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post #29 of (permalink) Old Dec 5th, 2012, 09:15 PM
country flag RVD
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Re: Here we go again: Florida teen killed in dispute over loud music

Can someone from Florida please tell me how the "Stand Your Ground" law came about?
And I mean the honest to goodness unbiased 'truth'. Not the publicized or legally documented account.

So far, I'm finding the following justifications no matter where I search:
Reports on the case have cited a recent change in Florida law, enacting the principle called “stand your ground.” This is a radical modern distortion of an old common-law doctrine. The old “castle doctrine” held that someone attacked in his or her own home had no “duty to retreat” before using deadly force to repel an attack. The idea behind it was that a person confronted at home literally has no place to go and need not try to run away if facing an immediate threat of violence.

In recent years, gun groups have successfully convinced state legislatures to expand the doctrine outside the home. Florida’s statute now says that a “person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” A person who uses deadly force “is immune from criminal prosecution and civil action for the use of such force.” “Stand your ground laws” have spread across states in the West and South.

Florida’s district attorneys are not thrilled by the law. One told The New York Times that “the consequences of the law have been devastating around the state. It’s almost insane what we are having to deal with.”
This law sounds like a means to circumventing criminal intent. Or stated another way...
A quick and dirty method of killing with discrimination and avoiding criminal prosecution.

The reasons can be highly subjective which would allow the guilty to evade prosecution.

Also, I'm curious whether this law ('the right to carry and use') applies to all Floridians, or are there requirements that have to be met? (i.e. background checks, past criminal records, psyche testing, etc...)

I ask because it seems as though no background sanity checks are performed, and the people doing the shooting appear on the surface to lack rational judgement.

Also, have there been deaths reported where the victim wasn't Black?

Be peaceful, be courteous, obey the law, respect everyone; but if someone puts his hand on you, send him to the cemetery. - Malcolm X
A man who stands for nothing will fall for anything. - Malcolm X
Our greatest glory is not in never falling, but in rising every time we fall. - Confucius
The greatest scholars are not usually the wisest people. - Geoffrey Chaucer
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