In recent years, the question of how self-defense is justified has been prominent in communities all over the nation. The “Stand your Ground” laws were enacted to give victims the right to fight back when faced with a life-threatening situation. Events that have occurred after enacting this law have brought forward anger and push back from communities who have been effected. The criminal justice system and the public frequently disagree on the pros and cons of the “Stand your Ground” laws and therefore not all states have passed it. This paper will discuss the origin of the “Stand your Ground” laws, the conflicts that have risen it, and the pros and cons.
A stand-your-ground law is a way that a criminal defendant can defend themselves with
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While advocates of stand your ground believe that it is empowering to people and is an enhancement of safety rights, critics believe that it can often be used as a racially motivated infringement on civil rights. A study of the racial and violent impacts of stand your ground at Texas A&M University found that murder increased by up to 8% in states that had adopted Stand your Ground laws. The conclusion was made that the implementation of these laws was a possible cause of increased homicide rates in these states. The increase in lethal force became seen as an inevitable effect of the stand your ground laws. Based on FBI crime statistics, it is more likely for white people’s actions to be found justifiable in the killing of a black person than it is for the case of black people killing white people. It was also found that in states where there are stand your ground laws, a white person was more likely to be exonerated for a killing than in states that did not have these laws. While the evidence is indicative of racial bias, there are still many other factors that can affect the outcomes of stand your ground cases. The data does not consider the location of the killing, nor does it consider the socioeconomic issues of the area. Stand your ground allows for broad interpretation depending on the circumstances surrounding the case, as well as the interpretation of many
Buehler, J. W. (2017). Racial/ethnic disparities in the use of lethal force by US police, 2010-2014. American Journal of Public Health, 107 (2), 295-297. In Buehler’s article, he attempts to disprove a study that found no racial disparities in killings that law enforcement were responsible for.
Of these 134 cases in which the Stand your Ground defense was used, 56% were ruled justifiable, 39% was ruled unjustifiable. Forty-four African Americans have used the SYG defense in Florida, and of these forty-four cases, it was determined by a court of law that 24 (55%) were justified in their use of deadly force. Since the passage and inception of the stand your ground law, less than 52% of whites who used it as a defense were found to be justifiable in their actions. Of these 134 cases 19% saw the death of children and teens. According to the FBI Uniform Crime Reports homicides victims in justifiable homicides have dramatically increased within twelve years from 2000-2012.
Stand Your Ground laws reduce the cost of using lethal force to stop crime. As a result, a shooter [person defending themselves] “need not be correct in his perception of danger,” and can lead to them being wrong and “a victim’s life is lost needlessly” (Lawson, 300), thus leading to an increase in homicide rates under the Stand Your Ground law. With the Stand Your Ground law an unarmed man can be shot by “armed citizens who claimed a right of self defense due to perceived threatening behaviors” (Gius, 329). Looking specifically at homicides and using a larger data set, US Vital Statistics, a study by McClellan and Tekin (2012) also found that “Stand Your Ground law resulted in an increase in homicides” (Guis,
In 2005 Florida passed the country 's first titular Stand Your Ground (SYG) law. In only nine years after the SYG law had been passed in over twenty-three states, changing the lawful scene of self-protection. SYG law states that one has the right to use deadly force when his life, properties, family and home are in danger. Generally, the law means that one can shoot first and then ask questions. The Florida legislators, who passed the nation 's first SYG law, use every available opportunity to tell the story of James Workman, “an old man from Pensacola, FL. who shot an intruder who tried to loot his hurricane-destroyed home” (Montgomery, 2012).
The law is designed to protect innocent victims. “It does not have any provision to protect original aggressors.” (Contributor). The stand your ground law is extremely biased towards who has a better luck at getting away or being able to successfully use the stand your ground law as defense. For example, the way the government prosecuted the Black Panthers vs other legal gun owners.
Thesis: The state of Florida Stand your ground laws give the impression set against the minority, benefit the majority and exhibit loopholes that leaves the innocent without life. A. Stand your ground law was first pass in Florida were homicide is at its worst. B. The Stand your ground law set a pattern of allowing the guilty to be innocent and the innocent to be guilty. C. Shoot now and ask Question latter is not a peaceful answer to the problem in an environment with principles and laws that will protect the human race.
According to “YourBlackWorld” in Detroit, a man named Darrell Standberry was going inside to pay for gas, looking back at his car he saw a man get into the driver's seat of his car. Darrell and the man meeting eye to eye the man pulled out a gun and when Darrell saw what he had, Darrell pulled out his gun and shot the man as he was driving off causing him to crash and die from the gunshot wound Without the Stand Your Ground Law Darrell would have had consequences for stopping the car thief. Critics will argue that Stand Your Ground Law will promote violence. But statistics say otherwise, ever since Stand Your Ground Law launched in Florida It has decreased violent crime rates by 23%.---- The Stand Your Ground Law provides protection for U.S. Citizens.
The law protects the innocent from being wrongfully persecuted and is an extra layer of protection. Fear of death is the worst possible fear of all. “Fear in American society today is at levels unknown in history” says Mr. Grossman (Germani Clara). People buy guns for their reasons. The negative attitude towards the stand your ground law is often caused by a lack of knowledge and misinterpretation of important information.
Although the specifics vary by state, a common implementation as seen in the state of Alabama is that "as long as someone is somewhere lawfully and is not engaged in illegal activity, the person has no duty to retreat from an attack and has the right to stand his or her ground” (Fair). In states that do not have stand your ground laws, a victim is expected to make every possible attempt to flee from their attacker before resorting to fighting back (Roberts). This creates a potentially dangerous situation, where a victim of violent crime sacrifices their upper hand in a confrontation out of an attempt to adhere with the law. This also empowers the attackers, as they know that their victims cannot legally fight back with lethal force. Stand your ground laws create a situation where criminals are immediately stopped in the act.
According to the Bureau of Justice, weapon arrests are 5 times greater for blacks compared to whites; numbers reading 69 for whites and 430 for blacks. Progressives will argue that the disparity reflects on the institutional racism in the criminal justice system. Others say the disparity is due to the fact that black people are disproportionately more likely to commit such crimes. There 's truth to both, yet there 's no disputing the figures. Much of it comes down to professional discretion.
In actuality In Florida, at least, support for stand your ground remains strong. A Quinnipiac poll found that 56 percent of respondents in the state said the law makes society safer. According to the classical liberal worldview, good citizens must always be prepared to defend themselves and others from criminal usurpation. In its most basic form, the right to self-defense allows a person to justify the killing of an attacker if the person reasonably fears death or great bodily harm at the hands of the attacker.26 The cornerstone of self-defense is the reasonableness
Throughout history, disputes and tensions between law enforcement officials and communities of minorities have endured hostility and violence between each other. Racial profiling has become a “hot topic” for researchers as well as for politicians and by now it is likely that most citizens are at least aware of the common accusations of racial bias pitted against law enforcement (Cochran & Warren, 2013). Communities of color are being discriminated against and racially profiled by white police officers for any suspicion of criminal activities. It has been widely assumed by policy makers and citizens alike that allegations of racial profiling are mostly associated with the policing practices of white officers and their treatment of racial and ethnic minorities (Cochran & Warren, 2013). Also, individuals of minority descent will certainly recognize that they are being racially profiled during a stop that is being conducted by a white police officer.
The authors suggest that interventions aimed at reducing implicit biases and racial anxiety may be effective in reducing the incidence of police use of force against minority groups. They also emphasize the importance of addressing the connections of race and other social identities in understanding police behavior. As the article that was previously mentioned research has discovered that people of color tend to be “stopped, searched, arrested, and convicted of crimes, even when controlling for factors such as crime rates and other demographic characteristics” more than white individuals (Spencer). This goes on to show the logical reasoning behind the existence and impact of racial profiling and discrimination in the criminal justice system. Much of this information is gathered from academic resources provided on the school library website or from other educational institutes.
First, the pro viewpoint is Stand your Ground laws allow citizens to protect themselves and their property without fear of prosecution. For instance, the law is effective; it is just misunderstood. Bradford Cohen, a past president of the Broward Association of Criminal Defense Lawyers, and
Protection against quartering is the third Amendment in the Bill of Rights. In simplest terms, it is saying that soldiers do not have the right to take over your home to stay there, no matter what state our country is in. It addresses a time in our society when the right to our own homes, and the right to privacy were not automatically given to us. This was a time when we didn’t have any rights, and we had to earn them. Something like privacy would seem like an unalienable right, wouldn’t you think so?