According to the dictionary, self-defense means a countermeasure which consists in defending oneself, one's property or the safety of others from possible damage. From childhood, parents have instilled this dogma in their children as it was instilled in them. Over the past decade the doctrine of self-defense has morphed into what is now known as the Stand Your Ground law. The law essentially allows anyone who feels threatened in a confrontation to shoot and run. Stand Your Ground was passed through the Florida state legislature with the help of then-Congressman Marco Rubio and signed into law by Bush on April 26, 2005. The law spread quickly and now exists in various forms in twenty-five states ( Weinstein ). As popular and simple as it may seem, this law should be repealed. The law contains various questionable and unethical conditions such as clarifications of various provisions of the law, clear definition of self-defense and disproportionate effects on minorities argue for its repeal. There is a clear need for clarification on the various provisions of the law. The exact profile of what constitutes provocation varies depending on the jurisdiction. Courts should apply a standard of reasonableness to questions of provocation in self-defense cases. There are three confusing and contradictory standards currently in place for determining provocation exceptions in jurisdictions across the country: any provocation, direct provocation, and intentional provocation. These different frames are not mutually exclusive, and behavior that fits into one frame can also fit into another. Each frame fails to provide an optimal rule for determining questions of provocation in self-...... middle of the document ...... our fundamental laws and the liberalization of self-defense." University of Toledo Law Review 43.2 (2012): 407-436. Academic research completed. Web. 25 February 2014. John K. Roman, Race, Justifiable Homicide, and Laws on the Ground: Analysis of FBI Supplemental Homicide Report Data, Urban Institute (July 2013 ) Lott, John. "More Guns, Less Crime: Understanding Crime and Gun Control Laws (University of Chicago Press, Third Edition, 2010)" Michel, Martin "Does Race Make a Difference to 'Stand Up' Laws" your position'?" Me More (NPR) (2013): Newspaper Source. March 2, 2014.Moore, John D. "Reasonable Provocation DISTINGUISHING VIGILANTE FROM VIGILANTE IN SELF-DEFENSE LAW Brooklyn Law Review 78.4 (2013): 1659-. " 1698. Academic research completed. Web. 25 February 2014. WEINSTEIN, ADAM. “License to Kill” Mother Jones 37.4 (2012): 44-65 Web. 2014.
tags