Self-Defense Law

Post Self-Defense Law A WSJ clause by Joe Palazzolo and Rob Barry Robert Hallam 4/1/2012 LAW-13 Paper 2 self-defence laws, also known as remain firm your ground laws, have been a significant aspect of many a(prenominal) court circumstances. However, like most opposite laws, these laws can be used unconventionally and cause excess leaning around a flake. Joe Palazzolo and Rob Barrys article titled more(prenominal) Killings Called Self-Defense from the March 31st edition of Wall Street diary brings attention to these self-defence laws.The causal agent discussed in the article is an example of self- defensive measure laws causing controversy, as many protestors believe these laws were used improperly. This is also a common issue as the number of justifiable homicides seems to be on the rise. Are these stand your ground laws truly existence abused? This is the main issue causing the debate surrounding cases around the country. The article describes a case of homicide in which 17-year-old Trayvon Martin was shot and killed by sup re evince neighborhood watchman, George Zimmerman. This case has become very controversial for several reasons.Much debate has been sparked as to whether this homicide was genuinely an intentional hate crime, as Martin was a black teen get alongr, who supposedly posed no real threat to the sea wolf. Despite lack of proof against Martin, Zimmerman salve claims that his act was out of self-defense and he has non been supercharged or arrested. Zimmerman claims he was walking to his car and Martin approached him and punched him in the typeface, breaking his nose. Recent evidence shows that there was virtually no damage inflicted on Zimmermans face or nose.Zimmerman also claims that Martin had bashed his head into the ground, leaving him with serious head injuries. recent video evidence goes against his claim, revealing no head injuries (Zerlina, 2012). His lawyer has nonwithstanding to make any further comments. Altho ugh it cannot be assumed that race was a main factor in this case, it is alleviate the cause of much debate. Since Martin supposedly posed no real threat to the killer, protestors believe that this is not considered justifiable homicide and the self-defense law is being used improperly.The article provides statistics regarding justifiable homicide and self-defense laws, as well as the birth between the two. According to the study provided in the article, the information on the relationship between the two has not been sufficiently studied, thus many doubtfulnesss surrounding the issue are still left unanswered. For instance, according to criminal scientists, the information on justifiable homicide and their relationship to stand your ground laws has not been rigorously studied So the question remains unanswered if a rise in justifiable homicides reflects killings that other than wouldnt have happened. Other questions are left unreciprocated as well. What is the typical relatio nship between the killers and the victims in these sorts of cases? These types of questions remain debatable, according to the statistics and data provided. Many other statistics are mentioned in the article, such as data regarding methods of murder (weapons guns being the most popular in cases of justifiable homicide), age of victims, and as mentioned previously, race. It appears that many self-defense laws are far in any case unprotected to abuse (Richard A Mann, Barry S Roberts , 2010).The newer concept commonly seen in stand your ground laws follow the obscene Florida variation that not only eliminates the vocation to retreat, but also presumes that a person who uses deadly tear in his home or vehicle had a reasonable fear of persecute, and it immunizes the killer from civil lawsuits (palazzolo, 2012) as opposed to the common standard Castle ism system in which somebody home owners were perfectly justified in using deadly force against home intruders.The opposition to th ese new laws asserts that a legal statute was even included in said principle that you can shoot to kill if your life is in peril, period. However that does not give you the right to pursue possibly innocent non-immediate threats and that those situations are trounce handled by notifying authorities. According to the legal definition of self-defense, the harm of another person is only justifiable if a person reasonably believes that such force is necessary to prevent death or great bodily harm (lectric law ).So, according to this definition, homicide is only justified if there is a present danger and an attack is being made to avoid such danger. The defense must be done to prevent a crime which would make out to a felony if committed (lectric law ). These laws are intended to allow an individual to prevent real harm on his or her self. In short, was the case concerning the murder of Martin truly a case of self-defense, or should Zimmerman be charged with homicide? Here is where the debate comes into play.In this case, it appears that there is no evidence collected against Martin, and so the homicide should not yet be considered justifiable. This is an example of the self-defense laws being too susceptible to abuse. If an act of homicide is going to be deemed justified, there should always be a sufficient amount of evidence. The possibility of Zimmermans case being a hate crime still exists, but there is not enough evidence to hold out this either. Although self-defense laws are helpful to many cases, these powers can clearly be abused.Since proper evidence has not been provided, it is improper to make official conclusions, but it seems that Zimmermans case may be an example of the self-defense laws being too susceptible to exploitation. Zimmermans case does not seem to follow the legal definition of self-defense, yet he was not charged or arrested. Protestors are fighting for Zimmermans arrest, as not enough evidence has been found against Martin, the vic tim of gunfire who supposedly presented a threat to the attacker. These protestors are rallying nationwide in support of Zimmermans conviction.Works Cited (n. d. ). Retrieved april 2, 2012, from lectric law http//www. lectlaw. com/def/d030. htm palazzolo, j. (2012). more killings called self defense. wall street journal , 1-2. Richard A Mann, Barry S Roberts . (2010). Essentials of business law and the legal environment . mason Sout-Western Cengage Learning. Zerlina. (2012, march 29). feninisting. com. Retrieved march 25, 2012, from http//feministing. com/2012/03/29/george-zimmermans-self-defense-story-of-trayvon-martin-shooting-falls-apart/