ABSTRACT
Stand your Ground Law and Black Youth
The controversies surrounding Stand your Ground Laws have recently captured the nation’s attention. From the infamous Trayvon Martin case, in Florida alone, 26 children have been killed in Stand Your Ground cases. Since 2005, eighteen states have passed laws extending the right to self-defense with no duty to retreat to any place a person has a legal right to be. Despite the implications that these laws may have for public safety, there has been little empirical investigation of their impact on crime and victimization. In this paper, I will be researching reasons why Stand your Ground Law was implemented, the impact of this law on crime and victimization against black youth. Focusing on many
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He was claimed to have used justifiable use of force though he was told not to follow Trayvon, and he was not suppose to have gun being the community watchman. Due to the conditions that triggered the shooting this induced major media coverage and the big topic being discussed at the time was using Stand Your Ground laws which allows individuals to use force, including lethal force, in self defense when there is reasonable belief of a threat, without having any duty to retreat first. Stand your Ground law states that a person may use deadly force in self-defense without the duty to retreat when faced with a reasonable perceived threat. When Stand your Ground laws were advocated in Florida and other states, their proponents marketed them as a reestablishment of a natural right, arguing “the duty to retreat has not always been a part of the common law”. The historical context may be misleading, allowing self-defense only when reasonably necessary, and a duty to retreat when attacked outside one’s home. The National Rifle Association seek to influence the Stand your Ground Law as a away for people to protect themselves. Though opponents who were against this law worried it would encourage the use of deadly force. For example, a 2004 case James Workman, a seventy-seven year old retiree who was sleeping in his RV, where an intruder busted into the trailer. James shot the intruder and had to wait months for the verdict. Prosecutors then decided the shots he
Reports of police brutality against black people are plastered all over the news. Laws such as the “stand your ground” law have been passed to protect police officers; this law makes it so that if a person reasonably perceives someone to be threatening, he or she can attack that threat in self-defense. However, this then leads to racialized perceptions of threats. In her article “The ‘Ground’ in ‘Stand Your Ground’ Means Any Place a White Person Is Nervous,” Patricia J. Williams writes, “Police officers are charged with a duty to serve and protect public, collective geographies, not just ‘their’ ground.” In the 1951 article, Sasser takes on this duty through his determination to stop the KKK; he is protecting the general public and not his own ground. The Horry County deputies risked their own freedom and safety to protect the public from the Klan. In present-day America, the protection of police and of whiteness is valued over the protection of public lives, regardless of race. This is valuing one person or one group of people over millions of minorities. According to Williams, the job of the police is to protect the public—regardless of race, location, dress, etc.—and not their own ground. The Horry County police in 1951 understood this well by taking action against the KKK to protect their citizens. Conversely, the protection modern-day police is valued over the protection of minorities
Paula Austin, addresses police brutality and their relationship with guns. She opens up her discussion by providing us with images of newspaper articles that demonstrate the image of police brutality. She then goes further in depth and illustrates the increase in gun kills demonstrated by the police force. She provides us with statistical data on the increase in deaths caused by police through guns. Moreover, she then draws the connection between police and race. She addresses to us on how African Americans are way more targeted against by police than any other race. She provides us with the most recent example of “ Stephon Clark” an unarmed black man who was killed by police on the notion that he was “armed”. She then examines this event and illustrates the further connection towards guns and
The professors use hard hitting facts that demonstrates the truth behind African Americans and the way the law enforcement perceives them, giving the reader some distinctive insight. The history of the law enforcement along with the criminal justice system has portrayed that they are disproportionality race-based. Blacks are more likely than whites to be racially profiled (Staples 2011), to be stopped by law enforcement, and receive harsher sentences. Unfortunately, it has been shown time and time again that judges, jurors, and the law enforcement finds it challenging for them to sympathize with African Americans. All in all this body of academic work has highlighted external factors that have shaped the lives of Blacks in America without giving due attention to the words of Rodney King, the man who became the face of racial injustice (Chaney and Robertson 2014). Four themes were unveiled in the analysis King’s quotes: appreciation for the struggles of former Civil Rights Activists, appreciation for the legal system, personal feelings related to police brutality, and the desire for non-violence as a catalyst for positive
“From that point on,” after witnessing the body—and Mamie’s courage—“Mississippi began to move” (Bush 3). On July 2nd 1964, John F. Kennedy signed the civil rights act into law. Now, This was meant to be a turning point in history and the act of gunning down a black youth became a staple case of racism considering it was the case that led to the enactment of the Civil Rights Act. However, within the emergence of this new racism, “African American males between the ages of 15 and 34 comprised more than 15% of all deaths logged in 2015 by investigation into the use of deadly force by police” (Swaine 1) even though African American males only make up 2% of the population. From Emmett Till’s gunning down in 1955 to Walter Scott’s in 2015, we are witnessing history repeat itself when America can clearly see, “of course the evidence is not there, but we are still claiming skin color was not a factor” (Crump 2). The city of North Charleston, S.C., was all too willing to accept the officer’s version of events, even though the physical evidence clearly showed that the officer had landed four out of eight bullets in Scott’s
“Don’t Shoot”, a young African American male says to the police before they shoot him multiple times killing him. He was eighteen year old Michael Brown, and his death shed light on the ongoing issue of police brutality against African Americans. Police brutality is the use of unnecessary force on individuals by law enforcement. These civilians mostly be minorities especially African Americans. Police brutality toys with human rights and violates the fourteenth amendment. In the Constitution, The Fourteenth Amendment states that “States cannot make or put into effect any laws that restrict the rewards or protections of any citizen of America. No state can remove any citizen’s life, freedom, or belongings without right use of the regulation. Everyone is given the equal protection under the law.”(United States Constitution). Police brutality against African Americans is a serious civil problem, but in order to stop police brutality, Americans must diversify police departments, eliminate racial profiling, instill body cameras, and focus the fight of police brutality on local and state levels.
In 2005, Florida became the first state in the United States to enact the Stand Your Ground Law. Before the enactment of this deadly law, the justifiable homicides per year was around twelve. Many incidents have occurred since 2005. In 2016 seeing the stand your ground law are no longer foreign but, domestic. Violent altercations, police brutality, and naive judgements are the main reason why America is America.
The Stand Your Ground law expands and provides additional defense guidelines involving home or vehicle invasions. Before 2005 and Stand Your Ground, an occupant of a home or vehicle had to reasonably believe they were in imminent danger and that they needed to use force to prevent death or serious bodily hard to themselves or their home/vehicle, and provide proof of that fear (Hussein, 2014). This previous legislation was derived from the English Common Law known as the Castle Doctrine. After 2005 however, the intruder is presumed to be in the home or vehicle with the intent to commit an unlawful act involving force or violence and therefore, the resident can use any means to defend his home/vehicle from intrusion. Stand Your Ground in essence
The United States Constitution is a social contract between the U.S. government and its citizens, which promises their [the citizens’] rights and liberties will be protected. The Second Amendment in the Bill of Rights states that every citizen has the Right to Bear Arms; moreover, it means that an individual has the right to defend him or herself from physical harm. States are passing Stand Your Ground laws, which are similar to the Castle Doctrine (one has the right to defend oneself in the confines of his or her home), but the Stand Your Ground laws extend the range; instead, people may defend themselves using deadly force in any area they are permitted access (Jealous, 2013; Cox, 2013; Moore, 2012). Stand Your Ground laws contain flaws wherein predators or vigilantes may twist the law to their benefit, yet the Stand Your Ground laws are meant to justify the deeds victims must perform in order to defend themselves. Stand Your Ground laws are beneficial through their fundamental purpose, but how defendants are abusing the laws and how critics claim that the presence of a gun influences the victim’s decisions during an attack are detrimental to the enhancement of the laws.
In case they happen to run into law enforcement. The effect is BLACK LIVES MATTER movement, police being shot down in the street. Back in 1931 racism was a common thing in the south and because of stereotyping today in 2014 racism still exists. The consequences are a 15 year old, Dallas and a eleven year old Amari two brothers being told by their parent Shanel Berry to “Square your shoulders, look people in the eye, and defend what’s right, but with an exception of the police. She says, “Even if they pull you over for nothing just comply to their demands.” Fear of local law enforcement of the people in black and blue their to protect you. The fear or rational thought of one's own stereotype can create a belief that passes on to yourself and your children
“What are you following me for?” “You shot me. You shot me!” “Please don’t let me die” “Officer, why do you have your guns out?” “I can’t breathe.” “I don’t have a gun. Stop Shooting.”(The Last Words). These were some of the last words from victims of police brutality against African Americans. Police brutality has been occurring ever since the police force began, but recently, the police have been targeting African Americans. In 2016, more than 250 African Americans were killed by the police. Most of the victims were unarmed and have not committed a serious offense. These frightening statistics do not have to continue. If the average American recognized the severity of the issue and raised their voice, this inequity
To begin, what is the “Stand Your Ground Law”? Well many states such as: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia have stand your ground laws which state that individuals do not have to retreat before using force in a self- defense situation or many states have laws that are remarkably similar to stand your ground laws. Stand Your Ground laws started in 2005 when Florida was the first state that passed the stand your ground law which basically allowed individuals to stand their ground instead of fleeing or retreating if they believed
As I witnessed the videos and sound recordings of the police killings of these Black youth: Trayvon Martin, Aiyana Stanley-Jones, Michael Brown, Tamir Rice and Darnisha Harris, I, too, lost hope for racial equality and developed a fear of law enforcement that still exists to this day. These emotions are quite common amongst Black youth, yet the presence of such is
The brutality of the police force has been a long worldwide problem, but especially between the years of 2012-2016. Black people are being unjustly beaten and shot in plain sight for doing nothing while being unarmed. Journal of African American Studies “Blacks are viewed as deserving of harsh treatment in the criminal justice system” (482). “Black males with more “Afrocentric” features may receive longer sentences than blacks with less Afrocentric features like lighter skin and straighter hair”(482). Nowadays it is important to know about the police force. It’s important to know our rights as citizens and be careful around cops. Not everybody is good, but not everybody is bad also. In The New York Amsterdam News 21 people were killed by Chicago police in 2008. Entire families were being attacked. They believe it’s because of their skin color and how they are different. The year of racism started off with the world seeing the police murder of Oscar Grant. “The media have pushed people away from hearing the issue of police brutality, and it has fallen off of the radar screen.”(2) “You can’t give in. They will try to make an example out of you, try to break your spirit!”(2) African Americans say do not trust the cops with anything. “They will ruin you.”(2)
A young man’s brutal death at the hands of the police is found justified in a court of law due to his “suspicious” appearance: a black hoodie and his hands in his pocket. An elderly woman is fatally shot in her home for her relation to a suspected criminal. A married man with two toddlers is choked to death after a minor traffic stop by an officer who later claimed that his unarmed victim was wielding a gun. These people all have a few commonalities: the color of their skin, their presumed guilt at first sight, and their ultimate unjustified death administered by the law force. These are not uncommon occurrences. Due to the staggeringly disproportionate rate of African-Americans killed by the police, and the underlying rampant racial profiling, police brutality towards blacks in America must be called to light.
Excessive force and police brutality have become common terms for anyone keeping up with today’s current events. In 2014, the media covered numerous cases of excessive force that resulted in the deaths of several people of color (Nelson & Staff, 2014). The most widely covered cases by the media in 2014 were of Michael Brown, an 18-year-old black male shot and killed by police officer Darren Wilson in Ferguson, Missouri; and Eric Garner, a 43-year-old black male in Staten Island, New York who was put into a choke by police officer Daniel Pantaleo until he lost consciousness and stopped breathing (Nelson & Staff, 2014). These cases brought attention to the seriousness of police brutality and the curiosity of how often it occurs (Brown, 2015).