Stand Your Ground

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  • Dwight Schr-ute
    Members Only
    • May 2011
    • 4917

    #1

    Stand Your Ground

    In light of the recent events involving Trayvon Martin, the 17 year old Florida teenager that was shot while walking in his own neighborhood by an overzealous community watch.




    George Zimmerman, the shooter, has since used the "Stand Your Ground" defense and argued his actions were in self defense. I From what I know about the stand your ground law, the concept makes a lot of sense and is an improvement over the previous law which required an attempt to flee prior to engagement. Having said that, my interpretation of stand your ground has be believing that there's no justifiable reason for Zimmerman to still be a free man. The facts that we know are:
    Zimmerman trailed Martin.
    Dispatch encouraged Zimmerman disengage from following the "suspect." Zimmerman ignored this advice and ended up engaging the suspect.
    Another innocent black young man is dead.


    What I am failing to grasp is the legality of "Stand Your Ground" when you keep imposing "your" ground onto someone else's ground. It seems about as logical as jumping into traffic and then shooting at cars because they were attempting to inflict harm on you. I'm glad to see that this is gaining some national traction and I hope that we see some justice eventually served.

    To quote Mr. Zimmerman himself, "These assholes always get away."

    On a related note, I appreciated this article. http://www.huffingtonpost.com/michae...trayvon-martin
    I told him he was a goddamn Nazi Stormtrooper.
  • PaloAltoCougar
    Semper infra dignitatem
    • Nov 2008
    • 16932

    #2
    It's a very troubling issue and I hope the Florida courts (or the Supremes) dial it back a bit on how the law is applied. There's another Florida case pending where a a young father was playing basketball with his 8 year-old daughter and a kid was skateboarding around on the other end of the court. An onlooker yelled at the kid, telling him to get off the court. The young father told the onlooker it was cool and to let the kid alone. A heated argument ensued between the dad and the onlooker whipped out a gun and shot the father, dead, in front of the young girl. The shooter is claiming self defense in that, per the Florida law, he had a "reasonable fear of serious harm."

    Frankly, this is why I have serious concerns about letting citizens pack heat. The number of reported "justifiable" homicides in Florida has tripled since the Florid Stand Your Ground law was adopted without, I believe, a corresponding decrease in violent crimes. Should one be able to use a .38 if the other side only has, at most, a pair of fists? I think the old law, still followed by most states, that you should retreat first, and that deadly force can only be used if deadly force is threatened against you, is preferable to Stand Your Ground.

    But the NRA is pushing for Stand Your Ground laws around the country. This case will have a big say in whether it succeeds.

    Comment

    • byu71
      Senior Member
      • Nov 2008
      • 22070

      #3
      Originally posted by PaloAltoCougar View Post
      It's a very troubling issue and I hope the Florida courts (or the Supremes) dial it back a bit on how the law is applied. There's another Florida case pending where a a young father was playing basketball with his 8 year-old daughter and a kid was skateboarding around on the other end of the court. An onlooker yelled at the kid, telling him to get off the court. The young father told the onlooker it was cool and to let the kid alone. A heated argument ensued between the dad and the onlooker whipped out a gun and shot the father, dead, in front of the young girl. The shooter is claiming self defense in that, per the Florida law, he had a "reasonable fear of serious harm."

      Frankly, this is why I have serious concerns about letting citizens pack heat. The number of reported "justifiable" homicides in Florida has tripled since the Florid Stand Your Ground law was adopted without, I believe, a corresponding decrease in violent crimes. Should one be able to use a .38 if the other side only has, at most, a pair of fists? I think the old law, still followed by most states, that you should retreat first, and that deadly force can only be used if deadly force is threatened against you, is preferable to Stand Your Ground.

      But the NRA is pushing for Stand Your Ground laws around the country. This case will have a big say in whether it succeeds.

      Normally I am pro letting one have firearms. However, I think this Stand Your Ground Law is bad law. However, if a couple of these people get sent away for life who claim the law as defense, maybe people will think twice about killing someone just because they piss you off.

      Comment

      • RobinFinderson
        Banned
        • Nov 2008
        • 10548

        #4
        Originally posted by PaloAltoCougar View Post
        Frankly, this is why I have serious concerns about letting citizens pack heat. The number of reported "justifiable" homicides in Florida has tripled since the Florid Stand Your Ground law was adopted without, I believe, a corresponding decrease in violent crimes. Should one be able to use a .38 if the other side only has, at most, a pair of fists?.
        Wow. I've taken heat from some conservatives for claiming to be pro-gun-rights, but not supportive of the NRA, and this situation does a good job of encapsulating why someone might feel as I do.

        Comment

        • byu71
          Senior Member
          • Nov 2008
          • 22070

          #5
          Originally posted by RobinFinderson View Post
          Wow. I've taken heat from some conservatives for claiming to be pro-gun-rights, but not supportive of the NRA, and this situation does a good job of encapsulating why someone might feel as I do.
          I can't pass up this opportunity because it doesn't happen all that often.

          I AGREE WITH YOU.

          Comment

          • Uncle Ted
            The Big 12 money shot.
            • Apr 2010
            • 28853

            #6
            There is a difference between citizens and responsible citizens. A responsible citizens will take a concealed handgun class that includes a good review of gun laws, firearm safety, instruction on when it is and when it is not justified to use deadly force for personal protection, voluntary fingerprinting, and a demonstration of proficiency in handgun shooting on the range. Note that this is not the concealed handgun class that is taught in places like Utah and Arizona (and I am guessing Florida). Responsible citizens are the only ones, IMHO, that should be allowed to "pack heat" since they have gone through all the trouble of demonstrating they are one of the "good guys". In short, I don't agree with the statement that all citizens should not be allowed to carry guns unless you can somehow completely remove all guns from the Earth.
            "If there is one thing I am, it's always right." -Ted Nugent.
            "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
            "Yet I still see wisdom in that which Uncle Ted posts." -creek.
            GIVE 'EM HELL, BRIGHAM!

            Comment

            • Omaha 680
              Senior Member
              • Jul 2011
              • 11178

              #7
              Originally posted by Uncle Ted View Post
              There is a difference between citizens and responsible citizens. A responsible citizens will take a concealed handgun class that includes a good review of gun laws, firearm safety, instruction on when it is and when it is not justified to use deadly force for personal protection, voluntary fingerprinting, and a demonstration of proficiency in handgun shooting on the range. Note that this is not the concealed handgun class that is taught in places like Utah and Arizona (and I am guessing Florida). Responsible citizens are the only ones, IMHO, that should be allowed to "pack heat" since they have gone through all the trouble of demonstrating they are one of the "good guys". In short, I don't agree with the statement that all citizens should not be allowed to carry guns unless you can somehow completely remove all guns from the Earth.
              Spot on. In a properly run conceal/carry class, they don't just teach you gun safety and gun laws for your state. They also go over conflict resolution and de-escalation/escalation scenarios. Our guy taught us very specifically when it is appropriate for you to escalate the conflict and when it is not. It was very helpful. It's impossible to take the emotion entirely out of a possible life-threatening situation, but proper training can help minimize it. It also hammers home the obvious fact that anger should NEVER be a motivation for escalation when you're carrying.

              Comment

              • Omaha 680
                Senior Member
                • Jul 2011
                • 11178

                #8
                Originally posted by PaloAltoCougar View Post
                Should one be able to use a .38 if the other side only has, at most, a pair of fists? I think the old law, still followed by most states, that you should retreat first, and that deadly force can only be used if deadly force is threatened against you, is preferable to Stand Your Ground.
                What about a baseball bat? How about three pairs of fists? There are lots of situations where at least the threat of deadly force may be appropriate as a defense before you are threatened with obvious deadly force. The key is proper training. Obviously you shouldn't be able to whip out your piece and start blasting during an argument and then claim reasonable fear of significant harm as a defense.

                Comment

                • PaloAltoCougar
                  Semper infra dignitatem
                  • Nov 2008
                  • 16932

                  #9
                  Originally posted by Omaha 680 View Post
                  What about a baseball bat? How about three pairs of fists? There are lots of situations where at least the threat of deadly force may be appropriate as a defense before you are threatened with obvious deadly force. The key is proper training. Obviously you shouldn't be able to whip out your piece and start blasting during an argument and then claim reasonable fear of significant harm as a defense.
                  Baseball bat, yes; fists brandished (if indeed they were) by a kid weighing 100 lbs. less than Zimmerman, probably not. One hopes all the facts of this case will come out, as preliminarily it certainly seems like Zimmerman violated even the very generous standards of Florida's Stand Your Ground law.

                  And IF a person received a proper training and adhered to it, I'd be fine with the person carrying a piece. But (a) is every class going to truly provide adequate training, (b) is every student going to truly absorb all elements of that training, and (c) will every student apply that knowledge in the heat of battle? Obviously, the answer is no, and so I'm still nervous about the prospect of being surrounded by people carrying guns. I'll admit I'm a wuss.

                  Comment

                  • LA Ute
                    Receiver of Memory
                    • Nov 2008
                    • 19512

                    #10
                    Everyone should have access to one of these, with proper training:

                    “There is a great deal of difference in believing something still, and believing it again.”
                    ― W.H. Auden


                    "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                    -- Robert Bolt, A Man for All Seasons


                    "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                    --Antoine de Saint-Exupery

                    Comment

                    • DU Ute
                      RIP CUF
                      • Dec 2008
                      • 7393

                      #11
                      Originally posted by PaloAltoCougar View Post
                      Baseball bat, yes; fists brandished (if indeed they were) by a kid weighing 100 lbs. less than Zimmerman, probably not. One hopes all the facts of this case will come out, as preliminarily it certainly seems like Zimmerman violated even the very generous standards of Florida's Stand Your Ground law.

                      And IF a person received a proper training and adhered to it, I'd be fine with the person carrying a piece. But (a) is every class going to truly provide adequate training, (b) is every student going to truly absorb all elements of that training, and (c) will every student apply that knowledge in the heat of battle? Obviously, the answer is no, and so I'm still nervous about the prospect of being surrounded by people carrying guns. I'll admit I'm a wuss.
                      I would feel safer walking the streets with 5 criminals carrying guns per every 1000 people than 5 criminals and 100 trained concealed carriers per every 1000 people. Much, much safer.
                      "In conclusion, let me give a shout-out to dirty sex. What a great thing it is" - Northwestcoug
                      "And you people wonder why you've had extermination orders issued against you." - landpoke
                      "Can't . . . let . . . foolish statements . . . by . . . BYU fans . . . go . . . unanswered . . . ." - LA Ute

                      Comment

                      • LA Ute
                        Receiver of Memory
                        • Nov 2008
                        • 19512

                        #12
                        Originally posted by DU Ute View Post
                        I would feel safer walking the streets with 5 criminals carrying guns per every 1000 people than 5 criminals and 100 trained concealed carriers per every 1000 people. Much, much safer.
                        So you do not support our divinely inspired Constitution? Another one deceived by the subtle craftiness of men. Sad. Which one are you on The Painting? I see you somewhere in the lower right-hand corner.
                        “There is a great deal of difference in believing something still, and believing it again.”
                        ― W.H. Auden


                        "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                        -- Robert Bolt, A Man for All Seasons


                        "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                        --Antoine de Saint-Exupery

                        Comment

                        • DU Ute
                          RIP CUF
                          • Dec 2008
                          • 7393

                          #13
                          Originally posted by LA Ute View Post
                          So you do not support our divinely inspired Constitution? Another one deceived by the subtle craftiness of men. Sad. Which one are you on The Painting? I see you somewhere in the lower right-hand corner.
                          Is there a Son of Perdition on there? Did I mention I'm going to be a delegate at the Democratic conventions next month? :devil:
                          "In conclusion, let me give a shout-out to dirty sex. What a great thing it is" - Northwestcoug
                          "And you people wonder why you've had extermination orders issued against you." - landpoke
                          "Can't . . . let . . . foolish statements . . . by . . . BYU fans . . . go . . . unanswered . . . ." - LA Ute

                          Comment

                          • LA Ute
                            Receiver of Memory
                            • Nov 2008
                            • 19512

                            #14
                            Originally posted by DU Ute View Post
                            Is there a Son of Perdition on there? Did I mention I'm going to be a delegate at the Democratic conventions next month? :devil:
                            “There is a great deal of difference in believing something still, and believing it again.”
                            ― W.H. Auden


                            "God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
                            -- Robert Bolt, A Man for All Seasons


                            "It is only with the heart that one can see rightly; what is essential is invisible to the eye."
                            --Antoine de Saint-Exupery

                            Comment

                            • myboynoah
                              Senior Member
                              • Nov 2008
                              • 21719

                              #15
                              Originally posted by PaloAltoCougar View Post
                              Baseball bat, yes; fists brandished (if indeed they were) by a kid weighing 100 lbs. less than Zimmerman, probably not. One hopes all the facts of this case will come out, as preliminarily it certainly seems like Zimmerman violated even the very generous standards of Florida's Stand Your Ground law.

                              And IF a person received a proper training and adhered to it, I'd be fine with the person carrying a piece. But (a) is every class going to truly provide adequate training, (b) is every student going to truly absorb all elements of that training, and (c) will every student apply that knowledge in the heat of battle? Obviously, the answer is no, and so I'm still nervous about the prospect of being surrounded by people carrying guns. I'll admit I'm a wuss.
                              No, you're not a wuss. Having people walk around "packing heat" is insane. But if we are going to insist on allowing folks to do this, and even make them take "training," then when they screw up, there should be severe consequences. This guy shot and killed an unarmed kid in a public area. It even appears that he sought out the confrontation. Why isn't he even charged with a crime?
                              Give 'em Hell, Cougars!!!

                              For all this His anger is not turned away, but His hand is stretched out still.

                              Not long ago an obituary appeared in the Salt Lake Tribune that said the recently departed had "died doing what he enjoyed most—watching BYU lose."

                              Comment

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