FL Common Sense/Stand Your Ground Law
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Posted By: Tureka Moore on March 27, 2012 Fl Common Sense or Stand Your Ground Law common-sense law says: If a person is attacked in "any place where he or she has a right to be," there's no duty to retreat, but instead there's a right to "stand his or her ground and meet force with force, including deadly force" if necessary. Former Gov. Jeb Bush had this to say seven years ago when he signed a sweeping new Florida gun law: "It's com...mon sense to allow people to defend themselves. When you're in a position where you're being threatened to have to retreat and put yourself in a very precarious position defies common sense." What Happen to the Common Sense in Trayvon Martin Case? Well it went right out the door. The police told Zimmerman to STOP following Martin they will take care of it. But he continued to follow aka go after this young man. I guess he was afraid the Skittles where going to make him chance the the rainbow. I don't know. But let me break this law down and see if I make common sense. If a person is attacked in "any place where he or she has a right to be," there's no duty to retreat,(Trayvon didn't know attack or attempt to attack Zimmerman. Zimmerman followed Trayvon after seeing him using a short cut to go home. And because the way he was dressed considered him a threat.) but instead there's a right to "stand his or her ground and meet force with force, including deadly force" if necessary. (There was no force. If anything Zimmerman force Trayvon to walk faster, because he was following him. SO WHERE IN THE LAW JUSTIFIES ZIMMERMAN SHOOTING THIS BABY DOWN? Now let's flip the script. If Trayvon was in Zimmerman shoes and Zimmerman in Trayvon shoes would Trayvon be in charged and in Jail for 1st degree murder? All States with this Stand Your Ground Law didn't not this out. A similiar incident happen in 2007 in Texas right after their law pass. So this story on either MSN or HLN. Theses are the states with the STAND YOUR GROUND LAW: Presented By 23 Other States Have 'Stand Your Ground' Laws, Too Reuters Share Print article Email article Comments (32) Cora Currier, ProPublica 12,154 Views Mar 22, 2012 "Stand Your Ground," "Shoot First," "Make My Day" state laws-asserting an expansive right to self-defense-have come into focus after last month's killing of 17-year-old Trayvon Martin. While local prosecutors have not arrested the shooter, George Zimmerman, the case is now being investigated by the Department of Justice and a Florida state attorney. It's not clear whether Florida's self-defense law will be applied in the case. (The police report on the shooting refers to it as an "unnecessary killing to prevent unlawful act.") Still, in not arresting Zimmerman, local officials have pointed to Florida's wide definition of self-defense. In 2005, Florida became the first state to explicitly expand a person's right to use deadly force for self-defense. Deadly force is justified if a person is gravely threatened in the home or "any other place where he or she has a right to be." In Florida, once self-defense is invoked, the burden is on the prosecution to disprove the claim. Most states have long allowed the use of reasonable force, sometimes including deadly force, to protect oneself inside one's home-the so-called Castle Doctrine. Outside the home, people generally still have a "duty to retreat" from an attacker, if possible, to avoid confrontation. In other words, if you can get away and you shoot anyway, you can be prosecuted. In Florida, there is no duty to retreat. You can "stand your ground" outside your home, too. Florida is not alone. Twenty-three other states now allow people to stand their ground. Most of these laws were passed after Florida's. (A few states never had a duty to retreat to begin with.) Here's a rundown of the states with laws mirroring the one in Florida, where there's no duty to retreat in public places and where, in most cases, self-defense claims have some degree of immunity in court. (The specifics of what kind of immunity, and when the burden of proof lies on the prosecution, vary from state to state.) Many of the laws were originally advocated as a way to address domestic abuse cases 2014 how could a battered wife retreat if she was attacked in her own home? Such legislation also has been recently pushed by the National Rifle Association and other gun-rights groups. Alabama, Arizona, Georgia, Idaho, Illinois (The law does not include a duty to retreat, which courts have interpreted as a right to expansive self-defense.) Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, North Carolina, Oklahoma, Oregon (Also does not include a duty to retreat.) South Carolina, South Dakota, Tennessee, Texas, Utah Washington (Also does not include a duty to retreat.) West Virginia If you didn't know now you do. If you enjoyed this article, Join HBCU CONNECT today for similar content and opportunities via email! |
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Tureka Moore
From Portsmouth, VA Other College... class of 1997 Member Since March 2012 |
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