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Document Type

Essay

Abstract

Stand Your Ground laws, and the issues they generate, do raise serious questions about what constitutes justice in cases that give rise to claims of self-defense. In order to resolve those questions, we first need to understand what the self-defense doctrine actually says and how it was designed to work. It is necessary to specify the ways in which Stand Your Ground provisions do, and do not, affect that doctrine.

In this Essay I will raise three issues about Stand Your Ground and self-defense. In addressing these issues I will use Florida law as a template because the Stand Your Ground provisions in that state have served as a model for other similar statutes across the country. I will also focus on the rules governing use of deadly force, since it is those provisions that have caused most of the controversy.

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