chaos wrote:hokahey wrote: Stand Your Ground isn't a bad law either. It simply says if someone is trying to kill you or inflict great bodily harm you're within your rights to kill them first instead of being required by law to retreat. Without this law if someone was trying to beat you to a pulp you'd be required to try to run away instead of possibly following your more natural instinct to defend yourself physically and possibly kill your aggressor before they kill you.
Not everyone has the same instinct (fight/flight), but you are right - in the heat of the moment a survival instinct kicks in.
I didn't know an additional law was necessary. I had always assumed that if someone strikes you first, that person would be seen as the aggressor and the chips would fall into place (justifiable homicide).
I guess it gets sticky when the aggressor is unarmed, and the victim has a gun. For instance if you have two guys, the same build, who get into a fight and the one who started it is winning, whose to say that they other guy won't shoot him to save face.
Any law has the potential to be misapplied, as with the Trayvon Martin. As a result, many people are starting to recognize that they bar may be set way too low with some Stand Your Ground laws when it comes to some kind of proof that an individual feared for his/her life.
Stand your ground was/is not necessary. It makes for vigilantism
Justifiable homicide:
The United States' concept of justifiable homicide in criminal law stands on the dividing line between an excuse, justification and an exculpation. It is different from other forms of homicide in that due to certain circumstances the homicide is justified as preventing greater harm to innocents. A homicide can only be justified if there is evidence to suggest that it was reasonable to believe that the offending party posed an imminent threat to the life or wellbeing of another.
So someone breaks into your home wielding a knife, you take out your permitted handgun & shoot them. Justifiable.
A non-criminal homicide, usually committed in self-defense or in defense of another, may be called in some cases in the United States. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, manslaughter or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past, would generally not be considered justifiable.
In cases of self-defense, the defendant should generally obey a duty to retreat if it is possible to do so. In the states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana,[1] New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, West Virginia, Washington, Wyoming and other Castle Doctrine states, there is no duty to retreat in certain situations (depending on the state, this may apply to one's home, business, or automobile, or to any public place where a person is lawfully present). Preemptive self-defense, cases in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal, no matter how likely it is that one was right. Justifiable homicide is a legal gray area, and there is no clear legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the defendant had no alternative method of self-defense or defense of another than to kill the attacker.
Your on line in the bank, a armed robber comes in to hold up the bank. You pull out your permitted gun & shoot the robber. Justified.
Following a kid down the street who only has a bag of skittles & a can of ice tea on him. You shoot & kill him. Murder. You were defending nothing.