Archive for the ‘Stand Your Ground Law’ Category

McMorris Rodgers, House GOP leader, embraces controversial, conservative group

House Speaker John Boehner and Rep. Cathy McMorris Rodgers, R-Wash. McMorris Rodgers, from Eastern Washington, chairs the House Republican Conference.

Top technology companies including Google, Microsoft and Yahoo have recently quit the American Legislative Exchange Council (ALEC), a conservative group that drafted Floridas Stand Your Ground law and which is working to counter the federal governments bid to limit greenhouse gas emissions.

But a top House Republican, U.S. Rep. Cathy McMorris Rodgers, R-Wash., has embraced ALEC. McMorris Rodgers spoke Thursday to its Jefferson Reception, part of a conference of lobbyists and legislators that has featured seminars on such topics as Big Green Radicals.

The congresswoman has been active with ALEC since her time in the state legislature, McMorris Rodgers office said in her weekly schedule.

Microsoft bailed out of the council in August, saying it was incongruous to be supporting an organization which is fighting policies that promote renewable energy.

Googles CEO Eric Schmidt, in a National Public Radio interview, said that ALEC is just literally lying by promoting skepticism about climate change, adding: And so we wont be aligned with such people.

Amazon.com quit ALEC in 2012, citing public concerns over the groups drafting of gun, immigration and voter ID laws. The Stand Your Ground law was a component in the defense of George Zimmerman after the neighborhood vigilante killed unarmed Florida teenager Travon Martin.

House Speaker John Boehner and Washington Rep. Cathy McMorris Rodgers blast President Obama at news conference. McMorris Rodgers is a rising figure in GOP leadership.

McMorris Rodgers, who chairs the House Republican Conference, took a different perspective and praised the council in an email to seattlepi.com.

ALEC embraces that collaborative spirit and enables lawmakers from all 50 states to come together to exchange ideas in an effort to make life better for communities of Washington state and all across the country, said the Eastern Washington congresswoman.

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McMorris Rodgers, House GOP leader, embraces controversial, conservative group

Let It Rip Weekend: What's next in Ferguson & should stores open on Thanksgiving

Let It Rip Weekend: Stand Your Ground & Animal Research Let It Rip Weekend: Stand Your Ground & Animal Research Let It Rip Weekend: Stand Your Ground & Animal Research

Updated: Sunday, November 17 2013 10:55 AM EST2013-11-17 15:55:57 GMT

Now that Ted Wafer, the Dearborn Heights homeowner who shot Renisha Mcbride, has been charged with murder, will he use Michigan's Stand Your Ground law for his defense?

Now that Ted Wafer, the Dearborn Heights homeowner who shot Renisha Mcbride, has been charged with murder, will he use Michigan's Stand Your Ground law for his defense?

Updated: Sunday, October 6 2013 10:33 AM EDT2013-10-06 14:33:40 GMT

Detroit's City Council President takes on one of the consultants making millions to wipe away the city's debt. Plus, what about that deal to lease Belle Isle? And as Obamacare makes its debut, how'sit playing out in Detroit?

Detroit's City Council President takes on one of the bankruptcy consultants making millions to wipe away the city's debt. Plus, what about that deal to lease Belle Isle to the state? And as Obamacare makes its debut, how's the controversial healthcare law playing out in Detroit?

Updated: Monday, August 5 2013 8:20 AM EDT2013-08-05 12:20:25 GMT

We take on the race for Detroit Mayor and the controversial comments by Detroit's EM calling Detroiters "dumb, lazy,happy and rich."

A new poll shows Mike Duggan leading in the race for Detroit Mayor. Could those dirty tricks against him actually be paying off in his favor? Duggan supporter and community activist Malik Shabazz thinks

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Let It Rip Weekend: What's next in Ferguson & should stores open on Thanksgiving

Stand Your Ground Laws – FindLaw

The shooting death of Trayvon Martin brought a lot of attention to so-called stand your ground self-defense laws. That tragic situation caused many people to question the wisdom of stand your ground laws, and still others to demand their repeal. But what are stand your ground laws? How do they work, and what purpose do they serve? This article will answer those questions and more.

Duty to Retreat

It is impossible to discuss stand your ground laws without first explaining the concept of the duty to retreat. In its most extreme form, the duty to retreat states that a person who is under an imminent threat of personal harm must retreat from the threat as much as possible before responding with force in self-defense. These days, states that retain the duty generally incorporate a variety of the duty with somewhat less stringent requirements.

Stand Your Ground

Stand your ground laws are essentially a revocation of the duty to retreat. Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat from the danger. The purpose behind these laws is to remove any confusion about when individuals can defend themselves and to eliminate prosecutions of people who legitimately used self-defense even though they had not attempted to retreat from the threat.

In many states withstand your groundlaws, a claim of self-defense under a stand your ground law offers immunity from prosecution rather than an affirmative defense. This means that, rather than presenting a self-defense argument at an assault trial, for example, an individual could claim self-defense under the states stand your ground law and avoid trial altogether.

States with Stand Your Ground laws differ on whether the law applies to instances involving lethal force, with some states retaining the duty to retreat when lethal force is involved and others removing the duty to retreat under all circumstances.

Controversy over Stand Your Ground

Stand your ground laws are often criticized as encouraging violence. Critics claim that the laws lead to a shoot first, ask questions later attitude that results in more injuries and deaths than would occur without the law. Proponents of stand your ground counter that the laws allow people to protect themselves without worrying about whether they have retreated sufficiently before using force.

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Stand Your Ground Laws - FindLaw

Gun law overhaul could go to governor

In the few weeks remaining in the legislative session, lawmakers may send Gov. John Kasich a bill eliminating the legal duty of Ohioans to retreat from danger before using deadly force to protect themselves.

A person facing a life-threatening situation should not have a duty to flee and hope for the best, Rep. Terry Johnson (R., McDermott) told the Senate Civil Justice Committee weighing his bill containing numerous changes to Ohio gun laws.

They should have the right to protect themselves and protect their loved ones.

House Bill 203 passed the House nearly a year ago by a bipartisan vote of 63-27. It has drawn comparisons with Floridas controversial Stand Your Ground law.

Floridas law was tried in the court of public opinion but not in the actual courtroom when George Zimmerman was accused but acquitted in the 2012 shooting of unarmed teen Trayvon Martin.

But Dr. Johnson noted that Ohioans in such situations would still have to show they acted in self-defense and did nothing to escalate the danger. Under Floridas law, the prosecutor bears the burden of proving the shooter did not act in self-defense.

Ohio is one of the toughest states in the union to prove self-defense, Dr. Johnson said. In other states you dont have nearly that barrier to get across.

The provision is essentially an extension of Ohios Castle Doctrine law, which states that residents do not have a duty to retreat when they believe they are endangered in their homes or cars. House Bill 203 extends that to anywhere a legal gun owner has a right to be.

It is a continual effort to try to take away regulations on carrying weapons, said Toby Hoover, executive director of the Ohio Coalition Against Gun Violence. With Stand Your Ground, were already covered in this state with self-defense.

This is just telling people to go and act as law enforcement if they feel threatened, but how can we judge how you or I would feel threatened? she asked. We dont have people locked up in jail because they defended themselves.

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Gun law overhaul could go to governor

Texas' Stand Your Ground Law explained

DENISON, TX - A recent Gainesville home invasion has raised questions about the use of deadly force. News's 12 looked into the specifics of the "Stand Your Ground" law.

The right of the people to keep bear arms is a Second Amendment constitutional right.

But the right to defend one's self, property or home varies between states. They are known as "Stand Your Ground" laws and "Castle Doctrine."

"Every man has a right to protect his property and his family," said Jessie Jordan, a Texas resident.

Both Texas and Oklahoma have adopted a "Stand Your Ground" law which allows you in specific instances to use force, even deadly force if warranted, to protect yourself.

"Deadly force is only authorized to be used against a person in defense of one's self or another person," said Lieutenant Mike Eppler with the Denison Police Department.

The Texas Penal Code Title 2 and Oklahoma Title 21 clearly state that the use of force is only to be used if there is an imminent threat of harm or death, and when someone is unlawfully or forcefully entering your home, vehicle or place of business.

But it's important to remember every situation is different.

"The facts on a case by case basis and then those facts will be weighed later if deadly force is used against someone to see if it was justified or not," said Eppler.

Although state laws allow you to protect yourself, law enforcement recommend you avoid confrontation if at all possible.

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Texas' Stand Your Ground Law explained