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View Poll Results: Are you concerned that stand your ground will be repealed?

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  • Yes

    2 33.33%
  • No

    4 66.67%
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Results 41 to 49 of 49

  1. #41
    Mojibake sprinkles's Avatar
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    Quote Originally Posted by Jennifer View Post
    How do states without this law handle such situations? How many states have a law like this? Just curious -- until the Treyvon thing came up, I wasn't really aware of such laws.
    It depends on whether or not there's a 'duty to retreat' concept on the books, I suppose. It's really kind of a stupid thing that shouldn't need to exist. It's basic self defense.

    One of two things can happen without such a law though:
    1. self defense is just seen as self defense and there isn't really a problem.
    or
    2. victims get sued or even put in jail if there's no provision to reasonably defend yourself


    The total opposite is a duty to retreat law, which some places have, which basically means that you have to take an action to prove that you aren't malicious before you can result to defense. i.e. you have to try to get away first. Otherwise they might jail YOU for assault or wrongful death.

  2. #42
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    This one seems to be much more clear-cut, and I imagine that his trial will be pretty swift. There's not much of a comparison between his and Treyvon's case in terms of contention--he's using the law as an excuse, and it's likely to be seen as a flimsy one.

    That said, I'm not exactly concerned that "stand your ground" has the potential to be repealed. I hope that, if it happens, it's not a political decision made by these two cases alone. There's a lot under the radar that we don't know about but that hopefully is brought to light.

    That said, I'm glad that this is collectively shaking us up and that we're reexamining one of our major tenets--whatever the outcome.

  3. #43
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    Quote Originally Posted by tinker683 View Post
    I could give a shit what you think. It's a stupid law and unless you can show me an instance in which people have justifiably defending themselves under the auspices of this law, my mind isn't going to change.
    Man acquitted of shooting, acted in self-defense

    MIAMI (WSVN) -- A South Florida man who thought he was not going to see his daughter for a long, long time has been cleared of a crime.

    Carlos Rodriguez has spent the past few years behind bars, but an attorney has proved his innocence, and now he has finally found freedom. Rodriguez was facing a lifetime behind bars until he was acquitted by a Miami-Dade jury this week for shooting Tariq Smith in the parking lot of a Miami Lakes club in February of 2009. The shooting victim would survive.

    "Sometimes you're put in a predicament that's either do or die," Rodriguez said. "You know what I'm saying? If you don't do what you have to, then you die," he said.

    Surveillance video from the club shows Rodriguez in a white shirt leaving the club, which has since closed. Then, a large group follows him. Moments later, there would be a shooting, and you will see people running back into the club.

    The defense for Rodriguez argued that he was beaten, surrounded by a large group and felt his life was in danger. Criminal Defense Attorney Andrew Rier said, "He had been beaten, he was bleeding from his mouth, nose and head. He was blocked in. His truck could not pull out. He has no criminal record."

  4. #44
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    Quote Originally Posted by tinker683 View Post
    I could give a shit what you think. It's a stupid law and unless you can show me an instance in which people have justifiably defending themselves under the auspices of this law, my mind isn't going to change. Seems to me its only served to give morons who have no business yielding a weapon (case in point: Treyvon and this case) some sort of defense for yielding their firearms irresponsibly. I'm in favor of the law being rewritten to force people to use their weapons more responsibly or being repealed altogether and newer law being put in its place.
    Quote Originally Posted by DiscoBiscuit View Post
    #GameOver

  5. #45
    Senior Member The Great One's Avatar
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    Quote Originally Posted by tinker683 View Post
    I could give a shit what you think. It's a stupid law and unless you can show me an instance in which people have justifiably defending themselves under the auspices of this law, my mind isn't going to change. Seems to me its only served to give morons who have no business yielding a weapon (case in point: Treyvon and this case) some sort of defense for yielding their firearms irresponsibly. I'm in favor of the law being rewritten to force people to use their weapons more responsibly or being repealed altogether and newer law being put in its place.




    Slippery slope much?
    Look up the "James Workman" case. That man was completely innocent, and he is the reason that we have the stand your ground law in the first place. The guy was sitting peacefully in his RV and was robbed by an intruder. The man was almost jailed, but eventually the case was taken to the supreme court and he was found innocent. Thus the beginning of the stand your ground law.

  6. #46
    Senior Member The Great One's Avatar
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    Quote Originally Posted by DiscoBiscuit View Post
    I knew that I could count on you Disco.

  7. #47
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    It's not hard to prevail when one makes such a self defeating argument.

  8. #48
    Senior Member Bamboo's Avatar
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    People have used excessive force while committing criminal or unnecessarily violent action and have tried to claim they did it in "self defense."

    In those cases, I don't think you should say "we should get rid of this dangerous self-defense idea, people misuse it", instead, the courts should try to make sure that while the lawyers will try to make it work, it doesn't.

    If the teenagers weren't actually armed or he didn't have good reason to believe they were then he's criminally negligent and it may be homicide. The shooter can try to claim whatever defense he wants but if the criteria of "legitimate attack" isn't met than, if the courts are just, his defense will be ruled out.

    As far as I know, you need to act under reasonable suspicion of being attacked for these type of laws to go into effect. How much attack? I don't know.
    Don't know how much it'll bend til it breaks.

  9. #49
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    These two cases are so different from each other. Other than FL being the state in which both happened and this guy possibly using S.Y.G. as a possible defense. There was no physical altercation and approach was made by the shooter. That is very important. It's the media and no offense to thread writers, but throwing the Martin case in with this one muddles both of them.

    This is similar to battered wife syndrome in how much people freak out and sensationalize it. Either way, proof has to exist to give credence to any claim. No use putting the cart before the horse. Or removing these laws because people do.
    ~luck favors the ready~


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