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The black and white of Stand Your Ground law

BLACK& WHITE STAND YOUR GROUND OF America has a long history of enshrining racial disparity into law, from the openly race-based policies of slavery and segregation, to the more recent and subtle policies around profiling, "stop-and-frisk" and the so-called War on Drugs. Several states with especially brutal legacies have modified their self-defense laws in ways that have many Americans wondering if these laws are as race-neutral as their supporters claim. We take a look at the historical background and present application of these new Stand Your Ground laws. DUTY TO RETREAT English Common Law required that an individual, when threatened, must "retreat to the wall at one's back" before justifiably killing someone. private persons are not to be hiutid of another. ! Se Mathew Hali, Jarit to take capital revenge one This English Common Law became America's Common Law and is the starting point for all self defense laws to follow. Diny Harry CASTLE DOCTRINE Castle Doctrine is another English Common Law adopted in America to remove people from the "duty to retreat" when attacked in their own home. Every state supports the Castle Doctrine through legislation, case law, or common law. A mas be man 'a house is his castle - and where shalil a man if it be not in his own house?" safe de Eidward boke, Juiet STAND YOUR GROUND Stand Your Ground laws are renovations to the Castle Doctrines already found in the states. In fact, they are often called Castle Doctrine Expansions. They are also called 'Shoot First', 'The Right to Commit' Murder', 'Line in the Sand', and 'Make My Day' laws. SYG iaws expand the Castie Doctrine in 3 major ways: LOCATION PRESUMPTION IMMUNITY Nobody has ever had to retreat Justifiable homicide requires a Generally speaking, criminal law punishes wrongdoers, and civil law when threatened in the home. SYG 'reasonable belief' that a serious laws remove the 'duty to retreat' threat has been posed, and the threat must be 'imminent'. SYG laws presume that the surviving party had 'reasonable belief' or attempts to restore what was damaged to whoever has been from outside the home as well. wronged. SYG laws give the survivor immunity from civil law that the threat was 'imminent' or suits and sometimes criminal law suits and even arrest. simply that the survivor killed legally in self defense. In other words, it's up to the non-survivor's party to prove otherwise. No duty to retreat from ones vehicie or business. Immunity given to survivors from criminai prosecution or arrest. Presumption that the survivor had reasonabie belief that a serious threat was posed and/or the threat was imminent. No duty to retreat from anywhere one has a right to be. Immunity given to survivors from civil prosecution. WHEN REASONABLE FEAR IS PRESUMED, THE BURDEN OF PROOF LIES WITH THE DEAD. " Fear, is oftentimes, based on ones own bias, so when you have public policy that, literally lends itself to people being able to commit crimes or shootings under the color of law, because they're reasonably afraid, it makes a bad CHIN For public policy and puts the constitutional rights of so many people around the country in jeopardy. - Rev Markel Hutchins, civil rights leader THE PROLIFERATION OF SYG LAWS In 2005, The NRA and Florida Republicans drafted a bill that would soon change the way Americans defend themselves. Jeb Bush signed it into law, and with the help of ALEC (American Legislative Exchange Council) the NRA introduced similar bills all over the country. ATIONAL HOCIATON - ALECE American Legislative Exchange WEAK SYG LAWS STRONG SYG LAWS THE BLACK AND WHITE RESULTS After 2005, justifiable homicides dramatically increased in the stronger SYG states. FLORIDA SYG LAW PASSES AND OTHER STATES FOLLOW 222 JUSTIFIED HOMICIDES IN 2010 FOR SYG STATES 104 JUSTIFIED HOMICIDES IN 2010 FOR NON-SYG STATES 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 176 196 326 TOTAL JUSTIFIABLE HOMICIDES FROM SYG AND NON-SYG STATES WHEN REASONABLE FEAR IS A LEGAL DEFENSE, RACISM COULD MASQUERADE AS A DEFENSE. White on Black killings account for 3% of all homicides but account for 16% of justifiable homicides. Black on White killings account for 7% of all homicides but account for 3% of justifiable homicides. JUSTIFIABLE HOMICIDESI HOMICIDES 44% 3% 16%/ 36% 40% 39% 7% PERCENT OF HOMICIDES RULED JUSTIFIABLE SYG STATES Since 2005, on average White on Black killings are justified 17% of the time while Black on White killings are justified 1% of the time. 25% 20% 15% 10% 5% 2005 2006 2007 2008 2009 2010 5% 10% 15% NON-SYG STATES Since 2005, on average White on Black killings are justified 10% of the time while Black on White killings are justified 1% of the time. PERCENT OF HOMICIDES RULED JUSTIFIABLE THAT INVOLVE HAND GUNS & STRANGERS OF THE OPPOSITE RACE 35% 30% 35% 20% 15% 10% 5% 0% NON-SYG STATES SYG STATES WHEN MOST OF THE STATES THAT SUPPORT STAND YOUR GROUND LAWS ARE THESE STATES, SLAVE STATES JIM CROW LAWS LYNCHINGS IT'S NO WONDER AMERICANS ARE CONCERNED ABOUT THE BLACK AND WHITE OF STAND YOUR GROUND. injustice anywhere is a threat to justice everywhere." Dr. Martin Luther King, Jr., 7089 Letter from Birmingham Jail, April 16, 1963 Brought to you by: www.topcriminaijusticedegrees.com Sources: DESIGNER: ERIC PHILLIPS.NET http://www.theatlanticcities.com/politics/2013/07/its-not-just-zimmerman-race-matters-lot-stand-your-ground-verdicts/6195/ http://blog.metrotrends.org/2013/06/stand-ground-laws-racial-bias/ http://online.wsj.com/article/SB10001424052702303404704577311873214574462.html#project%3DSTAND0330%26articleTabs%3Dinteractive http://www.ncsl.org/issues-research/justice/self-defense-and-stand-your-ground.aspx http://www.nblsa.org/_files/live/NBLSA_Stand_Your Ground_(White_Paper).pdf http://www.scribd.com/doc/96430532U-S-Commission-On-Civil-Rights-Proposal http://www.apainc.org/files/DDFO0000/Castle-Doctrine%20Expansion%20Chart%2010.2012.pdf http://en.wikiquote.org/wiki/Edward Coke http://en.wikipedia.org/wiki/Slave_and_free_states http://en.wikipedia.org/wiki/Matthew_Hale_(jurist) http://www.pbs.org/wnet/jimcrow/themap/index.html http://www.gpb.org/news/2012/05/07/georgias-stand-your-ground-law http://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html RIFLE

The black and white of Stand Your Ground law

shared by rafaela.moroe on Sep 25
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An interesting infographic of the historical background and present application of the new Stand Your Ground laws

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