Monday, May 7, 2012

STAND YOUR GROUND LAW IN FLORIDA UNDER ATTACK AFTER TRAYVON MARTIN CASE By Reverend Sharleece E. Bellagosi On April 27, 2012, the stand your ground law in Florida came under attack as a response to public outcry over the Trayvon Martin Case. The highly publicized case of a 17 year old African American teenage shot by George Zimmerman a middle-aged Hispanic male on February 26, 2012. The stand your ground law became a law in Florida after a James Workman in Pensacola, Florida shot an assailant who attacked him in his car in 2004. After months of litigation, the Florida court ruled in favor of James Workman due to self-defense. Senators Martin Hammer and Durell Peaden drafted the stand your ground law that is used in Florida today. Basically, the stand your ground law in Florida allows an individual to use whatever force necessary even deadly force to protect life, family, friends, and property. On February 26, 2012, George Zimmerman stated that he was correct in shooting Trayvon Martin, because he felt his life was in danger. Initially, the stand your ground law protected George Zimmerman from prosecution; however, the public claimed that Trayvon Martin deserved justice being an unarmed teenage who was shot. Therefore, the stand your ground law is being questioned and George Zimmerman is being prosecuted. The question remains should the stand your ground law in Florida be overturned or amended based on current events and public attitude? The state of Florida and Governor Rick Scott has formed a task force of 19 people to address issues of public safety and stand your ground law reform if required. The 19 member group will be known as the Citizens Safety and Protection Task Force of Florida. State Representative Dwight Bullard writes, " prior to convening this committee, you stated publicly that the group would not go in with any preconceived notions, but instead would take the task of reviewing not only Stand Your Ground but issues of public safety in general,” to Governor Rick Scott. The decisions made by the Citizens Safety and Protection Task Force of Florida can impact the United States as a whole; because, currently, more 20 states have a stand your ground type law in place. In fact, if you live in Alabama, Arizona, Colorado, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Montana, Nevada, New Hampshire, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, or Washington, you live in a Stand your ground state. Other states not mentioned are under a similar law known as the Castle Doctrine where deadly force is acceptable within the home only as a form of self-defense of life, family, friend, and/or property. Was Trayvon Martin’s shooting racial motivated and will that be a basis for stand your ground reform? The answer to this question is unclear; but, according to Awr Hawkins, “The NAACP is in support of Florida’s stand your ground law.” Why? Again, according to Awr Hawkins, “a black female Floridian who was charged with assault for shooting at a man whom she claims threatened her life. The woman, Marissa Danielle Alexander, was assaulted by her husband, who allegedly strangled her during the assault. While being attacked, Alexander was able to grab her handgun and fire a single shot, for which she faces charges. The NAACP maintains that under Florida’s stand your ground law, Alexander ought not be sentenced for assault.” Though Trayvon Martin’s death was tragic and unfortunate, should the rest of the country face the possibility of being unprotected legal should they find themselves in a life or death situation where self-defense even deadly force is the only way to survive? The nation will find out as the stand your ground law continues to be questioned by the public and by the Citizens Safety and Protection Task Force of Florida.

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