Archive for the ‘Stand Your Ground Law’ Category

Court: Prison Guard Can Use Stand Your Ground

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TALLAHASSEE (CBSMiami/NSF) An appeals court Friday ruled that a correctional officer can use the states controversial stand your ground law in a case stemming from an altercation with an inmate.

Correctional officer Brad Heilman was charged with aggravated battery after an inmate was injured in an incident at Lake Correctional Institution.

A three-judge panel of the 5th District Court of Appeal sided with Heilman Friday.

A circuit judge found that Heilman could not use the stand your ground law in defense because of another state law that deals with circumstances when correctional officers can use force. But Fridays seven-page opinion, written by appeals-court Judge Thomas Sawaya and joined by judges William Palmer and Wendy Berger, concluded that the Legislature intended for the stand your ground law to apply to correctional officers and sent the case back to circuit court.

The stand your ground law says people can use deadly force and do not have a duty to retreat if they think it is necessary to prevent death or great bodily harm. The law offers criminal and civil immunity in such cases.

The News Service of Florida contributed to this report.

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Court: Prison Guard Can Use Stand Your Ground

Parents of Jordan Davis and Trayvon Martin testify against Stand Your Ground law in Washington, D.C.

The parents of Jordan Davis and Trayvon Martin called for the repeal of Stand Your Ground during a hearing Tuesday in Washington before a human rights commission.

Davis and Martin were both teenagers killed in Florida. Their parents blamed the law for creating a culture of lawlessness even though Stand Your Ground wasnt specifically cited in the trials of the men who shot their children.

Sybrina Fulton, mother of Martin, said the law has created fear that black teenagers will be shot when theyre doing nothing wrong.

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Our teenagers have no clue what to do, Fulton said. Theyre afraid of being perceived as criminals when theyre not.

Her son was simply walking home from a convenience store, and he was shot, Fulton said.

An unarmed Martin, 17, was shot to death in Sanford by George Zimmerman after the Neighborhood Watch member became suspicious and started following him. Zimmerman was acquitted on the basis of self-defense.

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Parents of Jordan Davis and Trayvon Martin testify against Stand Your Ground law in Washington, D.C.

Standing Our Ground: Media needs access

As weve seen especially since the infamous George Zimmerman court ruling court cases concerning the Stand Your Ground law tend to draw a considerable amount of media attention. One Florida lawmaker is determined to change that.

According to the Huffington Post, earlier this month, state Rep. Matt Gaetz, R-Fort Walton Beach, filed an amendment that would, as Tampa Bay Times writer Michael van Sickler wrote, severely limit access to court records in the self-defense cases. Those found innocent in self-defense cases in which Stand Your Ground was employed would be able to apply for a certificate of eligibility to expunge the associated criminal history record.

While Gaetz purports the amendment to be a measure that would protect those found innocent from being placed under media scrutiny, the implication that reporters would lose access to public records has ignited anger among journalists.

Many believe the amendment has been brought to the table as a result of an extensive Tampa Bay Times review in 2012 of 200 self-defense cases that involved Stand Your Ground. The investigation found that the law was being interpreted in different ways and applied inconsistently. In an ideal world, the report would spark policy change regarding how the law can be used in self-defense cases not as the inspiration for an amendment that would limit access from court and arrest records.

Gaetz told The Associated Press the amendment was unrelated to the Times investigation.

While its true the mainstream American media has the ability to and occasionally do unfairly scrutinize citizens in controversial court cases, prohibiting journalists from acquiring public records is not something a democratic government should consider. The medias watchdog function would be severely infringed upon; and not to speculate, but the passage of an amendment limiting journalists rights in this particular case could lead to legislation that limits their rights in other cases.

Stand Your Ground, weve seen, has been an open can of worms from the start. Newspapers have rightfully called attention to the laws unintended consequences as a go-to tactic in self-defense cases.

And its no surprise that Gaetz is championing the amendment. Hes a well-known proponent of the Stand Your Ground law. Last year, he told the Tampa Bay Times, after being appointed chair of a hearing on the laws unintended consequences, I dont support changing one damn comma.

Changes, however, are crucial.

The Orlando Sentinel editorial board wrote last year that the law has let scores of people escape punishment who started fights and then shot their unarmed opponents, because the shooters said they felt their lives were in danger.

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Standing Our Ground: Media needs access

Sheriff Scott Israel — Broward County, FL – Video


Sheriff Scott Israel -- Broward County, FL
Sheriff who wants to get rid of the stand your ground law.

By: NewsmaxTV

Continued here:

Sheriff Scott Israel -- Broward County, FL - Video

Parents of Jordan Davis and Trayvon Martin testify against Stand Your Ground law

The parents of Jordan Davis and Trayvon Martin called for the repeal of Stand Your Ground during a hearing Tuesday in Washington before a human rights commission.

Davis and Martin were both teenagers killed in Florida. Their parents blamed the law for creating a culture of lawlessness even though Stand Your Ground wasnt specifically cited in the trials of the men who shot their children.

Sybrina Fulton, mother of Martin, said the law has created fear that black teenagers will be shot when theyre doing nothing wrong.

Our teenagers have no clue what to do, Fulton said. Theyre afraid of being perceived as criminals when theyre not.

Her son was simply walking home from a convenience store, and he was shot, Fulton said.

An unarmed Martin, 17, was shot to death in Sanford by George Zimmerman after the Neighborhood Watch member became suspicious and started following him. Zimmerman was acquitted on the basis of self-defense.

Ron Davis, father of 17-year-old Jordan Davis, said Stand Your Ground had led people like his sons shooter, Michael Dunn, to believe they were justified in shooting anyone.

Michael Dunn never called 911, Ron Davis said. And when he was arrested, he didnt think it was right. He claimed he was standing his ground.

Dunn testified Davis had a gun and threatened to kill him at a Jacksonville gas station, so he fired in self-defense. The other teenagers in the vehicle with Davis and witnesses at the gas station said Davis never had a gun, and Dunn became enraged when Davis cursed him after he asked the teenagers to turn down their music.

Dunn returned to his hotel that night and then went back to his home in Brevard County the next day, where he was arrested.

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Parents of Jordan Davis and Trayvon Martin testify against Stand Your Ground law