Deciding Whether The "stand Your Ground" Law Is Good Or Bad
This self-defense doctrine was designed to protect citizens
, homeowners, and even law enforcement representatives from unlawful persecution when facing extreme threat. Unfortunately, there have been many cases of unexpected circumstances where defense attorneys have been able to take advantage of this law in order to release legitimate criminals.
As a result of the negative publicity currently surrounding "stand your ground" laws and cases such as those with Trayvon Martin in Florida, a significant debate has grown around whether states should continue to support "standard your ground" laws. To get a real understanding of the pros and cons associated with this law, the following addresses the arguments of both sides, allowing you to create an opinion based off of your interpretation of the arguments.
Arguments Supporting the "Stand Your Ground" Law
As previously stated, the original reasoning behind the "stand your ground" law was to protect citizens from individuals who intend to do them harm. One of the primary arguments utilized in support of this law is that bad people are armed, stand their ground, so citizens need to be able to do this as well. Whether events occur in a parking lot, in your home, or in public, this law protects citizens who have to use any form of force to defend themselves.
Another stance of support for the "stand your ground" law is found with creating greater clarity for law enforcement officers trying to protect themselves. Any officer involved shooting is carefully researched to determine whether force was necessary. When an officer feels threatened as a result of a suspect" actions or potential weapons, the law protects these officers when the use of deadly or extreme force becomes necessary.
The final argument of support which encourages the "stand your ground"law is found with real situations were individuals have protected themselves. When a person is a victim of a crime or home invasion, they should not have to concern themselves with whether or not they will be prosecuted defensive actions. The utilization of this law protects every citizen who is under threat and is required to utilize deadly or physical force for protection.
Arguments Against the "Stand Your Ground" Law
While there are many individuals who support the utilization of the "stand your ground" law, there are just as many individuals who have significant concerns about the legitimacy of this law. One of the first legal concerns associated with this law is that no individual is required to display a burden of proof beyond their own opinion that they were in danger. This open door of opinion can create any scenario where a person may feel they are in danger and ultimately utilize lethal force.
Another concern currently influencing the arguments against the "stand your ground" law is found with the twisting of the law and how individuals are utilizing this law to escape prosecution. As previously identified, individuals can create a variety of different scenarios where they may feel they are in danger and then have just cause for utilizing legal force. An individual robbing a convenience store may have the intention of simply stealing money but when they feel in danger when a clerk pulls a weapon, they suddenly have a defense for murder.
Finally, there is a concern associated with where the "stand your ground" laws are being warped based on public opinion and the location which cases are tried. A prime example of this is when a black person has been killed the law has protected 73% of the individuals who have utilized deadly force and if a white person has been killed the law has only protected 59% of the individuals who have used deadly force. This type of social profiling can be extremely negative since it creates an air of inequality when it comes to legal proceedings.
Understanding the arguments of both sides helps to create a greater opportunity for you to develop a quality opinion on whether the "stand your ground" law is good or bad. If you like additional information on this topic or any form of legal support, consider contacting DUI lawyers Lakeland.
by: MArc Summers
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