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The Development and Evolution for the Justification of the Use of Lethal Force in Legislation

van 't Hooft, Joseph
http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1556887597743281

Abstract Details

2019, BBA, Kent State University, College of Business and Entrepreneurship, Ambassador Crawford / Department of Marketing and Entrepreneurship.
The purpose of this paper is to explore the development of self-defense laws in the United States, which ultimately lead to the creation of Stand Your Ground laws. The main questions explored throughout this discussion include: “Why did law makers justify the use of lethal force as a means of self-defense?” as well as “Did the self-defense laws do what they were intended to?”. In order to answer these questions a detailed document analysis of academic research, law review articles, legislation, Senate and House bills, and case law was conducted. In addition, two case studies regarding the creation, implication, and interpretation of these laws were also conducted. Specifically, the states of Florida and Ohio were examined. This review showed that from the founding of America, the right to self-defense has always been an import part of a citizen’s rights. Law makers held the belief that law abiding citizens should be able to protect their life, liberty, and property from unlawful and forceful invasions by whatever means necessary. However, there were limits set on self-defense laws, specifically regarding an individual’s duty “to retreat to the wall” before using deadly force. As time progressed, multiple attempts were made to expand when and where an individual had the right to use lethal force to protect themselves, others, and their property by meeting force with force. This lead to the development of the Castle Doctrine, which allows individuals to use deadly force as a means of self-defense in their homes and vehicles against an unlawful intruder. Then in 2005, the State of Florida codified Stand Your Ground laws, which allowed individuals to meet force with force in any place where they legally had the right to be. Doing so expanded an individual’s right to self-defense farther than it had ever been before in the U.S. Soon after other states followed suit and began to create their own versions of Stand Your Ground laws. After their creation, the self-defense laws of various states were interpreted in a variety of cases; some were applied correctly, while others protected individuals they never intended.
Beth Campell, Esq. & PhD (Advisor)
Leslie Heaphy, PhD (Committee Member)
John Frank, Esq. (Committee Member)
Amanda Paar Conroy, Esq. (Committee Member)
89 p.
Law; Legal Studies; Sociology
Self-Defense; Stand Your Ground laws; Castle Doctrine; Retreat Rule; Modern Self-Defense laws; Super Castle Doctrine

Recommended Citations

Citations

  • van 't Hooft, J. (2019). The Development and Evolution for the Justification of the Use of Lethal Force in Legislation [Electronic thesis or dissertation, Kent State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1556887597743281

    APA Style (7th edition)

  • van 't Hooft, Joseph. The Development and Evolution for the Justification of the Use of Lethal Force in Legislation. 2019. Kent State University, Electronic thesis or dissertation. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1556887597743281.

    MLA Style (8th edition)

  • van 't Hooft, Joseph. "The Development and Evolution for the Justification of the Use of Lethal Force in Legislation." Electronic thesis or dissertation, Kent State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1556887597743281

    Chicago Manual of Style (17th edition)

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© 2019, all rights reserved.
This open access ETD is published by Kent State University Honors College and OhioLINK.