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The stand your ground law
Transcript of The stand your ground law
THE STAND YOUR GROUND LAW:
A BIG MISTAKE
The stand your ground law:
It allows citizens to use deadly
force to defend themselves,
even when it is not necessary
or escape is available
The stand your ground law should be
repealed, or at the least, be rewritten.
One case that proves this is the Trayvon Martin
vs. George Zimmerman. We don't know what
transpired that day... nobody does except for
them, but it seems rather convenient for
Zimmerman that the other is dead.
But one thing we do know is that whether
Zimmerman was telling the truth about his story, the stand your ground law was used as an excuse
that day, there was no way Zimmerman
could have been charged that day because
law was in place.
Another such example is a
neighborhood dispute over dogs. The dispute turned
deadly when Oscar Delbono shot Shane Huse as Huse's two young children watched from his truck. Witnesses say that Huse had turned to walk away when Delbono fired his gun. Delbono was not charged with a
crime because of the stand your
In late April, Daniel Adkins Jr. was shot and killed by 22-year-old Cordell Jude. He was walking up to the car when Jude shot and killed him. Jude said he was running toward her with a metal pipe, it was really a dog leash. Jude fatally shot the mentally disabled Daniel adkins in the chest once. Jude was not charged with a crime because of the stand your ground law.
A Miami mother told her 14-year-old son, Jack Davis,
to "get the gun" when they spotted a man trying to steal their waverunner from the dock, according to 911 calls. Davis shot and killed Reynaldo Munoz, who the family claimed had threatened them. A former teacher of Munoz said that was impossible because Monuz was deaf and could not speak clearly. Davis was not charged because of the stand your ground law.
In January, a judge in Miami tossed out a
second-degree murder charge against
Greyston Garcia after he chased a suspected
burglar for more than a block and stabbed
him to death. The judge decided the
stabbing was justified because the burglar
swung a bag of radios at Garcia (probably
because Garcia was running at the burglar
with a knife). It was classified as
self-defense, so the stand your ground law
protected Garcia from being charged.
Lucia McBath, whose son, Jordan Davis, was shot to death at a gas station in a conflict over loud music. The man accused of killing him said he felt “empowered” by Florida’s “Stand Your Ground” law.
Reeves was about to watch Lone Survivor at the Cobb Grove 16 off Interstate 75 in Wesley Chapel with his wife and son, a police officer. He became annoyed when a man in the row in front of him, Chad Oulson, 43, kept messaging his toddler's caregiver.
Reeves left the theater to complain to management. When he returned alone, the pair argued. Oulson threw popcorn, and deputies say Reeves shot him with a .380-caliber pistol
He was not charged because of the stand your ground law.
A retired Tampa police officer had the charge of shooting and killing another man after an argument at a movie theater over texting. He was not sent to jail because he used the stand your ground law as a defense in court.
Our main thesis is that the Stand Your Ground Law was poorly written, and should be repealed, or, at the very least, be rewritten.
The stand your ground law can be used for defense in court.
Although the law means no harm, it is often used by people who outright killed a person and passed it off as “self-defense”. There are many cases in which this scenario happened and the killer got away with it. One example is the controversial case of Trayvon Martin's murder, which then has made citizens furious over the law and demanded it to be repealed. The law was also dubbed by some as “kill at will”, as a person can kill without getting in trouble.
The Stand Your Ground Law is Unconstitutional.
Whereas George Zimmerman had the benefit of due process, the protection of Fifth Amendment, a presumption of innocence, reasonable doubt, and the best (most ruthless) defense his money could buy, Trayvon Martin had none of those things. Trayvon Martin, an unarmed 17-year old, was presumed guilty by virtue of being black and walking in a “gated” community wearing a hoodie. He never had the opportunity to defend himself or his character. His character was assassinated as much as his physical self. As his mother, Sybrina Fulton, told the New York City Justice for Trayvon rally a week after the Sanford, Fla. jury returned its verdict, how uncomfortable it was in the courtroom, “like they were talking about another man. This was a child. He had a drink and candy. Meanwhile in Georgia, the Rev. Markel Hutchins, 32, a minister and civil rights leader, claims Georgia's law, enacted in 2006, violates constitutional rights of due process and equal protection, and civil rights laws. Under Georgia's law (O.C.G.A. 16-3-23.1), a person is justified in using force intended or likely to cause death or great bodily harm to prevent the commission of a "forcible felony" if "he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force," according to Hutchins' complaint. Hutchins claims the law is unconstitutionally vague and wants its enforcement prohibited by a legal injunction. At issue is what constitutes a "reasonable fear," Hutchins says in the complaint. "It is without question that the determination of the reasonableness of one's fear in the invocation of self-defense will differ in application if the decedent is an unarmed elderly white woman as opposed to an unarmed young black man," the complaint.
Kenneth Allen was upset that his neighbor, Jason Rosenbloom, had placed eight on the curb, rather than six trash bags, which was the limit. They then got into a fight. As Rosenbloom approached, Allen shot him twice in the mid chest area, claiming Rosenbloom had tried to enter his home. Allen was not charged because of the stand your ground law.
Tampa neighbors said that Carlos Ibanez, a door-to-door advertiser, had been acting out, pounding on car windows and apartment doors when Marcos A. Trujillo shot and killed him.Trujillo was not charged, because of the stand your ground law.
Jackson Fleurimon shot and killed Lucus Termitus, a rival drug dealer, claiming that Termitus had shown up at his Orlando apartment brandishing a gun. Fleurimon's girlfriend told police that Fleurimon shot Termitus because he told him not to "sell dope on my side of the complex." Fleurimon was granted immunity under Stand Your Ground Law.
Ernesto Che Vino fired at two Florida
Power & Light workers who had entered
his yard to cut power because of unpaid
bills. Ernesto was not charged because
of the stand your ground law.
The “Stand Your Ground” law is a type of Self-Defense law that allows murders to walk away freely without being convicted. Last year (2013), one man killed two unarmed people and walked out of jail. This is a perfectly example of how that the stand your ground law allowed a murder to not serve time or be convicted. Those who invoke "stand your ground" to avoid prosecution have been extremely successful. Nearly 70 percent have gone free. This means that if you are brought to court and you use the stand your ground law, you have a 70% chance that you won’t be convicted.
WEBSITE ADRESS (URL LINK)
"Zimmerman Found Not Guilty in Trayvon Martin Shooting." VOA. 14 July 2013. Voice of America. 02 Dec. 2013
"Statutes & Constitution: View Statutes: Online Sunshine." Statutes & Constitution: View Statutes: Online Sunshine. N.p., 19 Mar. 2014. Web. 19 Mar. 2014.
Beasley, David. "Lawsuit Calls Georgia's 'Stand Your Ground' Law Unconstitutional." Yahoo! News. Yahoo!, 05 Nov. 2013. Web. 19 Mar. 2014.
"Georgia Carry: An Information Clearinghouse for Georgia Firearms License Issues and News » Stand Your Ground." Georgia Carry An Information Clearinghouse for Georgia Firearms License Issues and News RSS. GeorgiaCarry.org, 10 Nov. 2013. Web. 19 Jan. 2014.
McCorquodale, Amanda. "15 Shocking Florida Stand Your Ground Cases (PHOTOS)." The Huffington Post. TheHuffingtonPost.com, 16 July 2013. Web. 10 Jan. 2014.
2014 National History Day Project:
Project created, edited, and published by:
Alvarez, Lizette, and Cara Buckley. "Zimmerman Is Acquitted in Trayvon Martin Killing." The New York Times. N.p., 13 July 2013. Web. 9 Dec. 2013.
It is true that the stand your ground law was made to protect lives, but this kind of situation hardly happens. This is because the law is not making itself clear enough, causing even civilians to use the stand your ground law for the wrong purposes. It is because of this that people start killing others because they think that it’s ok and they won’t get in trouble for it. Removing the stand your ground law would stop these tragic deaths and convict the right people.
November of 2007, a man from Houston Texas shot and killed two men, who he thought were robbing his neighbor’s house. The 61 year old man called 911 and told operators to “ Catch these guys, will you.” Even though he was told to stay in his home, the 61 year old chased and killed them. He was not charged because of the stand your ground law.