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Trayvon Martin case reveals confusion over how Stand Your Ground works
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Stand Your Ground laws were sold in US legislatures primarily as a victims’ rights measure, to limit what many saw as prosecutors second-guessing situations where someone had a split second to make a life-or-death decision to defend themselves with force. But in the wake of the Trayvon Martin tragedy in Sanford, Fla., as well as the racially charged rampage last week in Tulsa, Okla., some critics are now wondering whether the gutting of prosecutorial discretion in many self-defense cases has created a legal no man’s land. |
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Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. — Noah Webster in "An Examination into the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at p. 56 (New York, 1888). |
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