Law Homework Help

150words each reply to them

first reply

Stand Your Ground Laws aims to provide different facilities to the people within the community that they can protect their rights and can be saved from physical harm. People can respond to the fear that they have to face in their routine due to different reasons such as robbery, kidnapping, and any other form. Different laws have been passed and implemented related to self-defense so that people become able to protect themselves. The CNN report has claimed that people can use physical force to rescue themselves because health and safety is the major concern of the people. Different countries have claimed that these acts are legal because people have the right to save themselves, but some countries are against these laws. It has been determined from those countries that the chances of legal issues become increased due to Stand Your Ground Laws because people can make their own rules and regulations by this process. More than 25 countries have made these laws legal for their people, and the general public is being motivated to use their force for their safety from which Florida is the leader of all the countries. High-authority of the countries has claimed that the rate of crimes and problems would become reduced by implementing these laws (Holliday, 2011).

Moreover, it can also lead to the development of a peaceful and well-efficient society that is the main concern of all the countries. I am a supporter of these laws because I have found that people have the right to self-defense; therefore, they should be allowed from the side of the government. Undoubtedly, implementing these laws in various other countries can create legal problems for them, but the chances of getting positive results are higher than problems. People become able to fight for themselves, due to which the criminals would also become discouraged. Therefore, it has become important for social workers to arrange some training programs where people can learn self-defense techniques to reduce deaths and crimes within the country. It has become important for the countries to give training to their people because the rate of crimes has become increased in both developed and developing countries due to which mental diseases are also being increased (Hall, 2013).

References

Holliday, W. (2011). The Answer to Criminal Aggression is Retaliation: Stand-Your-Ground Laws and the Liberalization of Self-Defense. U. Tol. L. Rev., 43, 407.

Hall, A. (2013). A stand for justice-examining why stand your ground laws negatively impact African Americans. S. Region Black Students Ass’n LJ, 7, 95.

second reply

Generally, the stand your ground law gives people the ability to respond to threats without criminal prosecution fear. Many laws relating to self-defence state that any person who faces a threat to injury, has the right to retreat; more of a duty. If after the retreat the attack continues, the person is allowed to respond forcefully. “if you attack me in non-stand, your ground state, I have to try and get out of it” those were the words a CNN analyst; known as mark O’Mara. In other words, he meant to say that whenever someone faces an imminent situation, the person can use lethal force and rescue themselves. This should be done without making any attempts to escape when the threat first presents itself.

Stand Your own ground has support from 25 states and enacts them accordingly, with Florida taking the lead. O’Mara further termed Florida as the strongest state, since it is the leading enactor of this rule, and he pointed the following reasons: First, is the fact that the state indicates against the law to retreat, (Humphreys, Gasparrini, & Wiebe, 2017). Secondly, the state provides laws that give immunity against civil actions and criminal prosecutions. The third reason is attributed to the recent shift illegalities of the state, that shifted the burden of proving the shooter’s innocence to the state.

Supporters, claim that this kind of rule gives every individual the right to self-defend; and one should not have to make a choice of either being attacked or landing into prison.

Use of physical methods in settling disputes simply because the property on which the felony was committed belongs to you, should never be a solution. That’s the reason for existence of both rules and regulations; including law courts that settle disputes, so as to protect human life. Arguments may tend to support this by trying to elaborate the importance of using force in solving problems, however, this might just be another way of promoting violence among the people in the society.

For Indiana, the law provides that, “[a] person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.” This statement indicates that this should only apply to situations where there is forcible felony. The law uses the words reasonable to mean that every self defense case will usually be fact sensitive and only one person has the right to state the occurrences of the incident. This may not seem problematic until the part where the current Indiana “stand your own ground” law permits the use of force and deems taking another person’s life legal. This is under any condition including when the defendant does not believe their life is endangered.

Through reducing the use of deadly self-protection, stand your own ground rules will lead to an increase use of guns defensively, and this, may in turn reduce violence and crime. As the use of guns is reduced, there might be a positive projection in the number of criminal acts of violence, (McClellan, 2017). This is because the victims may resort to use more deadly forces to self-defend. This could seem to slow down the crime rates with use of lethal weapons, however, the criminal pattern would shift to abuse and person-to-person violence.

Alternatively, allowing the civilians to use firearms to protect themselves against possible attacks from robbers would still worsen the situation, (Guettabi & Munasib, 2018). This is because, the robbers too, would seek firearms to protect themselves; leading to increased crime rates.

The above discussion indicates an expected increase in civil caseloads because; where violence is involved, lives might be lost; serious injuries and health risks might also occur. According to the law of tort, a property owner has the duty of care to ensure that his property is safe and free from any threat to those entering the said property. However, the relationship between the owner and the person entering should be clearly defines such that; an owner owes no reasonable duty of care to a trespasser.

This however does not constitute the ground for violence against one another. The law further dictates that the owner should behave in a way any other “reasonable” person could have done. This reasonable person is a legal fiction and is usually determined by the Jury handling the given case. Therefore, in cases of trespass, the property owner can always file and press charges against the violator, and follow the rightful dispute resolution mechanisms.

References.

Guettabi, M., & Munasib, A. (2018). Stand Your Ground laws, homicides and gun deaths. Regional studies, 52(9), 1250-1260.

Humphreys, D. K., Gasparrini, A., & Wiebe, D. J. (2017). Evaluating the impact of Florida’s “stand your ground” self-defense law on homicide and suicide by firearm: an interrupted time series study. JAMA internal medicine, 177(1), 44-50.

McClellan, C., & Tekin, E. (2017). Stand your ground laws, homicides, and injuries. Journal of human resources, 52(3), 621-653.