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.
Everyone in this world has a belief in a purpose. Sometimes not everyone is going to agree with you, so it's important that you stand up for what you believe in.
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.
The "Stand Your Ground" statute states that “a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground
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
Stand your Ground law states that a person may use deadly force in self-defense without the duty to retreat when faced with a reasonable perceived threat. When Stand your Ground laws were advocated in Florida and other states, their proponents marketed them as a reestablishment of a natural right, arguing “the duty to retreat has not always been a part of the common law”. The historical context may be misleading, allowing self-defense only when reasonably necessary, and a duty to retreat when attacked outside one’s home. The National Rifle Association seek to influence the Stand your Ground Law as a away for people to protect themselves. Though opponents who were against this law worried it would encourage the use of deadly force. For example, a 2004 case James Workman, a seventy-seven year old retiree who was sleeping in his RV, where an intruder busted into the trailer. James shot the intruder and had to wait months for the verdict. Prosecutors then decided the shots he
Should Have States Enacted The Stand Your Ground Law? In 2005, Florida became the first state in the United States to enact the Stand Your Ground Law. Before the enactment of this deadly law, the justifiable homicides per year was around twelve. Many incidents have occurred since 2005. In 2016 seeing the stand your ground law are no longer foreign but, domestic. Violent altercations, police brutality, and naive judgements are the main reason why America is America.
In November of 2007, a man living in the Houston, Texas area pulled a shotgun out and killed two men he believed were robbing a neighbor’s home. The 61 year old man called 911 and asked the operator to dispatch police to capture the two men. The operator warned the man to stay inside, but he responded to the operator stating, “I have a right to protect myself too, sir. The laws have been changed in this country since September the first, and you know it.” In the previous months, Texas legislature had passed a version of the Stand Your Ground law that removed a
The United States Constitution is a social contract between the U.S. government and its citizens, which promises their [the citizens’] rights and liberties will be protected. The Second Amendment in the Bill of Rights states that every citizen has the Right to Bear Arms; moreover, it means that an individual has the right to defend him or herself from physical harm. States are passing Stand Your Ground laws, which are similar to the Castle Doctrine (one has the right to defend oneself in the confines of his or her home), but the Stand Your Ground laws extend the range; instead, people may defend themselves using deadly force in any area they are permitted access (Jealous, 2013; Cox, 2013; Moore, 2012). Stand Your Ground laws contain flaws wherein predators or vigilantes may twist the law to their benefit, yet the Stand Your Ground laws are meant to justify the deeds victims must perform in order to defend themselves. Stand Your Ground laws are beneficial through their fundamental purpose, but how defendants are abusing the laws and how critics claim that the presence of a gun influences the victim’s decisions during an attack are detrimental to the enhancement of the laws.
What intrigued me the For instance, there’s no guard against a person being able to claim “self-defense” or “Stand Your Ground” after aggressively pursuing another person. Take for example, the case of Trayvon Martin. Zimmerman had no legitimate rights to pursue Trayvon. He was unarmed. Zimmerman instead felt like a vigilante, who is entitled to the Stand Your Ground immunity. In writing, the law is designed to protect and prevent an attack from one person to another, not the other way around. Nowhere in the original statute or the aforementioned bill does its say this, there’s still an obligation to retreat in Florida. Furthermore, I find it astonishing that in nearly a third of the cases defendants initiated, shot or pursued their victim. One would think with the on-growing statistic the passed bill would have address the duty to
“Stand your ground” law is beneficial to the state of Florida. “Stand Your Ground is a form of self-defense law that allows individuals to meet force with deadly force without an affirmative duty to retreat (standyourground.org).”The stand your ground law was adopted by Florida in 2005. additionally, twenty-two other states adopted this law, which is used in different situations in each state, but are very similar. The law was adopted from a 17th century English common law called Castle Doctrine. In the court case Lovett v. State, rather than creating a new defense law the stand your ground law broadens the scope of self-defense by establishing no duty to treat. Prior to the passing of broadening law, a person would first have to use every
Critical Reasoning and Battle Analysis: The Battle of Inchon SFC Anderson, Phillip SLC Class 15-004, 5th Platoon ABSTRACT Intelligence gathering and collection in the United States has significantly increased over time. This paper examines how intelligence reporting and pre-mission planning was crucial to the success of the United Nations involvement at The Battle of Inchon during the Korean War. By examining how intelligence played a role in this battle, you will be able to understand why it is important to gather and collect intelligence prior to every mission executed. Intelligence collection should be the baseline for all military operations. Inchon Landing has an ample amount of actionable intelligence; collected and disseminated appropriately we will discuss how it played a role in a low probability mission accomplishment to the last great amphibious assault in history. This paper provides detailed explanations on why The Battle of Inchon was a success and what could have been the outcome had it gone the other way.
Nicholas Navarre Ms. Kira Rensch AP Language and Composition 8 December 2014 Inform and Protect Georgia’s Safe Carry Protections Act Imagine going back a few years, sitting in your kindergarten class learning how to read and suddenly a man in a dark black costume breaks down the door and opens fire; seconds later blood is spewed about the wall, your teacher is dead, and all the children around you are crying. It is situations like this that caused House Bill 60 to be created. This bill “ allow(s) residents who have concealed carry permits to take guns into some bars, churches, school zones, government buildings and certain parts of airports”. (Sayers and McLaughlin) This guns everywhere law should be protected, and everyone should
The Castle doctrine is a law that permits citizens of the United States of America the right to use deadly force to protect themselves, their family, and property against anyone who invades their space or privacy. The “Castle Doctrine” also known as the castle law is derived from common law in England which states that a man’s home is his castle for that reason he or she has the right to defend it. This doctrine can be interpreted differently from state to state, but this paper will elaborate on how the state of Delaware and Florida define the law and its level of protection, such as indoors, on private property, and in public places. Ever since the Castle law was introduced in the US, some states have embraced it and used it effectively. The Castle Doctrine law provides the individual with two options for defending themselves. First, you have the right to stand your ground and second, you have the duty to retreat. In order for an individual to make a choice in a self-defense situation, they need to