‘Stand your ground!!’ The mere existence of this
statute here in Florida has caused a large discussion
and recent uproar. But how can such a controversial
law have gone 8 years and into law in 30 states,
without having the challenges it currently
has, and what exactly does stand your ground entail?
‘Stand your ground’ started as an NRA (National Rifle Association)
bill that was supported by a controversial non-profit organization by the name
of ALEC (American Legislative Exchange Council). The ‘stand your ground’ law
came to popularity after a couple in Florida had an intruder in their home. In
protection of themselves and their home they shot and killed the intruder.
After months and months of litigation the husband was found to have been
justified in his actions. Well, ALEC and the NRA felt that he should not have
to go through such a legal process if he stood his ground in a place where he
was legally allowed to be (his trailer home) and an intruder unlawfully entered
and may have threatened their safety.
In comes ‘stand your ground’ (FL statute 776.013, specifically sub
section 3) this provision basically states that if you are not engaging in
unlawful activity you have the right to ‘stand your ground’ and meet force with
force, in a place you have a legal right to be, if you believe you will meet
great bodily harm or death, where previously you had the obligation to retreat.
In addition, if you are found justified in your actions, you can gain immunity
to criminal and civil charges in addition to your reasonable court costs, legal
fees, loss of income etc. being paid by the prosecuting entity.
Many believe that this creates a somewhat renegade mentality of
shoot first and ask questions later and if you are found justified all will be
paid for you. In addition, there is a common belief that this law has a color
barrier (the darker you are the less this law applies to you).
This being said, what do you think of the ‘stand your ground’ law?
Do you believe it is justified and possibly needs to be more specific in its
guidelines? ? Do you believe that there is no way to fix this law and the only
option is to repeal it? How do you feel race comes in to play with this
statute?
Join The Conversation; we want to hear your opinions.
If you are interested in repealing this law, petitions to repeal the
‘stand your ground’ law are available at the links below.
Citation:
"Statutes & Constitution :View Statutes : Online
Sunshine." Statutes & Constitution :View Statutes : Online Sunshine.
N.p., 17 July 2013. Web. 17 July 2013.
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