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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

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

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

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

They say a photo is worth a thousand words. So consider what message an advertisement for a line of bulletproof vests for young kidsis sending.

The controversial billboard advertising that popped up in Tallahassee, FL, is part of the Vest or Vote campaign created by The Dream Defenders.

The social justice organization is trying hard to get out to vote in Floridas midterm election, even if they have to shock them to do so. According to a report on Jacksonvilles CBS 47 Action News, the Dream Defenders want to elect candidates who will repeal the states controversial stand your ground law.

The BRPR Group, the Miami-based advertising agency behind the campaign, said the billboard was inspired by youth clothing ads such as those for H&M or Gap.

The featured website even initially seems to be an online retailer selling the child-sized, bulletproof Dream Vest. But after waiting or by clicking on the page, visitors to the website are redirected to a brief public service announcement. The video features a woman bundling up her son in the bulletproof vest the same way many mothers adjust their childrens coats and hats. The PSA ends with the audio from several news reports covering the deaths of Oscar Grant III in Oakland, Calif.; Michael Brown in the continuing case of Ferguson, Mo.; and Floridas own Trayvon Martin, reports AdWeek.

Ads for the vest appear on Twitter and Facebook as well.

In November, Floridas voters will be faced with the question first posed by Malcolm X, the ballot or the bullet, Ciara Taylor, political director for Dream Defenders, said in a statement. That dichotomy is what this election is ultimately about.

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In An Effort To Repeal Stand Your Ground Laws, Social Justice Group Creates Ad For Bulletproof Vests For Kids