A jurisdiction is an area with a set of laws and under the control of a system of courts or government entity that is different from neighbouring areas.
67-576: Note: Varies by jurisdiction Note: Varies by jurisdiction Homicide is an act in which a person causes the death of another person . A homicide requires only a volitional act, or an omission, that causes the death of another, and thus a homicide may result from accidental , reckless , or negligent acts even if there is no intent to cause harm. It is separate from suicide . Homicides can be divided into many overlapping legal categories, such as murder , manslaughter , justifiable homicide , assassination , killing in war (either following
134-453: A " line in the sand " or "no duty to retreat" law , provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes ( right of self-defense ). Under such a law, people have no duty to retreat before using deadly force in self-defense , so long as they are in a place where they are lawfully present. The exact details vary by jurisdiction. The alternative to stand your ground
201-556: A concept to define certain large-scale killings of non-combatants by state actors. Some medium- and large-scale mass killings by state actors have been termed massacres , though not all such killings have been so named. The term " democide " was coined by American political scientist Rudolph Rummel to describe "murder by government" in general, which included both extrajudicial killings and widespread systematic acts of homicide. Killings committed by state actors might be called "murder" or "mass murder" in general usage, especially if seen by
268-537: A house or apartment was the most common location of homicide (41%); followed by a street or highway (22%); a motor vehicle (10%); and a parking lot, public garage, or public transport (4.5%). Precipitating circumstances were identified in 69% of homicides. One-third of homicides with known circumstances were precipitated by an argument or conflict (34%), and 15% of homicides with known circumstances were related to intimate partner violence . Homicides also were commonly precipitated by another crime (23%); in 66% of those cases,
335-427: A jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. Different jurisdictions allow deadly force against different crimes. All American states allow it against prior deadly force, great bodily injury , and likely kidnapping or rape ; some also allow it against threat of robbery and burglary . A 2020 RAND Corporation review of existing research concluded: "There
402-450: A limited castle doctrine , by excluding punishment if the defendant used excessive force while protecting one's home unless "exceeding the limits of necessary defense was gross". If the self-defense was excessive, its perpetrator is not to be punished if he or she exceeded on account of fear or rage justified by the circumstances of the attack. Stand-your-ground laws are frequently labeled "shoot first" laws by opposition groups, including
469-689: A near "crisis point" in Central America and the Caribbean . Of all homicides worldwide, 82 percent of the victims were men, and 18 percent were women. On a per-capita scaled level, "the homicide rate in Africa and the Americas (at 17 and 16 per 100,000 population, respectively) is more than double the global average (6.9 per 100,000), whereas in Asia, Europe and Oceania (between 3 and 4 per 100,000) it
536-480: A person to use force in nearly all circumstances. The law was introduced in response to DPP v. Padraig Nally . In 2019, the Italian senate passed a "legitimate defense" bill, protecting the right to self-defense for private citizens of Italy. Stand-your-ground law applies to any kind of threat by an attacker that endangers the victim's safety, health, or life. The victim has no obligation to retreat, as said in
603-409: 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. In the home, the householder is protected by an additional piece of legislation in which it
670-430: A safe and easy option, might find it harder to justify his use of force by the need for self-defense. 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. The person who performs the act is presumed to have acted in self-defense: 1° when repelling, by night,
737-569: A statement by the Supreme Court of Poland on February 4, 1972: "The assaulted person is under no obligation either to escape or hide from the assailant in a locked room, nor to endure the assault restricting his freedom, but has the right to repel the assault with all available means that are necessary to force the assailant to refrain from continuing his assault." Section 2a of the Polish Penal Code introduced in 2017 codifies
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#1732783371028804-416: 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
871-421: A use or threat of force that the person knew was lawful. [omitted (3)] R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F); 2012, c. 9, s. 2. Defence — property 35 (1) A person is not guilty of an offence if (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds
938-805: Is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the " castle doctrine ", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes. Whether
1005-711: Is a centralized database of relevant information from death certificates , coroner and medical examiner records, and law enforcement reports, which emerged from the National Violent Injury Statistics System . This public health surveillance tool began collecting data in 2003 and is analyzed by the National Center for Injury Prevention and Control at the CDC to provide nationally representative data. In 2020, there were 18,439 cases of single homicide (28.6% of all violent deaths) in
1072-407: Is committed for the purpose of (i) preventing the other person from entering the property, or removing that person from the property, or (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and (d) the act committed is reasonable in the circumstances. No defence (2) Subsection (1) does not apply if
1139-454: Is deemed not to be convicted of an offence until the period limited by law for the commencement of an appeal from the conviction has elapsed or the appeal taken from the conviction has concluded or been abandoned. Czech law abandoned the duty to retreat in 1852. Since then, the successive recodifications of criminal law lacked any such requirement. In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to
1206-545: Is divided into two broad categories— murder and manslaughter —based upon the state of mind and intent of the person who commits the homicide. A report issued by the United Nations Office on Drugs and Crime in July 2019 documented that nearly 464,000 people around the world were killed in homicides in 2017, a number significantly in excess of the 89,000 killed in armed conflicts during the same period. Murder
1273-404: Is in peaceable possession of property; (b) they believe on reasonable grounds that another person (i) is about to enter, is entering or has entered the property without being entitled by law to do so, (ii) is about to take the property, is doing so or has just done so, or (iii) is about to damage or destroy the property, or make it inoperative, or is doing so; (c) the act that constitutes the offence
1340-507: Is normally less than the penalty for murder. The two broad categories of manslaughter are: Another form of manslaughter in some jurisdictions is constructive manslaughter , which may be charged if a person causes a death without intention but as the result of violating an important safety law or regulation. Not all homicides are crimes, or subject to criminal prosecution. Some are legally privileged, meaning that they are not criminal acts at all. Others may occur under circumstances that provide
1407-522: Is roughly half". In its 2013 global report, UNODC estimated the total number of homicides worldwide had dropped to 437,000 in 2012. The Americas accounted for 36 percent of all homicides globally, Africa 21 percent, Asia 38 percent, Europe five percent and Oceania 0.3%. The world's average homicide rate stood at 6.2 per 100,000 population in 2012, but the Southern Africa region and Central America had intentional homicide rates four times higher than
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#17327833710281474-453: Is specified that force used against an intruder is not to be regarded as reasonable if it is 'grossly disproportionate ' (as distinct from merely ' disproportionate ' force, which can still be reasonable). Like England and Wales, France has a stand-your-ground law rooted in the defense of using reasonable force in self-defense. Under article 122-5 of French Criminal Code, a person who, faced with an unjustified attack on himself or another, at
1541-412: Is supportive evidence that stand-your-ground laws are associated with increases in firearm homicides and moderate evidence that they increase the total number of homicides." In Canada, there is no duty to retreat under the law. Canada's laws regarding self-defense are similar in nature to those of England, as they centre around the acts committed, and whether or not those acts are considered reasonable in
1608-413: Is the most serious crime that can be charged following a homicide. In many jurisdictions, murder may be punished by life in prison or even capital punishment . Although categories of murder can vary by jurisdiction, murder charges fall under two broad categories , or degrees : In some jurisdictions, a homicide that occurs during the commission of a dangerous crime may constitute murder, regardless of
1675-531: Is unique among Canadian jurisdictions in affording civil immunity to occupiers who employ force, including lethal force, in defense of homes and other premises. In 2019, the Alberta legislature passed the Trespass Statutes (Protecting Law-Abiding Property Owners) Amendment Act, 2019 , in response to rising rural crime, public concern with police inaction and several high-profile self-defense shootings
1742-536: The Algerian War and Soviet–Afghan War , terrorist mass killings such as strategic bombing during World War II and the blockade of Biafra , and German and Japanese imperialism during World War II as examples of imperialist mass killings. A 2011 study by the United Nations Office on Drugs and Crime brought together a wide variety of data sources to create a worldwide picture of trends and developments. Sources included multiple agencies and field offices of
1809-504: The Brady Campaign to Prevent Gun Violence . In Florida, self-defense claims tripled in the years following enactment. 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
1876-723: The Holodomor , Great Leap Forward and Cambodian genocide for communist mass killings, the White Terror , the Holocaust and Dirty War for fascist mass killings, the Armenian and Rwandan genocides for ethnic mass killings and the American Indian Wars and Herero and Nama genocide for territorial mass killings. He also included examples of coercive mass killings, including counterinsurgency killings during
1943-912: The United Nations , the World Health Organization , and national and international sources from 207 countries. The report estimated that in 2010, the total number of homicides globally was 468,000. More than a third (36%) occurred in Africa , 31 percent in the Americas , 27 percent in Asia , five percent in Europe and one percent in Oceania . Since 1995, the homicide rate has been falling in Europe, North America, and Asia, but has risen to
2010-413: The laws of war or as a war crime ), euthanasia , and capital punishment , depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies ; some are considered crimes , while others are permitted or even ordered by the legal system . Criminal homicide takes many forms, including accidental killing and murder. Criminal homicide
2077-452: The 20th century, the homicide rate fell to 1.4 per 100,000. Police forces seldom existed outside the cities; prisons only became common after 1800. Before then, harsh penalties were imposed for homicide (severe whipping or execution) but they proved ineffective at controlling or reducing the insults to honor that precipitated most of the violence. The decline does not correlate with economics or measures of state control. Most historians attribute
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2144-513: The 48 states and DC, a rate of 6.7 per 100,000 inhabitants. There were 695 cases of multiple homicide (1%) and 571 cases (<1%) of homicide followed by suicide with an overall homicide rate of 7.5 per 100,000 population. The weapons most commonly used in homicides were firearms, used in 76.7% of homicides overall; followed by a sharp instrument (9%); a blunt instrument (3%); personal weapons (e.g., hands, feet, or fists; 2.5%); and hanging, strangulation, or suffocation (1.5%). Among all homicide victims,
2211-401: The actions of a co-defendant or third party who is reacting to the crime. The preterintentional killing occurs when a person, with actions aimed at hitting or harming, unintentionally causes the death of a person: the agent will be liable for objective responsibility (or fault, for the laws that require it) for the death event. Manslaughter is a form of homicide in which the person who commits
2278-477: The actor's intent to commit homicide. In the United States , this is known as the felony murder rule . In simple terms, under the felony murder rule a person who commits a felony may be guilty of murder if someone dies as a result of the commission of the crime, including the victim of the felony, a bystander or a co-felon, regardless their intent—or lack thereof—to kill, and even when the death results from
2345-457: The circumstances. Generally where retreat is available in the circumstances, the decision to stand your ground is more likely to be unreasonable. The sections of the Canadian criminal code that deal with self-defense or defense of property are sections 34 and 35, respectively. These sections were updated in 2012 to clarify the code, and to help legal professionals apply the law in accordance with
2412-688: The commentator as unethical, but the domestic legal definitions of murder, manslaughter, etc., usually exclude killings carried out by lawful government action. Dartmouth College professor Benjamin Valentino outlines two major categories of mass killings: dispossessive mass killing and coercive mass killing. The first category includes four subcategories: communist, fascist, ethnic and territorial mass killings, while second category includes counterinsurgency , terrorist and imperialist mass killings. Valentino included several prominent examples of dispossessive mass killing to include his arguments, including
2479-466: The concept of self-defense and sow[ing] dangerous conflict in our neighborhoods." 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. 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
2546-406: The constituent states and enforced by a set of federal courts; with the result that the federal state forms a single jurisdiction for that purpose. A jurisdiction may also prosecute for crimes committed outside its jurisdiction once the perpetrator returns. In some cases, a citizen of another jurisdiction outside its own, can be extradited to a jurisdiction in which the crime is illegal even if it
2613-763: The crime of intentional homicide in 2012 was 43 percent. The 2011 Global Study on Homicide reported that "[W]here homicide rates are high and firearms and organized crime in the form of drug trafficking play a substantial role, 1 in 50 men aged 20 will be murdered before they reach the age of 31. At the other, the probability of such an occurrence is up to 400 times lower. [H]omicide is much more common in countries with low levels of human development, high levels of income inequality and weak rule of law than in more equitable societies , where socioeconomic stability seems to be something of an antidote to homicide. In cases of intimate partner and family-related homicide cases, women murdered by their past or present male partner make up
2680-753: The crime was in progress at the time of the incident like assault or homicide (38.9%), robbery (32.9%), drug trade (14.5%), burglary (11%), motor vehicle theft (5%), rape or sexual assault (2%). A larger proportion of homicides of females than males resulted from caregiver abuse or neglect (9.0% versus 2.7%) or were perpetrated by a suspect with a mental health problem (e.g., schizophrenia or other psychotic conditions, depression, or posttraumatic stress disorder ) (6.3% versus 1.7%). Homicide rates are known to be higher in males and in communities with concentrated poverty, stressed economies, residential instability, neighborhood disorganization, low community cohesion, and informal controls. The overall firearm homicide rate in 2020
2747-601: The defendant with a full or partial defense to criminal prosecution. Common defenses include: The availability of defenses to a criminal charge following a homicide may affect the homicide rate. For example, it has been suggested that the availability of " stand your ground " defense has resulted in an increase in the homicide rate in U.S. jurisdictions that recognize the defense, including Florida. Homicides committed by state actors may be considered lawful or unlawful according to: Types of state killings include: The term mass killing has been proposed by genocide scholars as
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2814-660: The defended right and the chosen method of defense. In particular, in a case in which firearms are used, a warning shot must be given when defending a solely material asset. If the self-defense was excessive, its perpetrator is not to be punished if he or she exceeded on account of confusion, fear or terror. Under the terms of the Criminal Law (Defence and the Dwelling) Act 2011 , property owners or residents are entitled to defend themselves with force, up to and including lethal force. Any individual who uses force against
2881-572: The defender was in the home or had no safe opportunity to flee, so care must be taken in its evaluation in regards to stand your ground law. 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. Victims of African American attackers overall were more successful at using
2948-434: The entry by break-in, violence or trickery in an inhabited place; 2° when defending himself against the authors of robbery or looting executed with violence. German law permits self-defense against an unlawful attack. If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat. However, there must not be an extreme imbalance (" extremes Missverhältnis ") between
3015-458: The face of an attack (or threatened attack) by an assailant in assessing the elements of self-defense.” In British Columbia , the leading case law of which predates the 2012 ss. 34-35 amendments, courts will permit juries to consider available lines of retreat in deciding whether an accused had no other option than to defend himself. However, the option of retreat is not considered a categorical exclusion from self-defense. The province of Alberta
3082-405: The following factors: (a) the nature of the force or threat; (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; (c) the person’s role in the incident; (d) whether any party to the incident used or threatened to use a weapon; (e) the size, age, gender and physical capabilities of the parties to the incident; (f)
3149-431: The homicide either does not intend to kill the victim, or kills the victim as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The penalty for manslaughter
3216-601: The law to be "confusing". 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]
3283-568: The law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully. R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2. A great deal of case law has emerged from different provincial superior courts regarding the interpretation of the elements of self-defense per ss. 34-35 of the Criminal Code . In Ontario , jurors are not permitted "...to consider whether an accused could have retreated from his or her own home in
3350-423: The manner of the attack". The common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defense of using reasonable force in self-defense. 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
3417-405: The nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat; (f.1) any history of interaction or communication between the parties to the incident; (g) the nature and proportionality of the person’s response to the use or threat of force; and (h) whether the act committed was in response to
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#17327833710283484-478: The occupier being convicted of an offence under the Criminal Code (Canada) that is prosecuted by indictment . (4) For the purposes of subsections (2) and (3), a trespasser is a criminal trespasser if the occupier has reasonable grounds to believe that the trespasser is committing or is about to commit an offence under the Criminal Code (Canada). (5) For the purposes of subsection (3), an occupier
3551-399: The offence believes on reasonable grounds that the other person is acting unlawfully. R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F); 2012, c. 9, s. 2. 34 [omitted (1)] Factors (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to,
3618-419: The other person from that use or threat of force; and (c) the act committed is reasonable in the circumstances. [omitted (2)] No defence (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes
3685-422: The person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law. No defence (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of
3752-491: The previous year. Especially influential was the case of Edouard Maurice, who wounded a trespasser and was served with a lawsuit after having criminal charges against him dropped. The new Act amended the Occupiers Liability Act, 2000 and added the following sections: (2) Where a trespasser is not a criminal trespasser, an occupier is not liable to the trespasser for damages for death of or injury to
3819-435: The same time performs an act required by the need for self-defense of himself or another, is not criminally responsible, unless there is a disproportion between the means of defense used and the seriousness of the attack. 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
3886-560: The trend in homicides to a steady increase in self-control of the sort promoted by Protestantism , and necessitated by schools and factories. Eisner argues that macro-level indicators for societal efforts to promote civility , self-discipline, and long-sightedness are strongly associated with fluctuations in homicide rates over the past six centuries. In the US, the National Violent Death Reporting System
3953-427: The trespasser unless the death or injury results from the occupier’s wilful or reckless conduct. (3) Where a trespasser is a criminal trespasser, no action lies against the occupier for damages for death of or injury to the trespasser unless the death or injury is caused by conduct of the occupier that (a) is wilful and grossly disproportionate in the circumstances, and (b) results in
4020-409: The values Canadians hold to be acceptable. Defence — use of threat or force 34 (1) A person is not guilty of an offence if (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or
4087-492: The vast majority of homicide victims worldwide." In the mid-second millennium, local levels of violence in Europe were extremely high by the standards of modern developed countries. Typically, small groups of people would battle their neighbors using the farm tools at hand, such as knives, sickles, hammers, and axes. Mayhem and death were deliberate. The vast majority of Europeans lived in rural areas till 1800. Cities were few, and small in size, but their concentration of population
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#17327833710284154-504: The world average. They were the most violent regions globally, outside of regions experiencing wars and religious or sociopolitical terrorism. Asia exclusive of West Asia and Central Asia, Western Europe, Northern Europe, as well as Oceania had the lowest homicide rates in the world. About 41 percent of the homicides worldwide occurred in 2012 with the use of guns, 24 percent by stabbing with sharp objects such as knife, and 35 percent by other means such as poison. The global conviction rate for
4221-415: 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." A counterargument is that implementing a duty-to-retreat places the safety of the criminal above a victim's own life. In Florida, a task force created by former Democratic state Sen. Chris Smith of Fort Lauderdale found
4288-434: Was conducive to violence and their trends resembled those in rural areas. Across Europe, homicide trends show a steady long-term decline. Regional differences were small, except that Italy's decline was later and slower. From about 1200 AD through 1800 AD, homicide rates from violent local episodes, not including military actions, declined by a factor of ten, from approximately 32 deaths per 100,000 people to 3.2 per 100,000. In
4355-493: Was higher than in the last 20 years, disproportionately borne by Native Americans and Black persons. It is thought that the COVID-19 pandemic increased social and economic stress. [REDACTED] Law portal Jurisdiction (area) Each state in a federation such as Australia , Germany and the United States forms a separate jurisdiction. However, certain laws in a federal state are sometimes uniform across
4422-551: Was not committed in that jurisdiction. Unitary state are usually single jurisdictions, but the United Kingdom is a notable exception since it has three separate jurisdictions because of its three separate legal systems . Also, China has the separate jurisdictions of Hong Kong and Macao . This article related to international law is a stub . You can help Misplaced Pages by expanding it . Stand-your-ground law A stand-your-ground law , sometimes called
4489-580: Was not valid. In 2018, the shooting of Markeis McGlockton led some civil rights activists and politicians to call for abolition of the statute. 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. The database included many cases that were not legally stand your ground, such as when
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