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Imagine walking towards your car in a garage and you realized someone suspicious has been following you. You immediately unlock and open the car door then the person rushes up on you. You begin to panic and feelings of fear prepare you to defend your life. This is a prime scenario that justifies force to protect yourself and property from threat. Florida Statue 776 also known as stand your ground justifies what, when, and how to appropriately defend yourself and property when facing danger. The stand your ground law also protects those that abide in accordance with the law from criminal prosecution and civil action. Knowing this law can benefit many to shield their selves from threats, accusations, and to properly justify the use of force. 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, …show more content…
How does the law protect individuals from intentionally killing or harming others and then pleading self-defense? As we know there are two sides to every story so how could a law decide when someone is truthful. This leads many to question whether the law is effective in protecting citizens or allowing those with vendettas to commit vengeance but call it defense.
It is important to know the law stand your ground so if in fact in a situation you can be cautious and aware of when to use force. The misfortune however is still racism, hatred, revenge, and etc. that we still try to account for to correct in the system. However, to be safe protect yourself adhere to law and stay away from suspicious environments or acts of misconduct. When approach be highly certain that you are in threat if not avoid confrontation or call for immediate help from
The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if defender has reason to believe He/She/is/are in danger. Self-defense is a common defense by a person accused of assault battery
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...
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. ...
Self-defense is not something that should be taken lightly. Its dictionary definition is, “the act of defending one's person when physically
Zimmerman was asked by a dispatcher to stop pursuing Treyvon Martin. The “Stand Your Ground”
The four criminal law elements of self-defense are nonaggressor, necessity, proportionality, and reasonable belief. Nonaggressor is when the defender did not in any way provoke or stray an attack. When it comes to self-defense it is only available when it comes to unprovoked attacks. If one provokes someone they cannot use self-defense to defend themselves from the attack because they provoked it. However there is one exception and that is the withdrawal exception. The withdrawal exception is when the initial aggressor withdrawals completely from the attack they provoked they can defend themselves against their initial victims. An example of nonaggressor self-defense is Melody hanging out at the bar by herself and Samantha comes up to her trying
This case, among many others have caused our legal system to decide whose rights should be upheld, the victims or the aggressors? In this paper the history of self-defense laws, psychological benefits, and societal benefits will be discussed. Ultimately, the evidence shown throughout this essay will prove the absolute necessity of self-defense and Stand Your Ground laws. Not only does Stand Your Ground shift the focus of criminal law from victim to perpetrator (as it should be), our right to self-defense is written in the Constitution, and studies have shown that Stand Your Ground deters criminal behavior. (Holliday, 2012) Although some find Stand Your Ground as an open door for racial biases in criminal proceedings, the studies that prove that statement to be true are not taking into account the background and environment that the crimes occur in, simply looking at race and not any other factor of the case is not enough to prove a racial
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
Stand-your-ground Law - "Stand-your-ground Law." Wikipedia. The World of the. Wikimedia Foundation, 28 Mar.
Since the police officers have a lot of say in dealing with calls and crimes, they all vary in their approaches to doing so. For instance, one officer may think a call is not as important as another, while a separate officer may decide the first call was more serious and he/she may respond to that one first. This is the same problem with whether or not to use force. There are many factors that affect not only the officer’s decision to use force, but also the criminal’s choice of actions. If an officer is being rude or discriminating against a suspect, then that suspect may act in a more vicious manner. This could result in the officer deciding to use force. All officers may see a threat differently, resulting in different disciplinary actions. The use of force rules vary in different police departments. This is concerning to some because the citizens may feel that they are not being treated as equal as others. Other issues include illegitimate investigations, spying, which could result in an unfair judgement of individuals that result in the officer’s use of force (Walker 1993, 24). Some officers will report an unfounding crime, which affects the true data of lowering the official crime rate (Walker 1993, 24). These issues are occurring in society today and are common topics in the news. Citizens want to know how we can better our systems to create a safer environment for
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.
Police brutality is one of the most serious human rights violations in the United States and it occurs everywhere. The reason why I chose this topic is because police brutality happens all the time in the United States and still remains unrecognized by many. Additionally, the public should be knowledgeable about this topic because of how serious this crime can be and the serious outcomes that police brutality can have on other police officers and the public. The job of police officers is to maintain public order, prevent, and detect crimes. They are involved in very dangerous and stressful occupations that can involve violent situations that must be stopped and controlled by any means. In many confrontations with people, police may find it necessary to use excessive force to take control of a certain situation. Sometimes this makes an officer fight with a suspect who resists being arrested. Not all cops in communities are great cops. At least once a year, the news covers a story about a person being beat by an officer. The article “Minority Threat and Police Brutality: Determinants of Civil Rights Criminal Complaints in U.S. Municipalities” by Malcolm D. Holmes from the University of Wyoming, uses the conflict theory to explain why officers go after minorities sometimes causing police brutality. It explains the police’s tension with African American and Latino males. Those minorities are the ones that retaliate more against police officers which causes the officer to use violent force to defend themselves.
The use of force by police officers has been a widely discussed topic over time. Whenever force is used, especially deadly force, it needs to be determined if the force was necessary. There are many cases in history where deadly force was used by police officers in different scenarios. Over the past few years, this has been a major problem in the U.S. and has caused a lot of speculation of the police. Media has also played a big roll in the judgment of deadly force. The media has the ability to influence people’s opinions and make them believe certain things to be true even if they aren’t. There are various charts and guidelines that help determine when use of force is necessary. Most often, use of force depends on the situation and the danger that may be present. Police officers get a lot of heat from the public about using excessive force/deadly force when it is not necessary, however the public may be misinformed in certain cases. It is essential to thoroughly investigate all cases where deadly force is used to ensure that it follows all police guidelines and their handbooks rules of using force. A suspects actions influences the actions police officers
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.
Police brutality is an act that often goes unnoticed by the vast majority of white Americans. This is the intentional use of “excessive force by an authority figure, which oftentimes ends with bruises, broken bones, bloodshed, and sometimes even death” (Harmon). While law-abiding citizens worry about protecting themselves from criminals, it has now been revealed that they must also keep an eye on those who are supposed to protect and serve. According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer.