Self-Defense Legislation

Firstly, what exactly is The Stand You Ground Law? The Stand Your Ground law is a law that expands the Castle Doctrine. For you who are not quite sure what the Castle Doctrine is I will explain. The Castle Doctrine which can also be identified as the make my day or castle law is a doctrine which allows individuals permission to use force, even deadly force to protect themselves against an invader within their home. Previously, as I stated, the Stand Your Ground Law is a law which expands off of the Castle Doctrine. For example, the Stand Your Ground Law provides a person the opportunity to protect themselves if they feel their life is in danger, however unlike the Castle Doctrine, a person can even protect themselves outside of their homes. The Stand Your

Though each state that has enacted this law has its own interpretations and specifications, the Stand Your Ground Law generally permits the use of deadly force when a person feels a threat of death, serious bodily harm, rape, kidnapping, and robbery in most states, even if there is an option of retreat. The current Stand Your Ground Law, passed by legislation in 2005, applies to public settings; the Castle Doctrine is basically a Stand Your Ground Law that applies to the defense of oneself in a private abode or home. States currently enacting this law include Florida, Alabama, Michigan, Indiana, Nevada, Utah, and 17 others. Stand your ground law provides legal protection for protecting oneself and property at all costs and prevents civil lawsuits.

The second amendment of United States constitution said “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”. This amendment was embraced on December 15, 1791, taking in consideration that American citizens have a natural right to self-defense and they can help to accomplish the following purposes:

It is not very likely of being attacked when someone armed. Criminal's fear armed citizens. Victims who used guns for protection were less likely either to be attacked or injured than victims who responded in any other way (Long 112). According to the U.S. Justice Department victimization studies, a citizen that uses arms stands not only a greater chance of avoiding injury than his or her unarmed counter part, but also increases his or her odds of failing the criminal assault (Long 104). The police force went on strike in Albuquerque, New Mexico. During this time the crime rate decreased because frightened citizens armed themselves and protected their homes and businesses (Media Watch). Criminals did not want to face indignant citizens protecting their own property with the same force the criminals used to steal it.

The second amendment has protected and shown that it is being used in cases of self-defense. In Measuring Civilian Defensive Firearm Use revealed that United States civilians used guns in self-defense from crime at least 980,000 times per year. This survey shows how many citizens are using guns to defend themselves which would otherwise have been seriously harmed if the individuals did not have the firearm to defend themselves. A gun was used in 980,000 cases for self-protection. In Armed Resistance to Crime, a 1993 a nationwide survey conducted in about 5,000 homes found that over five years, at least 3.5% of households had members who had used a gun “for self-protection or the protection of property at home, work, or elsewhere.” This amounted to around 1,000,000 incidents per year. This excludes all “military service, police work, or work as a security guard." Citizens who had possession of a gun were able to defend themselves in such cases. This brings up the point that many people are exercising their second amendment right accordingly and using it in cases of self-defense. It has also been shown that criminals have avoided or retreated from civilians believed to have a

Title XLVI of the Florida Statutes Chapter 776 talks about when, how and where a person can use deadly force to protect him or herself. Also it talked about when it is justified to do so. It further explain the term stand your ground and the right to retreat.

To begin, what is the “Stand Your Ground Law”? Well many states such as: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia have stand your ground laws which state that individuals do not have to retreat before using force in a self- defense situation or many states have laws that are remarkably similar to stand your ground laws. Stand Your Ground laws started in 2005 when Florida was the first state that passed the stand your ground law which basically allowed individuals to stand their ground instead of fleeing or retreating if they believed

Generally deadly force is only allowed when defending one’s home or against a life threating crime the defendant must use force immediately or in “hot pursuit.” Under common law a person can only use non-deadly force to recover personal property immediately after taken, as deadly force may not be used only to protect

The Second Amendment states that people have the right to bear arms, but this is one of the most controversial and most-debated amendments. This is due to the fact that guns are dangerous, and are not always only used for self-defense. Guns have been used to kill children and faculty in schools, to violently make a political statement, and to threaten and scare citizens. Yet, the Second Amendment still stands. In a recent case, the Supreme Court interpreted the Second Amendment.

Eagen was in a situation where his instructor, and possibly other students, were in danger. Each state and the federal government allow for the right to self-defense. However, states have developed rules which define when self-defense is allowed. Factors that must be examined are the imminent nature of the threat, reasonable nature of the threat, proportional response, duty to retreat versus stand your ground, and beyond.

At the same time, weapons can protect from crime. Police are equipped with guns. The military uses rifles and explosives to “secure the blessings of liberty.” And yes, weapons can be used to defend one’s self in their own home. The castle doctrine, more commonly known as the “Make My Day” law, states that if someone is attacked on their property, they may use deadly force to defend themselves. There was a road rage case in Florida where castle doctrine was used. A couple was driving and got into a minor car accident. The passengers of the other vehicle started to beat the woman’s boyfriend, and she stabbed them both in self-defense. Some witnesses declared that if the woman had not acted, her boyfriend would have been killed.

The Second Amendment of the United States Constitution reads: “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.” The constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.

According to The Second Amendment of the Constitution, the citizens of the United States have the right to own and bear arms, in order to form a well-regulated militia for the security of the states. This right has been discussed for decades as an important issue for the American society, and it has been one of the most controversial issues in the second half of the twentieth century until nowadays. This right germinated with the threat to freedom that the standing army of professional soldiers brought to the Americans. Some argued that the right to bear arms is mainly concerned with self-defense while others argued that this right was implemented to avoid militia disarmament and protect the Free State. This right was

The castle doctrine is when a person is able to use (in some states) lethal force if they are threatened and that person will be protected by law. The stand your ground law is basicly the same thing if they feel the threat is reasonable and is perceived. Bad people have weapons and are hurting innocent people that need to be able to protect themselves, and in some cases, use deadly force(U.S. news

careers when use of force is appropriate—for example, in making some arrests, restraining unruly combatants, or controlling a disruptive demonstration. When the level of force exceeds the level considered justifiable under the circumstances, however, the activities of the police come under public scrutiny (Adams, 1999).