Archive for the ‘Stand Your Ground Law’ Category

Stand your ground law, Trayvon Martin and a shocking …

About this project

The Tampa Bay Times used published newspaper reports, court records and documents obtained from prosecutors and defense attorneys to compile a partial list of self-defense cases in Florida since 2005. Although this list likely contains most fatalities in which "stand your ground" was invoked, it does not include scores of less serious cases from around the state.

Not all self-defense cases were considered. The Times included 118 cases in which a stand your ground immunity hearing before a judge was requested. In the majority of the remaining cases, a law enforcement official, prosecutor or defense attorney invoked the law.

The Times also included 29 cases where circumstances appeared to reflect the Legislatures intent when it passed the law. For example, if a defendant claiming self-defense could have retreated from a confrontation but chose not to, the case was classified as stand your ground.

Home invasion robberies and other cases that clearly would have been self-defense under previous law were not included unless a stand your ground immunity motion was filed. If a case occurred on the defendants property but outside the home, it was included if the defendant could have retreated inside the home.

The race and ethnicity of victims and defendants were compiled from various sources, including police reports and drivers license records. Police and sheriffs offices often consider Hispanics as an ethnic group and record their race as white or black. As a result, some Hispanics may not be counted in their race category in the Times calculations.

Some cases may have changed significantly since the original media reports as a result of further investigation or court events. As a result, some summaries may be incomplete or contain outdated information.

Some cases are still pending and no determination of guilt has been made. If you have information about any factual errors in a summary, or about further developments in a case, please fill out our case submission form.

Times investigations editor Chris Davis did an interview explaining the investigation on WFLA. Listen here.

Page last updated: Aug. 13, 2013

Link:

Stand your ground law, Trayvon Martin and a shocking ...

Michigan's stand-your-ground law

(WXYZ) - Benjamin Crump, the attorney who represented the family of Trayvon Martin, will share reasons for seeking the repeal of Michigan's stand-your-ground law Monday, April 14, at Wayne State University Law School.

Martin, a 17-year-old African American, was shot dead by George Zimmerman during an altercation Feb. 26, 2012, in Florida. The subsequent trial and Zimmerman's acquittal in June 2013 made worldwide headlines. Zimmerman's successful plea was that he had acted in self-defense, although Martin was unarmed, and that under Florida's stand-your-ground statute, Zimmerman had the right to do what he did.

Crump, a Florida civil rights attorney, will present "Should Michigan's Stand Your Ground Law Be Repealed? Ask Trayvon Martin," sharing his and the Martin family's reasons for the repeal of the stand-your-ground law not only in the state of Florida but in 23 other states, including Michigan, that have similar laws. Crump is speaking as part of his crusade to amend stand-your-ground laws around the country.

The event will be from 12:15 to 1:15 p.m. in the Lecture Hall (Room 2242) of the Damon J. Keith Center for Civil Rights at Wayne Law, 471 W. Palmer St. The event is free and open to the public. Lunch will be provided. Register by contacting Marti Knight at (313) 577-3620 or martha.knight@wayne.edu .

Parking will be available for $6.50 (credit and debit cards only) in Structure One across West Palmer Street from the law school.

Excerpt from:

Michigan's stand-your-ground law

Baldwin County case spotlights Stand your Ground Law – Video


Baldwin County case spotlights Stand your Ground Law
Baldwin County case spotlights Stand your Ground Law.

By: FOX10 News - WALA

Original post:

Baldwin County case spotlights Stand your Ground Law - Video

Stand your ground expansion bill aimed at protecting unborn children advances

Quick links to other pages on this site | Still can't find it? see Site Index

COLUMBIA - A pregnant woman will have the right to use deadly force to protect her unborn child, if a bill making its way through the Senate becomes law.

The Pregnant Women's Protection Law passed the Senate Judiciary Committee on a 3-2 vote, with Senators Brad Hutto, D-Orangeburg, and Karl Allen, D-Greenville, dissenting. The bill aims to allow for a woman to use whatever force necessary if she fears a person is trying to cause her or her unborn child harm.

Critics of the measure, however, argued the law was redundant and unnecessary. They echoed each other's words when standing before the committee, arguing South Carolina already has one of the broadest stand your ground laws in the country and that adding the pregnant women's law was not needed.

Hutto questioned what the bill addressed that wasn't already in state law and argued a mother already has the authority to stand her ground whether she's pregnant or not.

"You're only authorizing the mother to defend the child," Hutto said. "She already has that right."

Under current law, anyone can stand their ground without the duty to retreat if the person "reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime."

But Sen. Chip Campsen, R-Charleston, said sometimes these crimes happen when the boyfriend is trying to harm the unborn child and not necessarily the mother. He introduced an amendment - which passed 3-2, also with Hutto and Allen dissenting - to the state's stand your ground law that would add the clause "to include a pregnant woman protecting her unborn child."

"I can envision a factual situation where an assault. really kills the unborn child, does not rise to the level of great bodily injury, but yet can be effective in killing the unborn child," Campsen said.

Sen. Greg Hembree, R-North Myrtle Beach, also argued in favor of the measure, adding the bill would close a loophole in the law that doesn't give women the right to defend an unborn child from great bodily harm. He said a woman would not be immune from prosecution just by telling police she was "trying to protect my baby."

Read more here:

Stand your ground expansion bill aimed at protecting unborn children advances

South Carolina May Expand "Stand Your Ground Law" To Protect Fetuses

In a strange combination of two hot-button, polarizing political issues, South Carolina may expand its current Stand Your Ground law to permit the use of deadly force to protect a fetus.

The expansion of the law, referred to as the Pregnant Womens Protection Act, was approved 3-2 by a state Senate committee on Thursday, although its currently unclear how far the legislation is going to progress. The law would allow pregnant women to use deadly force to protect unborn children beginning at conception.

Although the legislation specifically references pregnant women and fetuses, opponents argue that the expansion of the law would be no different than the states current Stand Your Ground law. If a pregnant woman is threatened, her unborn child is automatically threatened as well, opponents argue. ThinkProgress suggests that the new legislation is simply an effort to advance the classification of unborn fetuses as personhood according to state law.

While the Senate committee works to expand the law, other state politicians are looking to repeal it. According to the Huffington Post, Rep. Harold Mitchell (D) introduced legislation in March that would repeal South Carolinas Stand Your Ground law.

See original here:

South Carolina May Expand "Stand Your Ground Law" To Protect Fetuses