms Control Regulations Act of 1975 unconstitutional, which influence the individual right to keep and bear arms for self-defense by questioning the Second Amendment and laws that restrict a person from acquire guns.
Individuals’ right to keep and bear arms in self-defense should be further restricted. For example, George Zimmermann – neighborhood watch citizen responsible for the teenager Treyvon Martin’s death
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
States that have stand-your ground laws remove a common law requirement to retreat if a person is able to do so before using reasonable force outside of one’s home (Randall and DeBoer). This allows individuals in states with these laws to use force in self-defense when there is a reasonable belief of a threat (Randall and DeBoer). Under certain circumstances, such as a threat of imminent serious bodily harm or death, deadly force is considered reasonable under stand your ground laws (Randall and DeBoer). In Florida the stand-your ground law states “a person has the right to stand his or her ground if he or she (1) reasonably believes it is necessary to d...
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.
Alvarez, Lizette. In Zimmerman Case, Self-Defense Was Hard to Topple. The New York Times Company, 14 July 2013. Web. 23 Apr. 2014.
Stand-your-ground laws state that an individual has no duty to retreat from any place they have lawful right to be, and may use any level of force, including lethal, if they reasonably believe they face an imminent and immediate threat of serious bodily harm or death. This laws are an extension of the“Castle Doctrine,” an established legal principle which says that a person is protected under the law to use deadly force in self-defense when his or her property or home is being invaded. More than 30 states in the U.S. have adopted some form of “Castle doctrine” or “stand your ground” laws on their books.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
In a tragic event such as a mass shooting, a large population of Americans are quick to draw the conclusion that the right to own a gun is harmful to society; however, the second amendment is what allows the American people to protect themselves from such shooting instances. The privilege to own a concealed firearm is beneficial to the American population when well-regulated for reasons such as self-defense and expressing freedoms which U.S citizens are privileged enough to receive through the second amendment; given they pass a background check. The second amendment is what makes the privilege to own a gun legal. This thesis paper will highlight the benefits of the right to own a gun under the second amendment,
Now that we have seen the shortcomings of two popular views of violence, Coady proposes his positive account; namely, that we ought to adopt a restricted definition. He begins with a dictionary definition (physical force with intent to damage/injure another), but he then observes that this is too restrictive and that we ought to include some psychological considerations. A restricted definition, Coady argues, is less morally loaded than the other two views given that it allows us to call an act a violent one without being committed (at least not as committed as the other views) to a certain ethical
When someone is taken into custody they are read certain rights. These rights are called the Miranda rights. These insure that everyone knows what rights they have upon being arrested. Once arrested the police officer must read the rights. Included in the right are the right to remain silent and the right to a lawyer. For people that cannot afford a lawyer the lawyer will be appointed. Before the rights were implemented people would think they had to tell the police everything they saw or did, also by police stating the rights the people know that they have the right to a lawyer.
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
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.
The Castle Doctrine is a bill that was passed which lets you defend yourself with necessary force in your residence if someone is breaking into your home. Criminals like to go after easy targets such as, the elderly, disabled citizens, children, and people who are unarmed. Every citizen has the right to live free and happy, if they are attacked they should be able to defend themselves and their property without being charged as a murderer.