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USANews版 - Reality Of Stand Your Ground Self Defense Laws
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话题: law话题: zimmerman话题: stand话题: martin话题: ground
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l****z
发帖数: 29846
1
Written by Mark Rogers
With the emergence of the Trayvon Martin/George Zimmerman case, predictably,
the focus on the issue of who was at fault in a crime is now seriously
distorted. First of all, nobody knows. If it was clear, there wouldn’t be
the endless news show, comedian, “civil rights” activist talking heads, “
racism” enthusiasts, gun advocates and opponents brawl going on now. And of
course, much discussion has centered on the Stand Your Ground law in
Florida.
To be clear, people are murdered daily all over the U.S. under a wide range
of conditions. Few of the cases ever make it outside of state news. Many
never make it outside local news. The Martin/Zimmerman case is a local case,
the outcome of which will ultimately be decided by local and state
authorities. But no, in this case, it’s become a national cesspool of pet
issues being pursued by virtue of the case.
So what’s it all about?
Bill Cosby says, “It’s not about racism. It’s about guns.” Bill Mahr
makes statements on his dishonest, foul mouthed show, that he states as
facts that nobody has actually determined.
The “reverend” Al Sharpton who has the proven character qualities of a
carnival sideshow hawk is shouting his usual racist garbage.
Gun rights advocates who are writing and speaking first, thinking later, are
showing up everywhere from forums to Facebook to YouTube to spout their
purported “facts” about the case. None of these is showing any
intellectual sense whatsoever.
Nobody yet knows what was or was not justified, and why, in this case.
The Stand Your Ground law has been considered by police and has been invoked
in this case. And of course now the law and it’s virtue or evil has been
blathered all over the place between gun rights advocates and gun rights
opponents. Neither has any warranted reason to start a public battle about
it this over a case like this.
The issue is whether there has been a justified self defense shooting.
Period. Whether the shooting was justified or not has nothing to do with the
stand your ground law. It only has to do with whether Zimmerman was
criminally assaulted under the danger of grave harm or death.
But it’s out there so I guess I’ll take my turn dealing with it here.
Here are the facts about Stand Your Ground laws, including Florida’s:
Self defense shootings are still only justified if it is determined that
the shooter was in danger of grave bodily harm or death.
Stand Your Ground law does not give anyone more right to shoot someone
than they had before passage of such laws. No less justification for a
shooting will stand the test of law because of it.
It does not “create” any trigger happy mentality like gun haters claim
. That’s all it is; a claim. It does not turn otherwise decent, law abiding
people into killers. It does nothing to any gun owner’s personality.
What it does is gives victims of violent criminals the right to defend
themselves with lethal force without having to make a half dozen different
decisions about “retreating”.
It adds a layer of validity to legitimate self defense without the fear
of the victim becoming a criminal by that act of self defense.
And here’s just a point to make anybody stupid enough to claim it makes
more law abiding people more violent. Do you really think that anybody that
is being criminally assaulted, fearing for their or their family’s lives,
is going to stop and think, “gosh the stand your ground law gives me the
right” ….. so lets’ see, I think I can just stand in front of my wife and
daughter and kill this person legally and without….
Come on! Nobody under the stress of knowing somebody is about to kill them
or their loved ones thinks about anything other than stopping the assault.
The law just protects people who validly defend themselves without taking
the time to sort out which way to run.
And no, not even people who agree with me know
This is not a train for my gun owning, second amendment advocate friends to
jump on to defend Zimmerman. The law may have applied to Martin. Nobody
knows yet. This just clarifies the intent and value of the law.
*If Trayvon were in the neighborhood with criminal intent, came back at
Zimmerman and accosted him, with the intent of great bodily harm or death,
the law would apply to Zimmerman.
*If Zimmerman followed Martin and pursued him threateningly, to the point
where Martin turned to defend himself, accosting Zimmerman, the law would
not apply ….. for Zimmerman. But it would for Martin.
The law may apply in various scenarios here, but these two points seem to be
the ones most in contention currently.
It should not be the law that is in question. It should be the application
of the law based on what actually happened.
Media talking heads are an amazing lot. They become instant experts on
everything news worthy only to be proven wrong again and again. Few media
puppets know which end of a gun shoots, much less any dynamics involved in
this type case or the intent of this type law. But speaking with authority
on things they know nothing about is what they actually excel at.
What is my thought on this type law in general? It is way past due.
No victim of a violent criminal should have to make any decision, other than
to defend themselves effectively and immediately.
There’s nothing wrong with the law. But like any law, it is will be abused
and invoked deceptively. That is where law enforcement and the judicial
system should come into play. To sort out the facts, in a scenario where
they are not immediately clear in the application of the law.
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相关话题的讨论汇总
话题: law话题: zimmerman话题: stand话题: martin话题: ground