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Research on "stand your ground law
Research on "stand your ground law
Research on "stand your ground law
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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.
Stan your ground laws and the castle doctrine have been supported by many groups, because they argue that this allows citizens to protect their family, home or property without the fear that they will be persecuted for their actions.
However this laws have sparked a lot of controversy since they were passed in 2005. Many saying that this gives people a license to kill. One of the most famous cases that initiated this controversy is the shooting of Trayvon Martin in Florida. Who was shot by George Zimmerman, an armed neighborhood watch patrolman, who shot and killed the unarmed Martin after pursuing him. Although Zimmerman
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apparently perceived Martin as a threat, at the time of his death Martin had no weapon, but was instead carrying a bag of Skittles candy. Zimmerman claimed he killed Martin in self-defense, and under Florida’s stand your ground law the police were forced to let him walkway in the night of the homicide. In Florida, self-defense claims tripled in the years since this law went into order.
The law's critics argue that Florida's law makes it very difficult to prosecute cases against people who shoot others and then claim self-defense. The shooter can argue that he felt threatened, without there being any threat, and in most cases, the only witness who could have argued otherwise is the deceased. Before passage of the law, Miami police chief John F. Timoney called the law unnecessary and dangerous in that "whether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be
used”. According to state crime stats, Florida averaged 12 “justifiable homicide” deaths a year from 2000-2004. After “Stand your Ground” was passed in 2005, the number of “justifiable” deaths has almost tripled to an average of 35 a year, an increase of 283% from 2005-2010. But supporters of this law claim that the numbers are going up because the laws are working, This law can be a double edge sword, because in the past it has been used for criminal purposes. It's happened on multiple occasions, say critics of the law. According to “One such case occurred in 2008, when a wild gunfight broke out between rival gangs outside an apartment block in Tallahassee. Some 30 shots were fired, and one of them resulted in the death of 15-year-old Michael Jackson. Two young men were arrested for his murder, but they were subsequently freed after claiming they had acted in self-defense. An angry Judge Terry Lewis said he had no choice but to order their release.”
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...
Trayvon Martin was killed by a neighborhood watchman, George Zimmerman. He says that it was self defense, but after the tragic phone call was released to the media everything took a huge turn questioning if it was a hate crime. If Zimmerman would have stayed in his car that night then Trayvon would still be alive. It could not be self-defense if all Travon had in his hand were skittles and some tea. The whole thing blew up right after it was released to the news. Then when it was time for the trial it was live on television. During the trial and after the verdict is when the social media started to go crazy.
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.
Domestic Violence is a world-wide problem but in America it is amplified with the ready availability of guns as in this article regarding Dr. Albert Lambert of Florida. Dr. Albert Lambert purchased a gun October 6, 2013 and a gun cleaning kit for a 22 caliber ten (10) days prior to the murder of Kimberly Lindsey (WPBF.com). This brutal act of domestic violence leaves three children without a mother and subsequently a father. This incident has flooded the radio, newspapers, television and internet since the ordeal started in West Palm Beach, Florida on October 27, 2013 and ended on November 4, 2013 in Miami as Sheriff’s deputies discovered Lambert’s sister and boyfriend removing Lambert’s corpse from her sisters Miami home upon their arrival to arrest and charge Dr. Lambert for the death of his ex-wife Kimberly Lindsey.
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
On March 12, 2012 Bill Lee, the Chief of Police for Sanford Florida, explained Zimmerman had not been arrested because the police found no evidence to refute Zimmerman’s self-defense claim (Timeline of events: Trayvon Martin shooting case). Then the media decided to bully the state of Florida into bringing Florida by influencing public opinion. One of the ways the media achieved this was by making it seem like the reason there was no evidence to refute Zimmerman’s claim of self-defense, and Zimmerman’s eventual acquittal, was because of the controversial law in several states, including Florida, known as “Stand-Your Ground.”
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.
middle of paper ... ... It is astonishing how the number of homicides, right after the 1997 gun control law took place, jumped drastically. This is just further evidence that strict gun laws will not protect people from violence. So even with all the shootings and random acts of violence, gun control laws should not happen because people will be safer with guns around.
The 1982 Kennesaw gun ordinance is a law that is known around the world as the city that requires everyone to own a gun. The Kennesaw City Council passed a law ordering that each household within the city limits own a gun. Over decades, this law has become unenforceable but with the city’s reputation of this gun ordinance, it seems that crime rates are lower than any other city in the country. A councilman, J.O. Stephenson spoke of the ordinance after it was passed, “People went crazy. People all over the country said there would be shootings in the street and violence in homes. Of course, that was not the case” (Gun Ownership- It’s The Law In Kennesaw). In reality, the city’s crime rates plummeted. Kennesaw State University is not within the city limits of Kennesaw, but when the law passed, the crime statewide dropped 10 percent benefiting the University.
The crime rating in Kennesaw went down 89% since the law was passed. It has stayed consistent for over 16 years now (Gun Ownership-It’s the Law in Kennesaw). It is these peoples right to own a gun and now it is their law in Kennesaw. The Second Amendment in the Constitution states “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (Second Amendment). The Second Amendment of the Constitution was created to help the people feel like they could defend themselves. It was given to the people just as the law of Kennesaw Gun Ordinance so they could have an opportunity to defend themselves and make everyone feel more comfortable in day-to-day
I believe that gun control shouldn’t be enforced because we can use them as our protection as self defense when being robbed. In the text it says that “an armed civilian killed a shooter, after he committed a crime. The armed civilian shot the bad guy after he did something he had no business doing. The bad guy could’ve been hurting someone
This case is about a 16-year-old kid from Miami named Trayvon Martin. On the night of February 26th, Trayvon walked from his father's house in a gated community to a nearby store. When walking back, he was spotted by George Zimmerman, a 28-year-old neighborhood watch volunteer. There have been a number of break-ins in the neighborhood over the last few weeks and Zimmerman thought that a young black man walking in the rain and wearing a hooded sweatshirt looked suspicious. Zimmerman then called 911 to report the person who "might be on drugs."
One of these major incidents occurred in the past few years was the Sandy Hook School Shooting in Newtown, Connecticut. 20 year old Adam Lanza fatally shot 20 kids and six adults school faculty members and ultimately committed suicide by shooting himself (Flegenheimer, 2013). Another shooting occurred in a Colorado movie theater, where James Holmes shot 70 people that led to 12 deaths in July 2012 (CNN Library, July 2014). On February 26, 2012 an incident occurred between a Floridian resident and neighborhood watch coordinator, George Zimmerman, who reportedly shot and killed a sixteen year old boy, Trayvon Martin in self- defense (CNN Library, February 2014). However, many people feel that the shooting was uncalled for because Martin was unarmed and he was walking in the same gated community he was currently living with his father. These stories are just a few that calls to attention the importance of personnel gun restrictions needed in this country. After reviewing these incidents, now the real question is, "Could these incidents and other countless of gun related criminal acts have been avoided if there was just an increase of firearm restrictions
“Pro-gun” groups will argue that any person who is trained in the use of firearms have the right to own a firearm (Lindgren, 2015). When the Second Amendment was written in 1791, flintlock rifles were the standard firearm which were very inaccurate and, with a skilled shooter, only shot about two rounds a minute (Bowman, 2016). Since then, advances in weaponry have dramatically increased, further outdating the amendment. However, to supplement the Second Amendment, The Omnibus Crime Control and the Federal Gun Control Act of 1968 significantly increased regulations of obtaining firearms and ammunition (Vizzard, 2015). To further fuel debates about the Second Amendment, lawmakers passed the Stand Your Ground Act, which protects the rights of a private citizen to defend themselves through deadly force if they feel their life is being imminent (Mantel,