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R.I.P DERICA
2013
Monday, May 14, 2012
STAND YOUR GOUND LAW
A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justifies the accused's conduct.
More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from other locations. "Stand Your Ground", "Line In The Sand" or "No Duty To Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. Under such laws, there is no duty to retreat from anywhere the defender may legally be. Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly. The stand your ground law is now being scrutinized in the Treyvon Martin case. According to George Zimmerman he shot Treyvon out of self- defense even though the teen was unarmed and virtually posed no threat to Zimmerman, and because of this Stand Your Ground law Zimmerman wasn't arrested immediately. On the night Martin was killed, police questioned Zimmerman for five hours at police headquarters. The police report noted Zimmerman was "bleeding from the nose and the back of the head." Police did not administer a drug and alcohol test or an immediate background check on Zimmerman, although they did both on Martin. Had the roles been reversed, would Trayvon have been treated differently because he was black? No question to me or anybody else in America. Had Trayvon had been the person who pulled the trigger, he would have been arrested that day on the spot and would still be sitting in jail. But because he's half- white and this stupid Stand your ground law zimmerman got special treatment.I Guarantee you if Martin Had been the shooter he would have not only been arrested and charged on the spot the case would'nt have gotten so much media attention.
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