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"Stand Your Ground" law under attack.... - 4/14/2012 7:15:52 PM   
Owner59


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Perhaps, if there`s one good thing to come out of the Martin killing,it will be the ridding of or severe restriction these laws......back into balance.

At the very least,killing this mistake waiting to happen,the rule in FL about a shooter need not face a trial if they are deemed "innocent" at a one-judge/one-time hearing.





http://americanandproud.net/2012/04/stand-your-ground-law-under-attack/


Lets dissect this for a second.


Schumer calls for Hill hearings on ‘Stand Your Ground’

New York Sen. Chuck Schumer is calling for hearings into Florida’s controversial “Stand Your Ground” law in the wake of the killing of teenager Trayvon Martin.

Appearing on CBS’s “Face the Nation” Sunday, the Democratic senator argued that the law, which empowers a person to use deadly force when he or she is under serious threat, impeded investigations into killings like Martin’s. George Zimmerman, a neighborhood watchman who shot Martin, has held that he’s protected under the law.

“I think we should examine this law,” Schumer said.

Florida is one of several states that has embraced the law.

Now think about it. The stand your ground law means you do not have to cower in a corner to avoid prosecution for defending yourself. That’s the basic premise of the law. You do NOT have to give in to the demands of others, you may STAND YOUR GROUND and FIGHT BACK. Thats it. That’s the law in a nut shell. Now if you are proven to the be the aggressor the law doesn’t apply. So who benefits from removing the stand your ground law? Criminals. Just like GUN LAWS in general, they benefit NOBODY other than criminals and Government. (I repeat myself I know)"
~~~~~~~~~~~~~~~~~~~~~~




Well,there you have it folks,the gun nuts themselves are addmitting that these laws let folks who shoot/kill others.....off the hook.Many times without even checking to see if the shooting was justified.


More:





http://www.dailyherald.com/article/20120407/news/704079775/

When Billy Kuch knocked on the wrong door, he had a cigarette in one hand and a shirt in the other. The homeowner, Gregory Stewart, stepped outside, stood his ground, fired a round from his semiautomatic into Kuch's chest, and in the eyes of the state of Florida, committed no crime.

Three years after that shooting, in a Land O' Lakes subdivision called Stagecoach Village, Kuch is alive but damaged by his injuries and the shock of being shot at point-blank range. Stewart is free but lying low, still sought out by neighbors and others who want him to account for his actions

“I have no problem with people owning guns to protect themselves,” says Bill Kuch, Billy' s father. “But somehow, we've reached the point where the shooter's word is the law. The victim doesn't even get his day in court. I don't think most Americans realize it, but that's where we are.”

In Florida and across the country, “Stand Your Ground” laws — the same kind of legislation that authorities cited for not arresting a neighborhood-watch volunteer after 17-year-old Trayvon Martin was killed in Florida in February — have coincided with a sharp increase in justifiable-homicide cases.

Prosecutors still reject many claims of self-defense under the new law, and no long-term studies definitively tie the rise in justifiable killings to the passage of laws that relieve citizens of the responsibility to back away from threats. But the Martin case has focused a spotlight on incidents in which the mere statement that people feel endangered allows them to, depending on your sense of what's right, defend themselves against thugs or act like vigilantes.




~~~~~~~~~

When “stand your ground” fails


John McNeil killed a white man who assaulted him on his property. But, unlike George Zimmerman, he's serving life


Trayvon Martin's tragic murder has brought much-needed scrutiny to "Stand Your Ground" laws. If you read or hear about a local "Stand Your Ground" case that isn't getting much national press, blog about it on Open Salon.


As the shooting death of Trayvon Martin and the failure of authorities to arrest his killer, George Zimmerman, continues to grab headlines, many conservatives and gun rights advocates insist that race has nothing to do with it. Some have also rallied to the defense of Florida’s “stand your ground” law, the self-defense legislation under which Zimmerman was able to avoid arrest. Yet not all stand your ground claims are so successful. Not too far from Sanford, Fla., a black man named John McNeil is serving a life sentence for shooting Brian Epp, a white man who trespassed and attacked him at his home in Georgia, another stand your ground state.

It all began in early 2005, when McNeil and his wife, Anita, hired Brian Epp’s construction company to build a new house in Cobb County, Ga. The McNeils testified that Epp was difficult to work with, which led to heated confrontations. They eventually decided to close on the house early to rid their lives of Epp, whom they found increasingly threatening. At the closing, both parties agreed that Epp would have 10 days to complete the work, after which he would stay away from the property, but he failed to keep up his end of the bargain."


http://www.salon.com/2012/04/11/when_stand_your_ground_fails/singleton/

< Message edited by Owner59 -- 4/14/2012 7:22:31 PM >


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RE: "Stand Your Ground" law under attack.... - 4/14/2012 7:26:45 PM   
kdsub


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I think the original intent of this law...and ruled upon by the Supreme Court... was on your OWN property you did not have to flee first when faced with what you believed was imminent danger of death or injury before using deadly force.

The Florida law is different I believe and wrong and may not even be constitutional under the Supreme Court ruling.

Butch

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I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 7:38:07 PM   
slvemike4u


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This is what you get when you allow the gun lobby(re:NRA) write gun laws(yes I know,strictly speaking this isn't a gun law...and yet the NRA's hands are all over these laws).
There is good reason to keep the fox out of the hen house,as the surviving hens can testify to

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Forget Guns-----Ban the pools

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 7:42:52 PM   
kdsub


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The Supreme Court said it was OK...and this from a liberal court...so I think the NRA is off the hook. Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch

_____________________________

Mark Twain:

I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

(in reply to slvemike4u)
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RE: "Stand Your Ground" law under attack.... - 4/14/2012 7:51:08 PM   
OsideGirl


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quote:

ORIGINAL: kdsub
Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch


I disagree. If I have a permit to CCW and some guy tried to rape me, I should be allowed to defend myself with my weapon, whether I'm in my home or not.

That said, I have some serious concerns about how the "Stand your Ground" law is written and interpreted. It's way too easy to twist this to be something it shouldn't.


_____________________________

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The Accelerated Velocity of Terminological Inexactitude

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 8:07:04 PM   
Owner59


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quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: kdsub
Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch


I disagree. If I have a permit to CCW and some guy tried to rape me, I should be allowed to defend myself with my weapon, whether I'm in my home or not.

That said, I have some serious concerns about how the "Stand your Ground" law is written and interpreted. It's way too easy to twist this to be something it shouldn't.


Absolutely true.


One`s body should be the same as ones home or car and yes,women(and men)should be allowed to defend themselves anywhere.....and that`s always been the case.


The SYG laws as they are made up in FL,have turned reasonable definitions of our old laws into a "the fastest draw wins in court" law.



_____________________________

"As for our common defense, we reject as false the choice between our safety and our ideals"

President Obama

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 8:43:13 PM   
DomKen


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quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: kdsub
Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch


I disagree. If I have a permit to CCW and some guy tried to rape me, I should be allowed to defend myself with my weapon, whether I'm in my home or not.

That said, I have some serious concerns about how the "Stand your Ground" law is written and interpreted. It's way too easy to twist this to be something it shouldn't.


If some guy is trying to rape you he is also, presumably, restraining you to keep you from fleeing. Under those circumstances SYG is not needed. Standard self defence laws cover that situation quite well.

(in reply to OsideGirl)
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RE: "Stand Your Ground" law under attack.... - 4/14/2012 9:32:26 PM   
lovmuffin


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quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: kdsub
Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch


I disagree. If I have a permit to CCW and some guy tried to rape me, I should be allowed to defend myself with my weapon, whether I'm in my home or not.

That said, I have some serious concerns about how the "Stand your Ground" law is written and interpreted. It's way too easy to twist this to be something it shouldn't.



Yes but it seems that it's getting interpreted and twisted by some on this forum.


_____________________________

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 9:38:40 PM   
Owner59


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It needs to be discussed and is going to be.....whether you like it or not.


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President Obama

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 9:56:18 PM   
Luv2K155


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First let say that I am in now way a "conservative". I consider myself moderate at best with a strong believe in the Constitution and individual liberties. That having been said, I shall begin...

The Florida Stand Your Ground Laws says "A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony."

The key words here are "He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony".

Who decides what is reasonable? The answer is simple... a jury based on the statue. This law, and similar laws are not in and of themselves bad. They are designed to protect the "innocent" against wrongful prosecution. What is bad is the way this law was being interpreted by the first state's attorney consulted after the shooting. He made an error in judgement and, in my opinion, the law shouldn't be gotten rid of, he should!

It astounds me how few people have taken the time to actually read the statue yet commented on it. I am not saying that has been done here so, please do not start 'flaming' me.


About The Second Amendment...


I have seen on other sites where the uninformed or simply ignorant have made comments implying that such laws are turning giving society a Wild West mentality. Those persons fail to realize that the police are not, and can not always be there to protect them. The fact is that Wild West as romanticized in the movies never existed. That is not to say that people didn't carry and own firearms. They did and, when they did, there was a lot less crime. This was true even until the 1930's. A good example of this can be seen dramatized in the movie "Public Enemy", the story of John Dillinger. It shows what happened when Dillinger and his gang decided to rob a bank in a town where people still carried and owned firearms. Things did not go as easily for them as in previous attempts in towns with gun laws and they found themselves running for their lives. I guess they forgot to take the path of least resistance. Those people needed their firearms!


We live in a time when the President has announced to the world that the government no longer represent our interest but those of a select few. It is also a time when there are voice crying out that the populace no longer needs to be armed and we should trust our government to protect us. Weapons capable of allowing a small number to disperse a vastly larger number now exists rendering civil disobedience almost impossible. This technology is currently in the hands of the military but could easily be given to civilian authorities for use. I live in Georgia where the State Assembly just tried to pass a bill making civil disobedience a felony. This was directly in response to the "Occupy Wall Street" protest and was introduced at the behest of Wall Street. Supposed it had passed? More importantly, who really is in control of our government? As the saying goes, power corrupts, absolute power corrupts absolutely!

Our founding fathers knew certain truths. First, an armed populace is a populace with less crime. Second, an armed populace is one that can defend itself from threats both foreign and domestic and lastly, an armed populace is one that can not be easily oppressed by a corrupt government! That is the very crux behind the Second Amendment. Remember, without an armed populace, there would never have been an American Revolution and this country would not exist.

Do we still need the Second Amendment? Yes, perhaps today even more than in the past!

Should there be gun laws? Of course, but reasonable ones that do not presume the person who is buying the firearm is a criminal or has criminal intent. Should a person convicted of a non-violet crime be allowed to own a firearm? Yes but the nature of the crime should be considered verses their right to life and defend themselves.

We've all heard that locks don't keep thieves out, only honest people honest. While I would debate that last part, I could say the same is true of gun laws. The fact is there is no way to stop a determined killer from killing. He or she will find a way. If he or she can't buy a gun, they will steal one and; if they can't steal a gun, then they can a car, truck, or whatever. Aren't all just as deadly?

It's something to think about, isn't it?




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RE: "Stand Your Ground" law under attack.... - 4/14/2012 10:11:25 PM   
VanessaChaland


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In most states and with people that have some common sense, no law is needed. You have the right to defend yourself, period.

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RE: "Stand Your Ground" law under attack.... - 4/14/2012 10:38:25 PM   
Luv2K155


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True but not quite...

You have a right to defend yourself but, you are only allowed to use deadly force to protect yourself (or another innocent person) from death or serious bodily harm. Even then, there is the concept of Disparity of Force which basically determines if the force you used necessary?

Using a weapon on an unarmed person has always been a gray area. Against three unarmed attackers, it might be justified; two maybe; one you are probably screwed... unless there is a Disparity of Force. An example of a Disparity of Force could be a woman, handicapped, or elderly person being attacked by a healthy male. It is commonly assumed that the force was necessary.

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 1:20:11 AM   
DarqueMirror


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quote:

ORIGINAL: Owner59

Perhaps, if there`s one good thing to come out of the Martin killing,it will be the ridding of or severe restriction these laws......back into balance.


What you call balance, I call putting out a press release to all criminals that they need not fear their victims because they have more rights than the victims do.

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 1:22:40 AM   
DarqueMirror


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quote:

ORIGINAL: Owner59
One`s body should be the same as ones home or car and yes,women(and men)should be allowed to defend themselves anywhere.....and that`s always been the case.


Except in Florida, right?

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 8:10:47 AM   
OsideGirl


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quote:

ORIGINAL: Luv2K155

We've all heard that locks don't keep thieves out, only honest people honest. While I would debate that last part, I could say the same is true of gun laws. The fact is there is no way to stop a determined killer from killing. He or she will find a way. If he or she can't buy a gun, they will steal one.


Mexico has pretty much proved this. They have guns laws that are just one step below the UK and one of the highest crime rates in the world. Cuidad Juarez with a population of 1.5 million had 3,103 murders in 2010. New York City with a population of 8.1 million had 536.


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The Accelerated Velocity of Terminological Inexactitude

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 10:20:10 AM   
lovmuffin


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quote:

ORIGINAL: Owner59

It needs to be discussed and is going to be.....whether you like it or not.



I like it just fine but some people here are twisting it to suit their fantasies of how it applies to the Zimmerman case. From what we know so far SYG likely doesn't or won't even apply.

_____________________________

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 10:29:23 AM   
PatrickG38


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quote:

ORIGINAL: kdsub

The Supreme Court said it was OK...and this from a liberal court...so I think the NRA is off the hook. Personally I see nothing wrong with the law if it is limited to your own property. Of course this was not the case in Florida.

Butch


A liberal Court? That is strikingly ignorant.

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 12:54:28 PM   
erieangel


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My question is why is there a need for laws like the Castle Doctrine or Stand Your Ground when simple self-defense would suffice in most cases when it truly is a self-defense issue?

(in reply to Baroana)
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RE: "Stand Your Ground" law under attack.... - 4/15/2012 2:54:18 PM   
OsideGirl


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quote:

ORIGINAL: erieangel

My question is why is there a need for laws like the Castle Doctrine or Stand Your Ground when simple self-defense would suffice in most cases when it truly is a self-defense issue?



They define whether someone acting in self defense is subject to legal action.

quote:

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances attack an intruder without becoming liable to prosecution.[1] Typically deadly force is considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to himself or another".[1] The doctrine is not a defined law that can be invoked, but a set of principles which is incorporated in some form in the law of most states.

In addition to providing a valid defense in criminal law, many laws implementing the Castle Doctrine, particularly those with a "Stand-Your-Ground clause", also have a clause which provides immunity from any lawsuit filed on behalf of the assailant for damages or injury resulting from the lawful use of non-excessive force. Without this clause an assailant can sue for medical bills, property damage, disability, and pain and suffering as a result of the injuries inflicted by the defender, or their next-of-kin may sue for wrongful death in the case of a fatality. Even if successfully rebutted, the defendant (the homeowner defender) may have to pay high legal costs as a result of such lawsuits; without immunity, such civil action could be used for revenge against a defender acting lawfully.

Use of force in self-defense which causes damage or injuries to other parties who were not acting criminally may give rise to prosecution and damages.


< Message edited by OsideGirl -- 4/15/2012 2:57:19 PM >


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Give a girl the right shoes and she will conquer the world. ~ Marilyn Monroe

The Accelerated Velocity of Terminological Inexactitude

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RE: "Stand Your Ground" law under attack.... - 4/15/2012 7:15:26 PM   
LizDeluxe


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So who benefits from removing the stand your ground law? Criminals. Just like GUN LAWS in general, they benefit NOBODY other than criminals and Government.

That's always been the case. Any gun control measure only benefits criminals (which the government is often a subset of) and always punishes the only people it affects - law abiding citizens. The founding fathers knew this. That's why the second amendment is not the eight or tenth amendment. It was second on their agenda. This should say something about the importance of firearms ownership. If the founding fathers were here today and saw how out of control our government has become they would switch amendments one and two in order.


(in reply to Owner59)
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