Stand Your Ground Law
The Trayvon Martin case. This automatically should ring a bell in the mind of millions. This case sparked a deep debate about the systematic racism that is embedded within our government, and how legislation that are passed can continue to allow this to happen. Legislation such as the Stand Your Ground law, which is the defense that George Zimmerman used in his prosecution of the murder of young teen Trayvon Martin In the 2013 case of Florida v. Zimmerman ( Kessler) The Stand Your Ground Law is a highly controversial topic. The Stand Your Ground Law is a “self defense” law that allows someone to use specific or “deadly” force when they believe their life is in immediate danger. The law has been highly debated
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(Tappan) In the Supreme Court's case of 1921 Brown v. United States, Justice Oliver Wendell Holmes wrote in the 7-2 majority opinion, "If a man reasonably believes that he is in imminent danger of death or grievous bodily injury from his assailant, he may stand his ground and that if he kills him he has not exceeded the bounds of lawful self-defense." With the high profile cases that this law has been associated with, typically being cases that have a high racial impact, the Stand Your Ground Law has been criticized as another law that allows for systematic racism to occur within the United states. “The American legal system's handling of violent self-defense has long favored white, property-owning men. Nonwhite, female,and poor or gender-nonconforming people have always been more likely to be punished for defending themselves and less likely to see the courts come to their aid when they are harmed” …show more content…
The law is designed to protect innocent victims. “It does not have any provision to protect original aggressors.” (Contributor). The stand your ground law is extremely biased towards who has a better luck at getting away or being able to successfully use the stand your ground law as defense. For example, the way the government prosecuted the Black Panthers vs other legal gun owners. “The Panthers became experts on firearm laws and openly carried guns, in a sharp departure from mainstream civil rights technique. After California Assemblyman Don Mulford introduced a bill making it illegal to carry guns openly--a measure aimed directly at the Panthers--armed black men” (Tappan). The people using this law as their defensen are getting away with murder and aggravated assault so easily, due to the loose language used in the law itself. Now, police officers accused of using excessive force are trying to claim the law's protection (Robles). In response to the idea that crime has decreased since stand your ground law was put in place, is true, but in Florida, which passed the first Stand Your Ground law, has seen a 30 percent increase in homicides since then (Contributor) . That's not to say all homicides involve self-defense, but it does suggest a growing attitude of "shoot first and ask questions later”
While advocates of stand your ground believe that it is empowering to people and is an enhancement of safety rights, critics believe that it can often be used as a racially motivated infringement on civil rights. A study of the racial and violent impacts of stand your ground at Texas A&M University found that murder increased by up to 8% in states that had adopted Stand your Ground laws. The conclusion was made that the implementation of these laws was a possible cause of increased homicide rates in these states. The increase in lethal force became seen as an inevitable effect of the stand your ground laws. Based on FBI crime statistics, it is more likely for white people’s actions to be found justifiable in the killing of a black person than it is for the case of black people killing white people.
The law review article I chose was written by a Law Professor regarding police claims on self-defense. The author talks about Zimmerman’s murder trial and how the judge refused to allow prosecution to argue that the neighborhood watch volunteer racially profiled Martin. Zimmerman was charged with second-degree murder for shooting a 17-year-old, Trayvon Martin. The state of Florida filed an affidavit of probable cause stating that Zimmerman profiled and confronted Martin and shot him to death when Martin didn’t commit any crimes. Zimmerman claims he shot Martin in self-defense.
The Emmett Till case should be taught in 2018 as not just a murder that triggered the civil rights movement, but as a case that still reflects the injustices that African American men face in the American Justice system. Not only should Emmitt till’s murder reflect the injustices in America today, but retaught since new information has recently surfaced which shows a different side to the whole case. Emmett Till was murdered on August 28, 1955 in Money, Mississippi and found beaten and floating in the local river. Emmett Till was murdered by Carolyn Bryant’s husband Roy Bryant and her brother-in-law Milam Bryant.
Can separate really be equal? The landmark cases Plessy v. Ferguson and Brown v. Board of Education show two sides of an argument that changes the way many people see things today. The Plessy v. Ferguson case set the precedent that segregation was legal when Homer Plessy was convicted for sitting in the white compartment of a train. The Brown v. Board of Education case tore down this precedent when it started the desegregation of schools after two girls had a dangerous walk to their all blacks school everyday. These two cases changed court precedents greatly, one setting a precedent, and the other tearing it down.
According to “YourBlackWorld” in Detroit, a man named Darrell Standberry was going inside to pay for gas, looking back at his car he saw a man get into the driver's seat of his car. Darrell and the man meeting eye to eye the man pulled out a gun and when Darrell saw what he had, Darrell pulled out his gun and shot the man as he was driving off causing him to crash and die from the gunshot wound Without the Stand Your Ground Law Darrell would have had consequences for stopping the car thief. Critics will argue that Stand Your Ground Law will promote violence. But statistics say otherwise, ever since Stand Your Ground Law launched in Florida It has decreased violent crime rates by 23%.---- The Stand Your Ground Law provides protection for U.S. Citizens.
For nearly a century, the United States was occupied by the racial segregation of black and white people. The constitutionality of this “separation of humans into racial or other ethnic groups in daily life” had not been decided until a deliberate provocation to the law was made. The goal of this test was to have a mulatto, someone of mixed blood, defy the segregated train car law and raise a dispute on the fairness of being categorized as colored or not. This test went down in history as Plessy v. Ferguson, a planned challenge to the law during a period ruled by Jim Crow laws and the idea of “separate but equal” without equality for African Americans. This challenge forced the Supreme Court to rule on the constitutionality of segregation, and in result of the case, caused the nation to have split opinions of support and
In the late 1800’s, equal rights for women and African Americans was an argued issue. Although slavery ended in 1865, African Americans were continued to be treated unfairly and looked down upon. Throughout history, many court cases were fought for equal rights. Blacks and whites could not go to the same schools.
Throughout history, the failure of the government to protect black people from ruthless enforcement officers, forced blacks to act in their own interests. During the 1930s, the National Negro Congress organized massive rallies against police brutality, the Black Panther was created to stem the tide of police abuse, and in the 1970s the Congress of African Peoples sponsored the “Stop Killer Cops” Campaigns (Fitzgerald, 2007). The list goes on and on of groups and campaigns that African Americans formed to protect themselves from white supremacy and most importantly police brutality. Although some observers claim that racial profiling doesn’t exist, there are an abundance of stories and statistics that document the
Stop and frisk became a very active since 1968 Terry v. Ohio, stop and frisk are used by police officers to stop the crime and bring back the justices and safe place, where people would walk outside without worrying about if anyone would shoot them, but since 2002 everyday a lot of people are complaining about stop and frisk, unfortunately stop and frisk became a major problem for society. According to the NYPD, individuals are frisked during the stop only if there is a reasonable suspicion of weapon, thought critics argue that reasonable suspicions is frequently eye of the beholder, but most the times police officers are the ones who violates the law. According to the stop and frisk statistic from NYCLU predominantly Black and Latinos are the major targets for the
Some days crime rates are up and then the next they are down, what we do know is that America is becoming safer. In 2005, 11,346 persons were killed by firearm violence 477,040 persons were victims of a crime committed with a firearm, (National Institute of Justice). Surprisingly, a lot of gun violence in America is related to self defense. Between 1987 and 1990 it was found that guns were used in defense during a crime incident 64,615 times annually. This equates to two times out of 1,000 incidents (0.2%) that occurred in this time frame.
Violent crimes reported on the news while still surprising to hear and see has become very common. While the numbers seem to be overwhelming, statistics share violent crimes are at an all-time low. While the numbers of crimes are decreasing, gun ownership is increasing. Begging one to ask if the right to conceal to carry reduce
This idea came up in a major Supreme Court case in 1985 called Tennessee v. Garner where the judges questioned the constitutionality of shooting at an unarmed suspect. In this case, a police officer from Memphis came out to a neighborhood at night to investigate a complaint of a possible burglary. Upon arrival at the house in question, the officer heard a noise and saw a person trying to escape over the fence. When the suspect did not stop after a warning from the officer, the policeman shot and killed the suspect. After a long series of trials, the previous statute of Tennessee was overturned and replaced with a new one that included a new phrase.
This is what started the Blue Lives Matter movement, a movement for police officers to be protected. Due to a spike in police deaths the government imposed harsher laws against assaulting, harming, or killing a police officers. The BLM community is concerned because they feel like they are taking a step backwards in the relationships between the community and its people with the local police officers. Lots of people are saying that the movement is unjust because they believe that “All Lives Matter,” but the movement is just simply pointing out that African Americans are being wrongfully targeted and killed. The movement is trying to prove that all of our lives should be equal not one life is better than the
For example, in the Trayvon Martin case, George Zimmerman claimed that he was utilizing the “stand your ground” law, which allows murder in the case of self-defense. There is no cap on the amount of people that a police officer can kill, and police officers know that there is not a large amount of consequences if they kill
Breaking the law has long been one of the most crucial issues in humankind's society. It is sometimes argued that most of the criminals tend to reoffend after they are released from prison. Yet to the best of my knowledge, miscellaneous reasons can be mentioned for this peoblem and undeniably steps can be taken to address this issue. Amittedly, there are various reasons behind the problem of commiting crime regularly. Psychologically speaking, criminals may get used to breaking the law and sometimes it is a habit than cannot be kicked.