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Date: April 30, 2024 Tue
Time: 1:33 am
Time: 1:33 am
Results for self defense
4 results foundAuthor: American Bar Association Title: National Task Force on Stand Your Ground Laws: Report and Recommendations Summary: In examining and reporting on the potential effects Stand Your Ground laws may have on public safety, individual liberties, and the criminal justice system, the Task Force has: 1. Examined the provisions of Stand Your Ground statutes and analyzed the potential for their misapplication and the risk of injustice from multiple perspectives, e.g., the individual's right to exercise self-defense, the victim's rights, and the rights of the criminally accused. 2. Analyzed the degree to which racial or ethnic bias impacts Stand Your Ground laws. Particular attention was paid to the role of implicit bias. First, the analysis focuses on how implicit bias may impact the perception of a deadly threat as well as the ultimate use of deadly force. Second, it looks at how implicit bias impacts the investigation, prosecution, immunity, and final determination of which homicides are justified. 3. Examined the effect that the surge of new Stand Your Ground laws has on crime control objectives and public safety. 4. Reviewed law enforcement policy, administrative guidelines, statutes, and judicial rulings regarding the investigation and prosecution of Stand Your Ground cases. 5. Conducted a series of regional public hearings to learn about community awareness, perceptions of equality in enforcement and application, opinions concerning the utility of the laws, and reactions to individualized experiences involving interactions with Stand Your Ground laws. 6. Prepared a final report and recommendations. Details: Chicago: ABA, 2015. 66p. Source: Internet Resource: Accessed January 25, 2016 at: http://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf Year: 2015 Country: United States URL: http://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf Shelf Number: 137651 Keywords: Gun PolicyGun ViolenceHomicidesPublic SafetyRacial DisparitiesSelf DefenseStand Your Ground Laws |
Author: Barnhizer, David Title: Gun Control Hysteria Summary: The call to ban guns does not make sense from an effective regulatory perspective. Nor do gun control proposals representing an irrational fear of weapons satisfy Constitutional analysis whether that analysis proceeds under either a strict interpretation or "evolving document" analysis. The irony is that the "living and evolving document" approach to Constitutional interpretation, under current real-world threats and conditions, actually requires affirmative protections of Second Amendment rights. A key determinant of how rights and duties should be adapted to the "new normal" of serious and escalating risks of decentralized and distributed violence pursuant to the "living" US Constitution is that it must now be adjusted to the higher and "threat levels" we are experiencing. This means that the fundamental right to bear arms for defense of self and family must be given greater weight and deference under either a strict interpretation or evolving document approach. In terms of effective regulation, every gun control measure proposed or enacted since the Clinton administration has either failed or must fail when tested against the real world. Regulatory flops such as the Clinton "assault weapons" ban target firearms only rarely used in crime. Proposals or actual programs for firearms registries tug at the heartstrings of those who believe in the ability of the state to properly manage and control social interactions, but in practice fail to solve crimes, do not deter criminal conduct, nor make law-abiding citizens safer in any meaningful respect. Over and over, proposed firearm-restrictive "solutions" are only words on paper, inevitable and expensive regulatory "flops" with no hope of working and typical expressions of cynical politicians' public relations strategies aimed at garnering votes from the uninformed. Anti-gun advocates - at least those acting in good faith and not from purely cynical political motives - are convinced that any views contrary to their own are products of "barbarism", ignorance or some form of malicious social "psychosis". Whether a gun owner possesses weapons for reasons of self-defense, from a desire to defend local and national community if needed, or simply because the individual enjoys target shooting, hunting or being part of a "gun culture" such motivations are entirely incompatible with the belief systems of anti-gun activists who exist in secure "cocoons". Moreover, and remarkably, such regulations fail to conform to good faith Constitutional analysis under either an "originalist" or a "living constitution" type of analysis. While the Court itself has resolved the question of individual rights to firearm ownership in Heller and MacDonald, an honestly-applied "living constitution" analysis also requires the state to recognize and promote individual rights to firearm ownership and defense of self and others. Specifically, "living constitutionalists" claim that the text of the Constitution adopts different meanings depending upon perceived needs, morals, or other socio-political-contextual factors. In analyzing the perceived needs, morals, or other socio-political-contextual factors that define modern culture, an inescapably dominant reality is that the "threat climate" of the US has escalated significantly. This includes increasing sectarian strife, inadequate "after the fact" law enforcement, and the burgeoning rise in terroristic threats. Repeated ominous warnings from governmental actors charged with defending us indicate the risks we face are significant and becoming worse. We are being inundated with warnings from our officials that terrorist organizations are guaranteed to launch attacks in the United States. Some of the attackers will be long-time residents or newly radicalized citizens who seem to spring out of nowhere - as in the San Bernardino murders. We will be living with "lone wolf" attacks for several decades and must be prepared to deal with them. Unlike Supreme Court justices and presidents, the vast majority of Americans do not have personal guards or the resources needed to live in a secure suburban environment or gated community. Those who live in America's cities and in scattered rural areas with little police presence legitimately feel a greater need to be able to defend self, family and property from human predators. In such a context no one should disagree that the first obligation of a political community - local and national - is to provide security against crime and military assaults. Recognition that local and national communities are at a steadily increasing risk of violent attacks - whether from criminals or terrorists - has led a number of law enforcement officials to urge those who are legally eligible to do so to carry weapons and be prepared to react to violent assaults, ironically an urging to prepare to be able to act as a sort of "militia". The fact that experienced law enforcement officials see the need for defense of self, others and community against terrorist threats or to counter emotionally disturbed people intent on killing helpless people in "soft target" situations indicates strongly that our culture has changed in a fundamental way. The "new normal" of American culture involves the increased risk of violent attacks from foreign and homegrown sources - virtually none of which is comprised of actors who are legal owners of guns. Details: Cleveland, OH: Cleveland-Marshall College of Law, Cleveland State University, 2016. 23p. Source: Internet Resource: Cleveland-Marshall Legal Studies Paper No. 295 : Accessed March 26, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2744879 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2744879 Shelf Number: 138425 Keywords: Gun ControlGun Control policyGun ViolenceGun-Related ViolenceRight to Bear ArmsSecond AmendmentSelf Defense |
Author: Cramer, Clayton E. Title: Texas' Stand Your Ground Law: An Historical Perspective Summary: In the aftermath of the Treyvon Martin shooting in Florida, Stand Your Ground laws have acquired an unsavory reputation. These laws and their close cousin, castle doctrine, have an interesting history, especially with respect to protecting victims of domestic violence. Texas' Stand Your Ground law differs substantially from that of Florida, with much greater restraints on use of deadly force. Details: Presenting at Texas Bar Association CLE, Austin, September 2016 , 2016. 25p. Source: Internet Resource: Accessed November 10, 2016 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2781099 Year: 2016 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2781099 Shelf Number: 146678 Keywords: Gun Policy Gun Violence Homicides Public SafetySelf Defense Stand Your Ground Law |
Author: Weisser, Michael Title: Why Does Everyone Hate John Lott? Summary: Abstract This paper explores the reaction to John Lott's research on gun violence from the appearance of initial, scholarly criticisms to more recent attacks by gun-control advocates. My paper argues that much of the criticism of Lott's work derives not from substantive differences in scholarly approaches to the problem, but is a failure of gun-control researchers and advocates to acknowledge and study the basic shift in gun-owning culture from hunting to self-defense; a shift that Lott both explains and exploits in his research and public pursuits. The book also relies on an original national survey which for the first time lets respondents explain why they now own and/or carry a self-defense gun. Details: S.L., 2018. 15p. Source: Internet Resource: Accessed January 18, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3189744 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3189744 Shelf Number: 154239 Keywords: Firearm Gun Control Gun Ownership Gun Violence Hunting John Lott Right to Carry Laws Self Defense |