Stand Your Ground Law Arkansas Meaning

A 2018 review of existing research by the RAND Corporation concluded that “there is moderate evidence that stand-your-ground laws can increase homicide rates, and limited evidence that laws specifically increase gun homicides.” [3] In 2019, the RAND authors stated that additional evidence appears to support their conclusions. [4] Stand your ground laws are simply a license to kill, “which allows those who shoot others to gain immunity even after they have started the confrontation and even if they can safely de-escalate the situation by walking away. Stand Your Ground laws are inherently dangerous because they change the nature of gun violence in a state by encouraging escalating violence and, according to research, doing nothing to deter global crime,” according to Mom`s Demand Action for Gun Sense in America. Similar laws in other states correlate with rising homicide rates and have been used to justify the murder of innocent black victims by white killers. Defenders of the white men who chased and shot black jogger Ahmaud Arbery in Georgia used Basic Law Stand-Your to justify the murder. In Canada, there is no legal obligation to withdraw. Canada`s self-defence laws are similar to those of England in that they focus on what was done and whether it was considered appropriate in the circumstances. In general, when withdrawal is possible in the circumstances, the decision to assert oneself is rather unreasonable. The sections of the Canadian Criminal Code dealing with self-defence or defence of property are sections 34 and 35,[52] respectively. These sections were updated in 2012 to clarify the code and help lawyers apply the law in accordance with values that Canadians find acceptable. At least ten of these states contain language that says one can “assert one`s point of view”. (Alabama, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania and South Carolina.) Republican lawmakers in Arkansas attempted to pass a stand-your-ground bill in 2019, but the bill (HB 1059) faced opposition from the Arkansas Sheriffs Association and the Arkansas Prosecutors Association.

Scott Bradley, executive director of the Arkansas Sheriffs Association, was quoted in the Arkansas Democrat-Gazette as saying, “HB1059 would encourage individuals to take matters into their own hands rather than avoid confrontation, resulting in injury or potentially death to many of our citizens. During committee debate on the bill, Senator Stephanie Flowers of Pine Bluff (Jefferson County) stated: A Black woman began speaking passionately about the impact of gun violence on the Black community, using several profanities, and when Senator Alan Clark of Lonsdale (Garland County) told her she had to “stop,” she said, “No, I don`t. What are you going to do to shoot me? The video of Flowers` remarks went viral, was viewed millions of times online and received responses from, among others, Sen. Kamala Harris of California, who was elected vice president of the United States in 2020. Well, that`s not always true, depending on the circumstances of the case and the state`s interpretation of the law. Many states differ on whether stand-your-ground laws apply when it comes to lethal force. Some states require the obligation to retreat before lethal force is used, while others abolish the obligation to retreat altogether. In many states that abide by their basic laws, a claim of self-defence provides immunity from prosecution rather than being an affirmative defence. So instead of claiming self-defense during a process of aggression, a person in states like Florida could invoke self-defense under the state constitution and avoid trial altogether. Our attorneys are experts in Arkansas` self-defense law and they are here to help.

If you would like to discuss the details of your case with a self-defender, contact Digby Law Firm. Section 5-2-607 of the Arkansas Code describes what constitutes the lawful use of lethal force to defend oneself or others in the state of Arkansas and what is not. George Zimmerman was acquitted after using Florida law as a defense against a second-degree murder charge in his fatal murder of Trayvon Martin, an unarmed black teenager, in 2012. On March 3, 2021, Governor Asa Hutchinson signed Bill 250, a so-called “stand-your-ground” law. This law eliminated the “duty to withdraw” from the use of physical force, even lethal force, in an act of alleged self-defense. Such laws, often referred to by critics as “shoot first” laws, have been highly controversial and have been linked in some studies to rising homicide rates in states that have passed them. “My understanding is that prosecutors don`t like this change,” Pilkington said. But he doesn`t think it will matter. “Members of my party have said that if this amendment passes, their opposition will go from no to yes.” Overturn your basic laws, which upset centuries-old legal traditions and allow a person to use lethal force in public self-defense, even if that violence can be safely avoided by withdrawing or when non-lethal force would suffice. Stand-your-ground laws are essentially the reversal of the obligation to retreat. Your basic laws vary from state to state, but they generally state that there are circumstances in which it is acceptable to use force to defend oneself without first attempting to retreat.

The purpose behind stand-your-ground laws is to eliminate confusion about when it is permissible to defend oneself. They are also intended to eliminate prosecution of persons who have lawfully practised self-defence even if they have not tried to escape danger. No objection (2) Subsection 1 does not apply if a person who has reasonable grounds to believe that he or she is in peaceful possession of the property or is reasonably accepted is not entitled to it and the other person is entitled to possession of the property by operation of law. Even retreating states generally follow the “castle doctrine,” according to which people have no obligation to retreat if attacked in their homes or (in some states) in their vehicles or workplaces. The castle doctrine and stand-your-ground laws provide legal defense to those accused of various violent crimes against individuals, such as murder, manslaughter, aggravated assault and illegal unloading or arming of weapons, as well as attempts to commit such crimes. [2] In the 1980s, a handful of state laws (dubbed “Make My Day” laws) dealt with immunity from prosecution when using lethal force against another person who illegally and forcibly invades a person`s residence.