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The debate over whether or not Stand Your Ground laws are necessary is a hefty topic. These laws, which give people the ability to defend themselves if threatened, spark lots of controversy over whether or not they are necessary. They have helped out the general people as well as involved big names and politicians in the topic. Some of the stories of such victims also put another view into the world.
Stand Your Ground laws are defined as a law that protects an individual from government prosecution for defending him or herself, instead of first making an attempt to flee and being unable. This law makes the individual who is being attacked be able to defend themselves right away as long as they are threatened instead of having to make an attempt to flee before being able to defend themselves as told by Elkin (2018). These laws have been around since they were first passed in 2005 in the state of Florida. Since then they have spread to 28 states all over the U.S. In many cases, this law has been challenged and questioned almost since it was passed. One of the first major reviews of the law was held back in 2012 and led by a black Florida Republican governor who was in favor of the law, explaining how it was helpful to the people who may get into bad situations by bad people.
The law as told by Jonsson (2012) implies that anyone who is threatened on their own property does not have to first make an attempt to escape before engaging in lethal force. The law is designed to help such individuals to be able to confidently defend themselves against attackers without the fear of criminal prosecution. Gaetz (2018) also explains that instead of these individuals being at the mercy of the attacker, this allows them to defend themselves comfortably using any force necessary and be safe from government prosecution. Elkin (2018) exclaims how in other states one must first make an attempt to flee and only if that attempt is failed or cannot be made can they use lethal force against the attacker. At this time the law is said to be passed in over 10 states mostly in the South.
With any law comes a lot of opposition. A lot of these oppositions occurred while in a court hearing, like the 2012 Zimmerman case, led by the black Florida Republican governor. In this case, George Zimmerman shot and killed 17-year-old Trayvon Martin, killing him. Because of Florida’s Stand Your Ground laws, Zimmerman was released without any charges. His case was very controversial with many believing the law is flawed. Even though Zimmerman felt threatened enough to discharge his weapon at Martin, many believe the case was not a Stand Your Ground case. Many people want to change this law to make it better to interpret these scenarios coming from Jonsson (2012). With the belief by people that this law was not a Stand Your Ground case, people are also questioning whether this case was an act of racism and targeting or other cases similar. Some believe that this gives these “Defenders” an excuse to shoot unarmed black men as a racist attack on them and targeting.
Elkin (2018) gives another case to look at involving Michael Drejka who fatally shot a man after being knocked to the ground. The Pinellas County sheriff declined to arrest Drejka after the incident exclaiming how it was viable under the state’s Stand Your Ground law. Many critics believe his use of force was unnecessary in that instance. Many critics believe the Stand Your Ground laws promote a legal racial bias. In other words, they believe that this law entitles people to shoot unarmed men of color and use this law as a “get out of jail free” card. This is what many believe which creates another controversy over the law.
Involving gun laws, conceal and carry is a big reason these Stand Your Ground laws occur. When people have their conceal and carry, they have their guns with them, and when they have their guns with them in a state with a Stand Your Ground law, it is believed some to have an increased case of violence. Because of this, some lawmakers feel it is necessary to tighten the restrictions on the concealed permit so that it doesn’t end up in the hands of a bad-minded person, or someone who is unfit to carry. The argument against this is that those who obtain the concealed carry permit are obtaining it legally and after going through a very lengthy process to obtain it, including extensive background checks, training, and even fingerprinting. Emord (2012) exclaims These same lawmakers also make a statement about how it is impossible to tell who the next victim will be of a crime. Because of this, it is also impossible to tell who should need the concealed permit and who shouldn’t be based on that information. With more regulations, it makes it difficult for those individuals to prepare to defend themselves from any attack which could happen at any time.
Stand Your Ground laws said to Gaetz (2018), do not condone an excuse to use unnecessary force against an innocent person suspected of being bad, but protect the citizens. They also protect law enforcement from such prosecutions against them. An example of this would be if an officer is after an individual and he feels threatened. If the individual is taking something out of his pocket and starts to run toward the officer. The officer can then shoot the individual who he suspected was attempting to harm the officer. This is another controversy in itself as this sort of thing happens all the time. It is the same scenario with civilians if they are in a situation where they feel threatened.
Ballinger (2017) points out that the people allowed carrying their weapons concealed would be those who pass through all of the background checks necessary to obtain the license including fingerprinting. Because of this, they are not a threat to society as they are obtaining the permit legally. They would then be able to carry their weapons with them wherever. The criminals on the other hand will not obtain a permit at all and will more than likely carry the weapon instead anyway. This is another reason why those who go through the process to obtain the permit should be trusted enough to not have to regulate it more.
Gaetz (2018) is a U.S. representative for the state of Florida. He explains how the Stand Your Ground Laws are simply common sense. He tells a story about a woman who had fallen victim to a robbery. Even worse things would have happened to her had she not been carrying a concealed weapon on her. After she tripped and fell she regained herself and pulled out her weapon and shot the man and defended herself and saved her life. Gaetz explains how he believes this is a common sense scenario that it was not murder but self-defense because of the Stand Your Ground laws, which he approves of. Gaetz also explains how he believes that the Stand Your Ground laws, “do not promote a Wild West mentality – they prevent it. He also believes these laws protect the people as well as law enforcement alike. Citizens have a right to protect and defend themselves. They should not be forced to flee when under attack. Likewise, law enforcement officers should have the ability to serve and protect citizens without fear of prosecution. Stand Your Ground laws serve our citizens and our law enforcement heroes alike – we owe it to both to preserve these important laws.”
Elkin (2018) tells us, those who believe in this law exclaim how they believe people have a right to defend themselves in any place they are allowed to be. “Supporters of ‘stand your ground’ laws say they give people the right to protect themselves. Former Florida Gov. Jeb Bush defended the law at the National Rifle Association’s 2015 annual meeting in Nashville. ‘In Florida, you can defend yourself anywhere you have a legal right to be,’ he said. ‘You shouldn’t have to choose between being attacked and going to jail.’”
In Emord’s (2012) case, with the handgun regulation, it was declared by the judge that the handgun regulation for the state of Maryland interfered with the second amendment right to bear arms. The judge believes this regulation went against the right to bear arms and exclaims how it is a decision made by those who wish to take the citizen’s rights away to have guns outside the home for self-defense, which could be used to protect themselves in case of an attacker wishing harm upon the individuals. It also is pointed out what the judge believes the term “bear” means, “In an important part of the decision, Judge Legg interpreted the term ‘bear’ in the Second Amendment (‘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’). He reasoned that the term ‘bear’ plainly implies a right to possess arms outside the home. Quoting from the Supreme Court’s decision in District of Columbia v. Heller (2008), he explained that the meaning of the term ‘bear’ is to ‘wear, bear, or carry…upon the person or in the clothing or in a pocket, for the purpose…of being aimed and ready for offensive or defensive action in a case of conflict with another person.’ There is in this meaning no restriction that would limit the exercise of the right to the home.”
Some of the experiences in more detail are told by a few people. Jonsson (2012) revealed the big question that many believe this law is used unfairly, “It’s not clear if Zimmerman’s lawyers will claim a Stand Your Ground defense. Some experts have said it may not apply, because Zimmerman fired his gun after ending up on his back, meaning that he was not in a position to invoke the law. Other legal experts have suggested that the Stand Your Ground law should have applied to Trayvon if anyone because he appears to have stood his ground against an armed stranger confronting him on a dark street.”
Gaetz’s (2018) story of the woman who was attacked but in more detail. A woman who was all on her own one night was grabbed one night by an attacker who threatened her life. She kicked her way out of his hands and doing so broke her ankle slammed her head and fell on the ground, but she didn’t give up and grabbed a revolver and shot the assailant causing her to escape. She is not a murderer because of this and is protected by Florida’s Stand Your Ground Laws.
Emord (2012) has their story prior to that court hearing regarding handgun regulations, Supreme Court Justice Stephen Breyer was out vacationing at his other home on the Caribbean island of Nevis. He was there with his family and friends when a machete-wielding attacker threatened them when he came to rob them. None of these men had any concealment, which could have stopped an attacker from robbing the men, which is the case in Maryland.
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