As debates continues concerning gun laws and the amount of violence in the United States, many citizens have voiced increasing concerns about personal safety and the amount of force that is considered to be justifiable when faced with threats of violence or death. As a result, Stand Your Ground laws have been enacted in many states to establish the legal boundaries the rights afforded to individuals to protect themselves from imminent threats. The legalities provided by the Stand Your Ground laws gives pause to reflect on are laws of this nature necessary in this ever-changing world or do these laws ...
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Castle Doctrine and Stand Your Ground
In self defense, the basic philosophy is that the amount of force to ward off the threat must be proportionate to the force that was being threatened to be used. In essence, lethal force is only permitted to be used in cases in stopping the infliction of grievous bodily harm that can result in possible death, the death of the person or loved ones, or rape or “sexual assault” in Michigan. The person using deadly force legally must possess a reasonable belief that by using such force, one if not all three of these scenarios will be prevented, and ...
In some situations, it is crystal clear that force used against a malicious criminal is in self-defense and necessary to prevent serious injury or death, but in other cases, there is significant gray area in the space where self-defense and excessive, or aggressive, force meet. In this murky space where self-defense and aggression meet are “Stand Your Ground” laws. As the recent George Zimmerman-Trayvon Martin incident and subsequent trial has proven, Stand Your Ground” laws can ignite passionate debate about gun control, the right to defend property and self, race and other factors.
Most self-defense laws in the United ...
Abstract
This paper looks at the nonlethal and less-than-lethal options of force for law enforcement officers. The weapons explored include pepper spray, tasers, and impact projectiles. Also discussed are new inventions that will become available soon. For instance, a thermal gun, an electromagnetic gadget that causes the person to have an epileptic fit, and a variety of nets are currently in progress. This paper discusses a key concern with the use of these weapons: one of safety. Each weapon has its advantages and disadvantages of use. A foremost concern is the overuse of these weapons on children, pregnant women, and the elderly. Included ...
A review of the Stand Your ground Act
Abstract
Although laws are made with an intention to help people, sometimes it is unfortunate there is no consensus on its necessity among the people.. The ‘Stand Your Ground’ laws in one such law in which there is much controversy. While use of deadly force to defend self is acceptable by all, there is a possibility of the Act being revoked by the defender after unnecessary killing to go scot free. After the Trayvon Martin case of 2012, there has been a major outcry to reform it or abandon it. Although ‘Stand Your Ground’ law has been determined as right ...
Abstract
Using force in the administration of justice and restoring peace and order is often necessary under certain circumstances. The law enforcers often consider the need of force in various cases, such as when apprehending hostile individuals and in self defense. There are many controversies involved in the use of force made by the law enforcers, and it can sometimes generate news headlines and is often times described as an abuse of power and authority among the police officers. The use of force is viewed as a necessary means of administering the law, but it can convey a different meaning to the ...
Introduction
Law enforcement has turned out to be extremely challenging in the contemporary changing social and cultural climate. It has continued to experience a range of challenges that are generated by the existing environment. The law enforcement practices, as well as policies, have received a lot of public scrutiny. Terrorism, large-scale population movements, globalization, and entrenched social problems have made the enforcement of the law, especially by the police, more challenging. The contemporary policing is primarily marked by the uncertainty and broadening of crime deterrence problems. Among the law enforcement officers, the police have been scrutinized heavily by the public. ...
Cheng, C., & Hoekstra, M. (2012). Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Expansions to Castle Doctrine . Journal of Human Resources , 1-43.
The findings published in the journal indicate that the adoption of the stand your ground laws increases the crime rate. The study found that there was a 7-9% increase in manslaughter rates and that adoption of the laws increased justifiable homicide by 17-50%.
Jansen, S., & Nugent-Borakove, M. E. (2007). Expansions to the Castle Doctrine: Implications for Policy and Practice. National District Attorneys Association Symposium (pp. 1-24). National District Attorneys Association.
- Concerns have ...
There are at least four alleged crimes and one possible civil suit in the case study. The alleged crimes include obstruction of justice, resisting arrest, possession of illegal drugs and a case of domestic violence. The potential civil suit in the case study is that of use of deadly force during arrest. This paper will briefly and concisely canvas each of these legal actions.
The lady who approached Officer Jones and reported that she has been robbed and assaulted committed the offense of obstruction of justice. She lied to a police officer that she was attacked by a robber wearing a red ...
471 U.S. 1,105 S. Ct. 1694, 85 L. Ed. 2d 1,1985 U.S.
The facts in this case that upon arrival at the location of a suspected burglary, the officers saw the victim fleeing the scene. The officers called out to the victim to stop and saw he was unarmed. As the victim was climbing a wall to escape, an officer shot him in the back causing his death. The officer was acting within Tennessee statutory and used all necessary means to effect the arrest. The higher court held the Tennessee statute to be unconstitutional in that it authorized ...
INTRODUCTION
In human society there have always been laws and lawbreakers. Police were designed to protect the public from the dangerous offenders who might steal from them, harm them or kill them. The idea was that police were to be a positive inclusion in American cities, towns and neighborhoods. In some cases and some places they are exactly that. However, over the last few years there have been more and more instances where police have committed acts of unnecessary force, extreme violence and, unfortunately, including the use of deadly force in cases where their actions and motivation are being questioned ...
Introduction
The state of Texas, just north of the United States-Mexico border, shares a 1,200 mile border with the neighboring country of Mexico. For years, numerous people who are not citizens of the United States have tried and often succeeded in entering the United States illegally through this vast border. Some of the people who enter through the border illegally are trying to relocate to the United States of America in an attempt to find what they hope to be a better life. Others are exploiting the border in the hopes of profiting from committing crimes such as drug trafficking and ...
Discussing the Issue of Police Brutality
INTRODUCTION
You hear breaking glass, someone coming of the stairs, and you are hiding on the floor of your closet; what are you going to do? You have no security systems, weapons, or a way to get out of the house; what are you going to do? Well, if you have a telephone, or better yet a cell phone, which most everyone does these days, then all is not lost. You are going to dial 911 and pray for the police to get there in time. For many people police represent an image of safety and protection. However, that is not ...
Criminal Law
Policing is a dangerous job due to the prevalence of accidents, injuries and the possibility of death during the course of performance of the police duties. Reno, Fischer, Robinson & Brennan (1999) stated that police officers are given the authority to use force in particular circumstances that puts their lives in danger. These police officers have undergone proper training in the use of force and commonly confronted with several incidents while on service. Some of the typical scenarios that make the lives of police dangerous are when they have to employ force during arrests, restraining unruly combatants, or controlling a disruptive demonstration ( ...
Introduction
The use of police discretion is a major challenge to the police today. Police discretion is the availability of a choice of options one can take in a situation. Discretion involves making a judgment and a decision, Dempsey J. (2009). The criminal justice system involves various amounts of discretion. A police can sentence a defendant on bail or order the defendant incarcerated until trial. In police, there are huge cases of discretion because the crimes committed by the people are not always the same. The police have to perform broad discretion behind a façade of performing in ministerial fashion. The police use discretion to arrest, ...