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Eric Holder is questioning why we need "stand your ground" statutes.
You know what? I agree with him. We don't need them. Castle law (which covers what happens in your home) does not have a requirement to retreat in most states. Stand your ground is just an extension of Castle laws, eliminating the requirement to retreat when outside of your home. It also has immunity to civil action (if found not guilty) but that could and should be applied to Castle law if it isn't already. The right to use deadly force in self defense is justified in every state of the country. It needs to meet certain criteria, most importantly being that there is no retreat possible and you are convinced you are in imminent danger of serious bodily harm or death. Self defense laws have been on the books for years. I realize that the Zimmerman trial was not based on stand your ground statues, but it had many of the elements of one including the same language used in the judge's jury instructions. The juror who is currently giving interviews is the wife of a lawyer. Some of her statements cause me to believe that there was some confusion in jury discussions about stand your ground and self defense trials. Having this "Stand your Ground" statute makes it way too easy for people to over-react, kill and then not have to justify their actions. It fosters a cavalier attitude about taking someone's life. It's also one of the reasons Zimmerman wasn't charged with anything until political pressure resulted in his arrest and charge 45 days later. Would Zimmerman's trial outcome have been different if "Stand your Ground" statues didn't exist? Probably not. He was found not guilty based on self defense statutes. But I think the Stand your Ground statues had an affect on the jury. I imagine there are many who will disagree, but that's how I feel. In the state I live in we have a Castle law but no "Stand your Ground outside of your home". That's ok with me. I still carry occasionally and if I were ever in a situation that required deadly force, I'd make damn well sure I felt it was justified. The rest would be up to the courts. |
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