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The Stand Your Ground Laws Explained
Paperback
General LawRevolutionary Period (1775-1800)Social Movements
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Publisher: Independently Published
Pages: 302
Weight: 0.89
Height: 0.63 Width: 6.00 Depth: 9.00
Language: English
WHAT STAND YOUR GROUND LAWS ACTUALLY SAY, AND WHY ALMOST EVERYONE GETS THEM WRONG
In April 2023, in six days, a sixteen-year-old was shot through a storm door in Missouri, a twenty-year-old died in a driveway in New York, two cheerleaders were shot in a Texas parking lot, and a six-year-old was hit in the face in North Carolina after a basketball rolled into a neighbour's yard. Every one of those shooters believed the law protected him. Not one of them was right.
Stand your ground laws are the most misunderstood provisions in American self defense law. They do not authorise shooting a trespasser. They do not permit deadly force to protect property. They do not extend the castle doctrine to your yard in every state, and in Massachusetts the castle doctrine stops at your exterior wall. What these laws remove is a single procedural condition, the duty to retreat, and every other requirement of self defense law survives intact: imminence, reasonable belief, proportionality, and the initial aggressor rule.
This book explains the whole structure, state by state and case by case. It follows the castle doctrine from Coke's report of 1604 through the American break of the 1870s to Oliver Wendell Holmes and his ruling that detached reflection cannot be demanded in the presence of an uplifted knife. It reconstructs the Pensacola shooting that produced Florida's 2005 statute, the lobbying campaign that carried it into thirty states, and the immunity provisions that travelled with it under a name that describes none of them.
It then does what almost no book on this subject does. It sets out the science: what acute stress does to the prefrontal cortex, why freezing is preparation rather than paralysis, how long a trained officer actually needs to draw and fire, and why twelve percent of them cannot do it in time. And it devotes an entire chapter to the case against these laws, the Cheng and Hoekstra findings, the JAMA studies, the RAND assessment and the Urban Institute data on racial disparity, before answering them point by point.
For gun owners, concealed carry permit holders, students of American law and anyone who has watched a stand your ground case in the news and wanted to know what the statute really said, this is the guide to the law of self defense, the castle doctrine, the duty to retreat and the use of force in the United States.
Inside you will find the Trayvon Martin case and the pretrial immunity hearing George Zimmerman never requested, the Pensacola trailer that produced the first stand your ground law in America, the exchange student shot in a Louisiana carport, the elderly man who killed two unarmed attackers and walked free, and the woman sentenced to twenty years for firing a warning shot that hit nobody. Sixteen chapters, every claim sourced, no slogans in either direction.
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