text:
Angela Montenegro
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Angela Montenegro
Bones character
First appearance
September 13, 2005
(1x01, "Pilot")
Last appearance
March 28, 2017
(12x12, "The End in the End")
Created by
Hart Hanson
Portrayed by
Michaela Conlin
Information
Nickname(s)
Ange, Angie
Aliases
Smacky Kennedy
Gender
Female
Occupation
Forensic Artist
Family
Billy Gibbons (father)
Spouse(s)
Grayson Barasa (m. 2003; div. 2008)
Jack Hodgins (m. 2010)
Significant other(s)
Roxie (ex-girlfriend)
Wendell Bray (ex-boyfriend)
Children
Michael Staccato Vincent Hodgins
(son, with Jack; born 2011)
Unnamed child (unborn, with Jack)
Relatives
Christine Angela Booth
(goddaughter)
Angela Pearly-Gates Montenegro-Hodgins[1] (born Pookie Noodlin Pearly-Gates Gibbons)[2] is a fictional character in the television series Bones (2005–2017), portrayed by Michaela Conlin. She is a classically trained artist involved in forensic reconstructions.
Contents
[hide]
1 Brief character history
2 Characterization
3 Romantic Relationships
3.1 Kirk Persinger
3.2 Jack Hodgins
3.3 Roxie Lyon
3.4 Wendell Bray
3.5 Grayson Barasa
4 References
Brief character history[edit]
Angela Montenegro is the daughter of a fictional representation of Billy Gibbons from ZZ Top (played by the musician himself).[3] Angela was born in Baltimore, Maryland on April 16, she is half-Chinese, and she once mentioned having taken French in school, in "The Body in the Bag", in season 6. Her middle name is meant to be an allusion to her father's guitar "Miss Pearly Gates".[3] According to Angela, in "Mother and Child in the Bay", in season 2, Angela's height is 5'8 and her weight is 135 pounds. In Season 10, Angela's real name is discovered to be Pookie Noodlin. Prior to the revelation, it was well-known that she was so embarrassed by her birth name that she never told anyone, even her husband and closest friends.
The character of Angela Montenegro is a specialist in forensic facial reconstruction at the fictional Jeffersonian Institution, who frequently works with Dr. Temperance Brennan, her best friend. Angela received her undergraduate degree at the University of Texas at Austin in Visual Arts, with a minor in Computer Science. She also studied Biomedical Illustration at American University.[4] She uses her skills as an artist to develop, maintain, and improve the lab’s three-dimensional graphics and computer simulation systems. She is credited with the innovation of the "Angelator", which is later recreated/replaced with a newer version, the "Angelatron". She is the only member of the Medico-Legal Lab staff who does not hold an advanced degree. In "The Brain in the Bot", in Season 12, Angela wins the MacArthur Fellowship, which is confirmed later to be nominated by Dr. Temperance Brennan, for her "groundbreaking" work with the "Angelatron".
Characterization[edit]
Throughout the series, Angela Montenegro is described as a "free spirit", "good-time girl" and is a "wild-child" at heart. She is shown to be more socially "normal" than her coworkers at the Jeffersonian, and seems to not consider herself a scientist like the other "squints", instead on multiple occasions referencing facial reconstruction as an "art". In one episode, the character Jack Hodgins was quoted as saying Angela "was the heart of the operation."[5] Angela's more typical social skills are often used by the writers as a balancing point; she demonstrates a need to interact with other people in a way her more awkward colleagues do not.[6] Plotlines have alluded that Angela has extensive romantic experience, once telling Zack Addy to "reap the benefits of my sexual wisdom."[7] She also told Dr. Brennan, "I don't know how to talk to crazy people unless I'm dating them."[8]
Angela contemplates leaving the Jeffersonian at one point, under the assumption that her work does not contribute to cases in a meaningful way. She was also unsure of her ability to handle the graphic violence she was exposed to regularly at the lab. However, Dr. Goodman, the director of the Jeffersonian, spoke of the vital importance of her work in adding an element of humanity to the victims, returning their identity. This line of reasoning persuades her to remain at the lab.[8]
Romantic Relationships[edit]
Kirk Persinger[edit]
Season 1 Episode 17, "The Skull in the Desert", reveals that, for "three weeks out of the year, Angela has a boyfriend and a vacation." Angela's first revealed steady boyfriend, Kirk, is a "pseudo-famous photographer" who lives in the desert of New Mexico. Their five-year relationship ends abruptly when Kirk goes off into the desert with his Indian guide and never returns. Angela is prompted to call Temperance for help when a skull is left on the porch of the local sheriff. Dr. Brennan is able to identify that the skull does belong to Kirk and the premise of the episode is discovering what happened to him out in the desert. According to Angela, he was the guy to whom she compared all other guys.[9]
Jack Hodgins[edit]
Angela and Hodgins met when Angela was brought on to work at the Jeffersonian by Brennan. While initially on good terms, they grew closer throughout season one. At the beginning of season two, Hodgins became obviously interested in her, and pursued her more openly. After a few episodes of palpable sexual tension, Hodgins finally asked Angela on a date in the episode "The Girl with the Curl". While their date was quite successful, Angela broke it off fearing repercussions if things went badly. Later, after Hodgins was rescued from being buried alive, they kissed, and at the end of the episode they went home together. Angela later asked Hodgins if she could sleep at his place one night after being spooked by restored video footage, and soon they were openly involved. After refusing Hodgins' marriage proposal twice, she proposed to him.[10] Their wedding was cut short in the season two finale when it was revealed that Angela was technically married to a man from Fiji, Grayson Barasa.[11] Their relationship ended after a lengthy search for her husband, and issues regarding Jack's trust of Angela.[12]
Throughout seasons four and five, the two struggled with their relationship, eventually appearing to form a close, albeit awkward, friendship. After Hodgins declared he would support her during a pregnancy scare while she was dating Wendell Bray, their romantic tension was rekindled. While collecting evidence together for a murder investigation in Maryland, they were pulled over for a moving violation and subsequently jailed for a variety of minor infractions by a local sheriff. Their time spent together led them to re-examine their relationship, and why they broke up. When a judge arrived to post their bail, they were finally married in a civil ceremony with the sheriff as witness.[13] They announced their marriage to their colleagues soon after.[4] At the end of season five, they were planning to spend a year in Paris while Brennan and Booth were away, as neither of them wanted "to break in a new forensic anthropologist and FBI liaison."
Upon their return from Paris, Angela discovers that they are expecting their first child. Angela tries to keep her pregnancy a secret from the Jeffersonian team. This is because Angela wants to wait until after the first trimester and Hodgins wants to reveal the pregnancy when the time is right. It is later revealed that if Angela and Hodgins had a daughter, they would name her Temperance, after Dr. Brennan; but strictly as a middle name, because the name Temperance is "awful". Angela's father wanted to name their child "Staccato Mamba" (this came to him in a song). However, the three of them finally agree on the names Katherine Temperance for a girl and Michael Vincent for a boy. In the episode "The Blackout in the Blizzard" Angela and Hodgins find out they are both carriers of Leber's congenital amaurosis, giving their baby a 25 percent chance of blindness. This was a huge devastation for the couple, but in the end they reminded each other that they can handle anything together. Their son was born healthy and without a vision impairment. He was named Michael, as planned, Staccato, as Angela's father wanted, and Vincent, after the late Vincent Nigel-Murray, the full name thus becoming Michael Staccato Vincent Hodgins, but is more commonly known as Michael Vincent.
Roxie Lyon[edit]
After breaking off her engagement with Hodgins, Angela resumes a relationship first forged in college with Roxie, a woman who currently works as a sculptor and who was, at the time of their reconnection, the suspect in a case. Roxie broke it off with Angela over irreconcilable differences in world view; Angela "lives in the moment" and Roxie wants a partner who plans for the future.[14][15]
Wendell Bray[edit]
After Brennan's intern, Wendell Bray, gives Angela $45 to help save a baby pig, the two kiss and begin a relationship.[16] Their relationship continued throughout part of Season 5. After they had been dating for a few months, Angela took a pregnancy test which came up positive. This test is later revealed, by a second test that Dr. Saroyan had run, to be a false positive. When Wendell found out, he told her that he would have supported her in her choices because it was his duty. This caused Angela to realize that while Wendell is a good guy, he was not "[her] guy" and subsequently ended their relationship. The break-up was mutual and amicable.[17]
Grayson Barasa[edit]
It is revealed that, at one point, she married in a kava-influenced ceremony in Fiji. She was unsure whether the marriage was legal and had no knowledge of where her husband was after the ritual; in fact, the United States government considered the marriage valid, and prevented her marriage to Hodgins.[11] When a private investigator tracked down Barasa, he attempted to convince Angela to stay with him, informing her that he had built them a house. Although she had no interest in pursuing anything with him, Barasa's presence eventually precipitated the end of Angela's engagement to Hodgins, because Angela felt that Hodgins did not trust her.[12]
References[edit]
Jump up ^ "Stargazer In A Puddle". Bones. Fox. 2007-05-16. No. 21, season 2
Jump up ^ "The Life in the Light". Bones. Fox. 2015-06-04. No. 21, season 10
^ Jump up to: a b "The Man in the Fallout Shelter". Bones. Season 1. Episode 9. 2005-12-13.
^ Jump up to: a b "The Boy with the Answer". Bones. Season 5. Episode 21. 2010-05-13. Fox.
Jump up ^ "The Man in the Cell". Bones (TV series). Season 2. Episode 12.
Jump up ^ "The Man in the Wall". Bones (TV series). Season 1. Episode 6. Fox.
Jump up ^ "A Boy in a Tree". Bones (TV series). Season 1. Episode 3. September 27, 2005.
^ Jump up to: a b "The Woman in the Tunnel". Bones (TV series). Season 1. Episode 16. 2006-04-22. Fox.
Jump up ^ "The Skull in the Desert". Bones. Season 1. Episode 17. April 5, 2006. Fox.
Jump up ^ "The Glowing Bones in the Old Stone House". Bones (TV series). Season 2. Episode 20. 2007-05-09. Fox.
^ Jump up to: a b "The Stargazer in the Puddle". Bones (TV series). Season 2. Episode 21. 2007-05-16. Fox.
^ Jump up to: a b "The Perfect Pieces in the Purple Pond". Bones (TV series). Season 4. Episode 5. 2008-09-24. Fox.
Jump up ^ "The Witch in the Wardrobe". Bones (TV series). Season 5. Episode 20. 2010-05-13. Fox.
Jump up ^ "The Skull in the Sculpture". Bones. Season 4. Episode 8. November 5, 2008. Fox.
Jump up ^ "The Salt in the Wounds". Bones. Season 4. Episode 17. March 19, 2009. Fox.
Jump up ^ "The Tough Man in the Tender Chicken". Bones (TV Series). Season 5. Episode 6.
Jump up ^ "The Proof in the Pudding". Bones (TV Series). Season 5. Episode 12.
[hide]
v
t
e
Bones
Characters
Temperance Brennan
Seeley Booth
Angela Montenegro
Zack Addy
Jack Hodgins
Lance Sweets
Gormogon
Seasons
1
2
3
4
5
6
7
8
9
10
11
12
Episodes
Season 1
"Pilot"
"The Man in the S.U.V."
"A Boy in a Tree"
"The Man in the Bear"
"A Boy in a Bush"
"The Man in the Wall"
"A Man on Death Row"
"The Girl in the Fridge"
"The Man in the Fallout Shelter"
"The Woman at the Airport"
"The Woman in the Car"
"Two Bodies in the Lab"
"The Man in the Morgue"
Season 2
"The Titan on the Tracks"
Spin-off
The Finder
Retrieved from "https://en.wikipedia.org/w/index.php?title=Angela_Montenegro&oldid=826513036"
Categories:
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Fictional bisexual females
Fictional American people of Chinese descent
Fictional characters introduced in 2005
Fictional characters from Baltimore
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Stand-your-ground law
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
"Stand your ground" redirects here. For other uses, see Stand Your Ground (disambiguation).
A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) establishes a right by which a person may defend one's self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Such a law typically states that an individual has no duty to retreat from any place where they have a lawful right to be, and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm and/or death.
The laws as described in this article are mainly focused on American state legislation adopted since 2005. Prior to that date, states tended to follow English common law which has a stand-your-ground law rooted in the concept of using 'reasonable force' in self-defence.
Stand-your-ground laws in the United States were created to provide a defense in criminal cases. In Dawkins v. State (2011) the court describes "[T]he 'stand your ground' law... provide[s] that a person has a right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an intruder... for a person to be justified in using deadly force, the person must not be 'engaged in unlawful activity".[1]
Justification using stand-your-ground laws may be limited when "[the defendant] was engaged in illegal activities and not entitled to benefit from provisions of the 'stand your ground' law". This may be the case even if the illegal conduct the defendant was engaged in had nothing to do with the threat which instigated his use of deadly force. For instance, as is the case in Dawkins v. State, using an illegally obtained weapon in self defense to avoid being robbed and beaten is not justified by this law.[1]
The castle doctrine is a common law doctrine stating that persons have no duty to retreat in their home, or "castle", and may use reasonable force, including deadly force, to defend their property, person, or another. Outside of the abode, however, a person has a duty to retreat, if possible, before using deadly force. Castle doctrine and "stand-your-ground" laws are acceptable defenses for people who have been charged with criminal homicide.[2]
At common law, self-defense claims are not valid if the defendant could have safely retreated from danger (duty to retreat). The castle doctrine is an exception to this. It gives immunity from liability to individuals who acted in self-defense in the home even if they could have safely retreated from the threat and failed to do so. The duty to retreat is a legal requirement in some jurisdictions that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must retreat to a place of safety instead.[3][better source needed] Deadly force or lethal force is force with the intent of serious bodily injury or death to another person. In most jurisdictions it is only accepted under conditions of extreme necessity and last resort.
Stand-your-ground laws eliminate the retreat requirement at any location the defendant has a legal right to be,[4] though this varies from state to state.
Contents
1 United States
1.1 Laws
1.2 Controversy
1.3 Racial disparity
1.4 Effects on crime
2 Other jurisdictions
2.1 England and Wales
2.2 Canada
2.3 Czech Republic
2.4 Germany
2.5 Ireland
3 See also
4 References
5 Further reading
United States[edit]
Laws[edit]
Stand your ground law by US jurisdiction
Stand-your-ground law
Stand-your-ground in practice
Stand-your-ground from within one's vehicle
Castle doctrine only; duty to retreat in public
Duty to retreat
The states that have legislatively adopted stand-your-ground laws are Alabama,[5] Alaska,[6] Arizona,[7] Florida,[8] Georgia, Idaho, Indiana, Iowa,[9] Kansas,[10] Kentucky, Louisiana,[7] Michigan,[7] Mississippi, Missouri,[11] Montana,[7] Nevada, New Hampshire,[7] North Carolina,[12] Oklahoma,[7] Pennsylvania,[13] South Carolina, South Dakota, Tennessee,[7] Texas,[14] Utah,[15] West Virginia[7] and Wyoming.[16]
The states that have adopted stand-your-ground in practice,[17] either through case law/precedent, jury instructions or by other means, are California,[18][19] Colorado,[20][21] Illinois, New Mexico, Oregon, Virginia,[22] and Washington.
States that have adopted stand-your-ground, but limit it to only when a person is within their vehicle, are North Dakota, Ohio, and Wisconsin.
The states that have castle doctrine only with the duty to retreat in public are Arkansas, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New York, New Jersey, and Rhode Island. This means that people can use deadly force in their home, car, or other form of abode but have to retreat in public.
Controversy[edit]
Stand-your-ground laws are frequently labeled "shoot first" laws by opposition groups, including the Brady Campaign to Prevent Gun Violence.[23] In Florida, self-defense claims tripled in the years following enactment.[23][24] Opponents argue that Florida's law makes it potentially more difficult to prosecute cases against individuals who commit a crime and claim self-defense. Before passage of the law, Miami police chief John F. Timoney called the law unnecessary and dangerous in that "[w]hether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be used."[25][26] A counter argument is that implementing a duty-to-retreat places the safety of the criminal above a victim's own life.[27]
In Florida, a partisan task force created by former Democratic state Sen. Chris Smith of Fort Lauderdale found the law to be "confusing".[28] Those discussing issues with the group included Buddy Jacobs, a lawyer representing the Florida Prosecuting Attorneys Association. Jacobs recommended the law's repeal, stating that modifying the law would not fix its problems. In a July 16, 2013 speech in the wake of the jury verdict acquitting George Zimmerman of charges stemming from the shooting death of Trayvon Martin, Attorney General Eric Holder criticized stand-your-ground laws as "senselessly expand[ing] the concept of self-defense and sow[ing] dangerous conflict in our neighborhoods."[29] The defendant, George Zimmerman, claimed he was restrained at the time of the shooting, thus allowing no option for retreat and making 'stand your ground' irrelevant to the case.[30]
In 2014, Florida's legislature considered a bill that would allow people to show a gun or fire a warning shot during a confrontation without drawing a lengthy prison sentence.[31] In 2017 there was a bill proposed in Florida's state legislature that would require the prosecution to prove that a defendant's use of self-defense was not valid.[32] In 2018, the Shooting of Markeis McGlockton led some civil rights activists and politicians to call for abolition of the statute.[33]
Racial disparity[edit]
In 2012, in response to the Trayvon Martin case, the Tampa Bay Times compiled a report on the application of stand your ground, and also created a database of cases where defendants sought to invoke the law.[34][35][36] Their report found no racial disparity in Florida cases in which defendants claiming self-defense under the law are prosecuted, with caucasian subjects being charged and convicted at the same rate as african american subjects, and results of mixed-race cases were similar for both white victims of black attackers and black victims of white attackers.[34][36] Victims of african american attackers overall were more successful at using the law than victims of caucasian attackers, regardless of the victim’s race claiming self-defense, but analysis showed that black attackers were also more likely to be armed and to be involved in committing a crime, such as burglary, when shot.[34][35][36]
A Texas A&M study found that when whites use the stand-your-ground defense against black attackers they are more successful than when blacks use the defense against white attackers.[37] A paper from The Urban Institute which analysed FBI data found that in stand-your-ground states, the use of the defense by whites in the shooting of a black person is found to be justifiable 17 percent of the time, while the defense when used by blacks in the shooting of a white person is successful 1 percent of the time.[37][38] In non-stand-your-ground states, the shooting of a black person by a white is found justified approximately 9 percent of the time, while the shooting of a white person by a black is found justified approximately 1 percent of the time.[37][38] According to the Urban Institute, in Stand Your Ground states, white-on-black homicides are 354 percent more likely to be ruled justified than white-on-white homicides.[39] The paper's author noted that the data used do not detail the circumstances of the shooting, which could be a source of the disparity. They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25.[40] A 2015 study found that cases with white victims are two times more likely to result in convictions under these laws than cases with black victims.[41]
Effects on crime[edit]
A 2018 RAND Corporation overview of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular." As a result, the research paper recommended that Congress "consider lifting current restrictions in appropriations legislation that limit research funding and access to data ... [and that] the administration should invest in firearm research ... [which includes] "defensive gun use".[42] Justifiable homicides have been found to have increased by 8 percent in states with stand-your-ground laws.[37] Economist John Lott says that states adopting stand-your-ground/castle doctrine laws reduced murder rates by 9 percent and overall violent crime by 11 percent, and that occurs even after accounting for a range of other factors such as national crime trends, law enforcement variables (arrest, execution, and imprisonment rates), income and poverty measures, demographic changes, and the national average changes in crime rates from year-to-year and average differences across states.[43] One study found that the adoption of stand-your-ground laws caused a statistically significant increase in the raw homicide rate, and had only a very small positive effect on deterrence of crime. The authors of the study were unable to determine what percentage of the increase was justifiable homicide, due to the reporting of homicide to the FBI often lacking notation whether the homicide was justifiable or not.[44][45]
A 2012 analysis of stand-your-ground laws by economists at American University, using monthly data from the U.S. Vital Statistics, found a significant increase in homicide and injury of whites, especially white males. They also analyzed data from the Health Care Utilization Project, which revealed significantly increased rates of emergency room visits and hospital discharges related to gun injuries in states which enacted these laws.[46]
In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. This included criminals using the law as a defense for their crimes, more people carrying guns, and that people would not feel safe if they felt that anyone could use deadly force in a conflict. The report also noted that the misinterpretation of clues could result in use of deadly force when there was, in fact, no danger. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes.[47]
Florida's stand-your-ground law went into effect on October 1, 2005. Florida state representative Dennis Baxley, an author of the law, said that the violent crime rate has dropped since the enactment of the law, though he said there may be many reasons for the change. Others have argued that the law may lead to an increase in crime.[48] Violent crime data for 1995 – 2015 has been published by the Florida Department of Law Enforcement.[49]
In 2012, a study was published which found that after the Joe Horn shooting controversy in 2007 publicized Texas' stand-your-ground law, burglaries decreased significantly in Houston, but not in Dallas, over a 20-month period.[50]
A 2013 study in the Journal of Human Resources claims that Stand Your Ground laws in states across the U.S. contribute to 600 additional homicides a year. According to Mark Hoestra, co-author of the study: "We asked what happened to homicide rates in states that passed these laws between 2000 and 2010, compared to other states over the same time period. We found that homicide rates in states with a version of the Stand Your Ground law increased by an average of 8 percent over states without it—which translates to roughly 600 additional homicides per year. These homicides are classified by police as criminal homicides, not as justifiable homicides."[51] Although police officers make up for additional homicides, they are justified. These are not classified as murder because the officers are acting in the line of duty. Police are not required to retreat when acting in the line of duty.[52]
A 2015 study found that the adoption of Oklahoma's stand-your-ground law was associated with a decrease in residential burglaries, but also that the law had "the unintended consequence of increasing the number of non-residential burglaries."[53] In 2016, Mark Gius published a study that found that stand-your-ground laws were not associated with lower crime rates.[54]
A widely reported[55] 2016 study in the Journal of the American Medical Association compared homicide rates in Florida following the passage of its "stand your ground" self-defense law to the rates in four control states, New Jersey, New York, Ohio and Virginia, which have no similar laws. It found that the law was associated with a 24.4% increase in homicide and a 31.6% increase in firearm-related homicide, but no change in rates of suicide or suicide by firearm, between 2005 and 2014. It noted that, "[c]ircumstances unique to Florida may have contributed to our findings, including those that we could not identify," and "[o]ur study examined the effect of the Florida law on homicide and homicide by firearm, not on crime and public safety".[56][57] The study was criticized by gun rights advocate John Lott's Crime Prevention Research Center for studying only one state.[55] Gun enthusiast and attorney Andrew Branca, writing in National Review, criticized the study for not distinguishing between justifiable homicides and murder, and for relying solely on statutory laws while overlooking case law (i.e. Virginia) in determining the data set.[58] The study was praised by Duke University professor Jeffrey Swanson for its use of other states as controls, saying "[t]hey look at comparable trends in states that didn't pass the law and don't see the effect."[59]
Other jurisdictions[edit]
England and Wales[edit]
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (June 2018) (Learn how and when to remove this template message)
The common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defence of using reasonable force in self-defence.
In English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force, but one who chooses not to retreat, when retreat would be a safe and easy option, might find it harder to justify his use of force as 'reasonable'.
Any force used must be reasonable in the circumstances as the person honestly perceived them to be, after making allowance for the fact that some degree of excess force might still be reasonable in the heat of the moment.
It was once thought that in 'householder defence' cases, excessive force would be regarded as unreasonable only if "grossly disproportionate", but that view has twice been rejected by the courts. Grossly disproportionate force can never be reasonable, but lesser force might or might not be, depending on the circumstances. In R v Ray (2017) the Lord Chief Justice, giving the judgment of the Court of Appeal, said:
"If there is a threat of confrontation in the street, then the option to retreat may be important in determining whether the use of any force was reasonable. In the case of an intruder in the home, however, the option of retreat is unlikely to arise in many cases and therefore the degree of force used, although otherwise appearing to be disproportionate, might nonetheless be assessed as reasonable."
Canada[edit]
In Canada, as in England, there is no duty to retreat under the law. Canada's laws regarding self defense are similar in nature to that of England, as they center around the acts committed, and whether or not those acts are considered reasonable in the circumstances. The sections of the Canadian criminal code that deal with self defense or defense of property are sections 34 [60]and 35[61], respectively. These sections were updated in 2012 to clarify the code, and to help legal professionals to apply the law in accordance with the values Canadians hold to be acceptable.
Czech Republic[edit]
Main article: Gun laws in the Czech Republic § Self defense with firearms
There is no explicit stand-your-ground or castle doctrine provision in the laws of the Czech Republic, however there is also no duty to retreat from an attack.[62] In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to the manner of the attack".[63]
Germany[edit]
German law allows self-defense against an unlawful attack.[64] If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat.[65] However, there must not be an extreme imbalance ("extremes Missverhältnis") between the defended right and the chosen method of defense.[66] In particular, in case firearms are used, a warning shot must be given when defending a solely material asset.[67] If the self-defense was excessive, its perpetrator is not to be punished if he exceeded on account of confusion, fear or terror [68].
Ireland[edit]
Under the terms of the Defence and the Dwelling Act, property owners or residents are entitled to defend themselves with force, up to and including lethal force. Any individual who uses force against a trespasser is not guilty of an offense if he or she honestly believes they were there to commit a criminal act and a threat to life. However, there is a further provision which requires that the reaction to the intruder is such that another reasonable person in the same circumstances would likely employ it. This provision acts as a safeguard against grossly disproportionate use of force, while still allowing a person to use force in nearly all circumstances.
The law was introduced in response to DPP v. Padraig Nally.
A person who uses such force as is permitted by section 2 in the circumstances referred to in that section shall not be liable in tort with respect to any injury, loss or damage arising from the use of such force.
The force used is only such as is reasonable in the circumstances as he or she believes them to be—
(i) to protect himself or herself or another person present in the dwelling from injury, assault, detention or death caused by a criminal act,
(ii) to protect his or her property or the property of another person from appropriation, destruction or damage caused by a criminal act, or
(iii) to prevent the commission of a crime or to effect, or assist in effecting, a lawful arrest.
It does not matter whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned.
This law does not apply to force used against a member of An Garda Siochána (Irish Police) or anyone assisting them, or a person lawfully performing a function authorised by or under any enactment.
See also[edit]
Jury nullification
Proxemics, the study of human use of space and the effects that population density has on behavior, communication, and social interaction
Restorative justice
References[edit]
^ Jump up to: a b Dawkins v. State, 252 P.3d 214 (Okla. 2011)
Jump up ^ Randall, Mark; DeBoer, Hendrick (April 24, 2012). "The Castle Doctrine and Stand-Your-Ground Law".
Jump up ^ "Duty to Retreat". Wikipedia.
Jump up ^ Florida Statutes Title XLVI Chapter 776
Jump up ^ Ala. Code 13A-3-23(b): "A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his ground."
Jump up ^ Eaton, Daysha (2013-06-20). "Parnell Signs Bills, Resolutions Supporting Gun Rights | Alaska Public Media". Alaskapublic.org. Retrieved August 23, 2014.
^ Jump up to: a b c d e f g h Martosko, David (April 1, 2012) "'Stand your ground' laws not just GOP policy, records show" The Daily Caller. Retrieved April 3, 2012.
Jump up ^ "Title XLVI Chapter 776: JUSTIFIABLE USE OF FORCE". The 2013 Florida Statutes. The Florida Legislature. Retrieved April 15, 2014.
Jump up ^ NRA-ILA. "NRA-ILA | Iowa: Governor Branstad Expands the Second Amendment Rights of Gun Owners Across Iowa". NRA-ILA. Retrieved 2017-04-14.
Jump up ^ "States That Have Stand Your Ground Laws". FindLaw. Retrieved 6 October 2014.
Jump up ^ Bott, Kurt Erickson, Celeste. "Missouri Senate overrides bill allowing concealed carry without a permit". Retrieved 2016-09-15.
Jump up ^ N.C.G.S. 14 51.3
Jump up ^ "Pennsylvania's Stand Your Ground Law Mirrors Florida's", Public Source, March 21, 2012
Jump up ^ "Gov. Perry Signs Law Allowing Texans to Protect Themselves", Office of Governor Rick Perry Press Release, March 27, 2007
Jump up ^ 76-2-405 "Force in defense of habitation" Check |url= value (help). Utah criminal Code.
Jump up ^ NRA-ILA. "NRA-ILA - Wyoming: Stand Your Ground Legislation Becomes Law".
Jump up ^ ""Stand Your Ground" Laws | Law Center to Prevent Gun Violence". smartgunlaws.org. Retrieved 2017-01-12.
Jump up ^ Penal Code §§ 197, 198.5, Legislative Counsel, State of California, archived from the original on May 12, 2009, retrieved April 3, 2012
Jump up ^ "CALCRIM No. 505. Justifiable Homicide". CaliforniaJuryInstructions.Net. January 2006. Retrieved April 3, 2012.
Jump up ^ People v. Toler, 9 P.3d 341 (Colo. 2000)
Jump up ^ Cassels v. People, 92 P.3d 951 (Colo. 2004)
Jump up ^ "Virginia Concealed Carry Permit Information". USA Carry. Retrieved September 10, 2013.
^ Jump up to: a b "Florida 'Stand Your Ground' law could complicate Trayvon Martin teen shooting case". MSNBC. March 20, 2012. Retrieved March 21, 2012.
Jump up ^ "Deaths Nearly Triple Since 'Stand Your Ground' Enacted". CBS Miami. 2011-03-20. Retrieved March 23, 2012.
Jump up ^ Goodnough, Abby. "Florida Expands Right to Use Deadly Force in Self-Defense". The New York Times. nytimes.com. Retrieved March 23, 2012.
Jump up ^ Goodman, Howard. "NRA's Behind-the-Scenes Campaign Encouraged 'Stand Your Ground' Adoption". Florida Center for Investigative Reporting. fcir.org. Retrieved March 23, 2012.
Jump up ^ Carmon, Irin (March 20, 2014). "Can Women Stand Their Ground? Depends On the Target". MSNBC.
Jump up ^ "Trayvon Martin case: Florida task force told 'stand your ground' law confusing". TheGrio. April 6, 2012. Retrieved April 6, 2012.
Jump up ^ Holder, Eric. "Remarks as Prepared for Delivery by Attorney General Eric Holder at the NAACP Annual Convention" (PDF). Retrieved July 16, 2013.
Jump up ^ Jacob Sullum (2013-07-15). "Zimmerman's Prosecutors Did Not Think They Were Trying a 'Stand Your Ground' Case - Hit & Run". Reason.com. Retrieved August 23, 2014.
Jump up ^ Fair, Madison (2014). "Dare Defend: Standing for Stand Your Ground". Law and Psychology Review. 38. Retrieved 1 December 2014.
Jump up ^ ""Stand Your Ground' Could Get Worse". The New York Times. March 9, 2017.
Jump up ^ Fatal shooting reignites 'Stand Your Ground' law debate in Florida, FOX, 21 August 2018
^ Jump up to: a b c "Florida's stand your ground law". Tampa Bay Times. December 23, 2013. Retrieved July 14, 2014.
^ Jump up to: a b Hundley, Kris; Martin, Susan Taylor; Humburg, Connie (June 1, 2012). "Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied". Tampa Bay Times. Retrieved May 16, 2014.
^ Jump up to: a b c Martin, Susan Taylor; Hundley, Kris; Humburg, Connie (June 2, 2012). "Race plays complex role in Florida's 'stand your ground' law". Tampa Bay Times. Retrieved July 14, 2014.
^ Jump up to: a b c d Jonsson, Patrik (August 6, 2013). "Racial bias and 'stand your ground' laws: what the data show". Christian Science Monitor. Retrieved May 3, 2014.
^ Jump up to: a b Roman, John K. "Race, Justifiable Homicide, and Stand Your Ground Laws: Analysis of FBI Supplementary Homicide Report Data" (PDF). http://www.urban.org/UploadedPDF/412873-stand-your-ground.pdf. The Urban Institute. Retrieved June 29, 2014. External link in |website= (help)
Jump up ^ Flatow, Nicole. "5 Disturbing Facts About The State Of Stand Your Ground". Retrieved 1 December 2014.
Jump up ^ "Is There Racial Bias in "Stand Your Ground" Laws?".
Jump up ^ Ackermann, Nicole; Goodman, Melody S.; Gilbert, Keon; Arroyo-Johnson, Cassandra; Pagano, Marcello (October 2015). "Race, law, and health: Examination of 'Stand Your Ground' and defendant convictions in Florida". Social Science & Medicine. 142: 194–201. doi:10.1016/j.socscimed.2015.08.012.
Jump up ^ "The Science of Gun Policy". Morral, Andrew R., Ramchand, Rajeev, Smart, Rosanna, Gresenz, Carole Roan, Cherney, Samantha, Nicosia, Nancy. 2018.
Jump up ^ Lott, John. More Guns Less Crime. Table 10.14 "Time impact of the Castle Doctrine on violent crime rates"
Jump up ^ Cheng, Cheng; Hoekstra, Mark (2012). "Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Castle Doctrine" (PDF). Retrieved September 19, 2012.
Jump up ^ Palazzolo, Joe (June 11, 2012). "Study Says 'Stand Your Ground' Laws Increase Homicides". Wall Street Journal. Retrieved September 19, 2012.
Jump up ^ McClellan, Chandler; Tekin, Erdal (2017). "Stand Your Ground Laws, Homicides, and Injuries". Journal of Human Resources. 52 (3): 621–653. doi:10.3368/jhr.52.3.0613-5723R2. (Original version available here.)
Jump up ^ Jansen, Steven; Nugent-Borakove, M. Elaine. "Expansions to the Castle Doctrine: Implications for Policy and Practice" (PDF). National District Attorneys Association. Retrieved June 28, 2013.
Jump up ^ "Crime rates in Florida have dropped since 'stand your ground,' says Dennis Baxley". @politifact. Retrieved 2016-12-06.
Jump up ^ "Florida Department of Law Enforcement - Violent Crime". www.fdle.state.fl.us. Retrieved 2016-12-06.
Jump up ^ Ren, L.; Zhang, Y.; Zhao, J. S. (27 December 2012). "The Deterrent Effect of the Castle Doctrine Law on Burglary in Texas: A Tale of Outcomes in Houston and Dallas". Crime & Delinquency. 61 (8): 1127–1151. doi:10.1177/0011128712466886.
Jump up ^ Coleman, Christina. "Kill At Will: Stand Your Ground Laws Contribute To 600 Additional Homicides A Year (DETAILS)". Retrieved 1 December 2014.
Jump up ^ Roberts, Joshua (Winter 2012). "Deadly Force and the Right of Self-Defense Stand Your Ground Laws". Forensic Examiner – via ProQuest.
Jump up ^ Chamlin, Mitchell B.; Krajewski, Andrea E. (29 December 2015). "Use of Force and Home Safety: An Impact Assessment of Oklahoma's". Deviant Behavior: 1–9. doi:10.1080/01639625.2015.1012027.
Jump up ^ Gius, Mark (September 2016). "The relationship between stand-your-ground laws and crime: A state-level analysis". The Social Science Journal. 53 (3): 329–338. doi:10.1016/j.soscij.2016.01.001.
^ Jump up to: a b "Misleading Journal of the American Medical Association research about Florida's Stand Your Ground Law - Crime Prevention Research Center". Crime Prevention Research Center. 2016-11-28. Retrieved 2017-01-11.
Jump up ^ Humphreys, David K.; Gasparrini, Antonio; Wiebe, Douglas J. "Evaluating the Impact of Florida's "Stand Your Ground" Self-defense Law on Homicide and Suicide by Firearm". JAMA Internal Medicine. doi:10.1001/jamainternmed.2016.6811.
Jump up ^ "A study by the Journal of the American Medical Association suggests stand-your-ground laws result in more fatal shootings". The Economist. Retrieved 2017-01-11.
Jump up ^ Branca, Andrew. "What to Make of the New Study of Florida's 'Stand Your Ground' Law". National Review. Retrieved 2016-11-18.
Jump up ^ Mohney, Gillian (November 14, 2016). "Florida Homicide Rate Increased After Passage of 'Stand Your Ground' Law, Study Finds". ABC News.
Jump up ^ http://laws-lois.justice.gc.ca/eng/acts/C-46/page-6.html#h-9
Jump up ^ http://laws-lois.justice.gc.ca/eng/acts/C-46/page-6.html#h-10
Jump up ^ Supreme Court of the Czech Republic (24 October 2001), Decision No. 5 Tz 189/2001 (in Czech), Brno
Jump up ^ Novotný, Oto (2004). Trestní právo hmotné. Praha: ASPI.
Jump up ^ "Notwehrparagraph".
Jump up ^ Heinrich, Bernd (2005). Strafrecht - Allgemeiner Teil I (in German). Stuttgart: Kohlhammer. p. 110. ISBN 3-17-018395-8.
Jump up ^ Heinrich, Bernd (2005). Strafrecht - Allgemeiner Teil I. Stuttgart: Kohlhammer. p. 123. ISBN 3-17-018395-8.
Jump up ^ Heinrich, Bernd (2005). Strafrecht - Allgemeiner Teil I (in German). Stuttgart: Kohlhammer. p. 126. ISBN 3-17-018395-8.
Jump up ^ "Notwehrexzess".
Further reading[edit]
Palmer, Brian (July 16, 2013). "Do Other Countries Have 'Stand Your Ground' Laws? Or do they require you to slowly back away?". Slate. The Slate Group. Retrieved May 26, 2014.
Lithwick, Dahlia (February 25, 2014). "'Stand Your Ground' Nation: America used to value the concept of retreat. Now we just shoot". Slate. The Slate Group. Retrieved May 26, 2014.
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