Cecily Zamora
Jillian's Law, which was delayed in Tennessee until lawmakers pass the state budget, would have prevented a person from being released from involuntary commitment if they were deemed mentally incompetent to stand trial, as was the case for the man who shot and killed eighteen-year-old Jillian Ludwig. This law would also prevent those deemed mentally incompetent from legally owning a gun. In Colorado, the Stand Your Ground law allows individuals to use reasonable physical force if they believe it is necessary to protect themselves from danger. The felony stalking law, Vonnie's Law, is also in place in Colorado, where stalking is defined as a pattern of conduct that causes victims to fear for their safety.
| Characteristics | Values |
|---|---|
| Name of the Law | Jillian's Law |
| Reason for the Law | Jillian Ludwig was shot and killed by a man who was released after being arrested for three counts of aggravated assault with a deadly weapon in 2021 |
| Status | Delayed until lawmakers pass the Tennessee budget |
| Purpose | To ensure that a person who has been deemed mentally incompetent cannot legally own a gun and must remain committed until they are mentally fit to stand trial |
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What You'll Learn
Colorado's Stand Your Ground law
The Make My Day law, also known as the Force Against Intruders statute, is a specific type of Stand Your Ground law that applies to those inside the home. It allows occupants to use deadly force against intruders if they reasonably believe the intruder intends to commit a crime or harm the occupants. The definition of a 'crime' in this context is broad and can include even slight unlawful contact or physical force. Occupants have no obligation to retreat and can stand their ground even if there are multiple ways to escape. However, the Make My Day law does not apply to intruders who are at the front door, on the roof or balcony, or in the common areas of an apartment complex or hotel.
- They reasonably believed they were about to suffer imminent and unlawful force.
- They reasonably believed that they had to use immediate force to protect themselves.
- They used a degree of force that they believed was essential to protecting themselves.
It is important to note that Stand Your Ground laws have been criticised for upending centuries of legal tradition, allowing the use of deadly force in self-defence even when retreating or using non-lethal force could have safely avoided it.
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Colorado's felony stalking law
Colorado takes felony stalking very seriously, and the state's stalking laws reflect this. The felony stalking law enacted in Colorado in 2012 is called Vonnie's Law.
According to Colorado state law, stalking is defined by a pattern of conduct, specifically repeated commentary and interaction instead of a one-off experience. Victims of stalking are afraid because of the repeated nature of the stalking and what they fear may happen to them next. For someone to be arrested for felony stalking, there are three specific elements required:
- The stalker must be a credible threat
- The stalker must engage in repeated behaviour, such as following, surveilling, or contacting the victim
- The victim must be afraid or suffer serious emotional distress because of the stalking
Stalking in violation of a protective order or a condition of parole or probation is a class 4 felony, even if it is the first offence. A second or subsequent stalking offence within seven years is also a class 4 felony. A class 4 felony is punishable by 2 to 8 years in prison (with mandatory 3-year parole) and/or a fine of $2,000 to $500,000. A first offence is a class 5 felony. Stalking is an "extraordinary risk" crime, punishable by up to four years in prison and fines of up to $100,000.
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Immigration law
One key aspect of immigration law is the process of obtaining visas and legal status. In the United States, for example, individuals can obtain immigrant visas, which allow them to become lawful permanent residents (LPRs) upon arrival. LPRs have the right to apply for most jobs and can remain in the country permanently, although they are still subject to immigration laws. After residing in the US for five years (or three years in certain cases), LPRs can apply for citizenship.
Additionally, the US offers non-immigrant visas for tourists, foreign students, and temporary workers, allowing them to stay for specified periods. The Diversity Visa Program, which was impacted by the Trump administration's immigration bans, provides another pathway for individuals to immigrate to the US. Family-based immigration is also a significant component of US immigration law, with Congress establishing a system for allocating family preference visas annually.
The National Immigration Law Center (NILC) is an organization dedicated to fighting for immigrant youth's pathway to citizenship and advocating for a humane 21st-century immigration system. They challenge unjust policies, defend educational rights, and promote safe workplaces and fair wages for immigrants.
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Administrative law
At its core, administrative law is a process characterised by transparency, accountability, and public participation. It is governed by frameworks such as the Administrative Procedure Act (APA) at the federal level, which ensures that rule-making and enforcement activities of agencies are conducted fairly and efficiently. The APA is a remedial statute that ensures uniformity and openness in the procedures used by federal agencies. It governs regulations, adjudications, and rulemaking in general terms.
Administrative agencies, also referred to as boards, departments, or commissions, are integral to carrying out administrative acts and interpreting and applying laws in various sectors. These agencies are created through their own organic statutes, which establish new laws and create the respective agencies to interpret, administer, and enforce those laws. Agencies are delegated power by Congress or state legislatures to take on the responsibility for carrying out certain prerogatives. While some scholars argue that the delegation of law-making power to agencies is unconstitutional, the current jurisprudence in administrative law deems agencies constitutional and necessary for practical reasons.
In countries with a civil law tradition, administrative law has been influenced by supranational legal orders, resulting in changes to traditional concepts and the development of a supranational public administration in areas such as the environment and education. In Brazil, administrative cases are heard by Federal Courts or Public Treasury divisions of State Courts, depending on the matter at hand. China has also developed its administrative law framework since the 1980s, establishing control mechanisms and providing avenues for people to challenge government action. France's administrative courts have developed an extensive and coherent case law, with principles such as the right to a fair trial and equal access to government employment.
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Criminal law
Criminal offenses are punishable by sanctions, including fines or jail time, and can have long-lasting consequences on an individual's life. Common law, federal criminal law statutes, state criminal codes, and local government legislatures form the basis of the criminal law system. Federal criminal law, as outlined in Title 18 of the U.S. Code, addresses various crimes such as arson, use of chemical weapons, kidnapping, and embezzlement, with prescribed maximum sentences.
Two key concepts in criminal prosecution are "actus reus" and "mens rea." Actus reus refers to the criminal act or conduct, while mens rea refers to the individual's mental state or intent at the time of the act. Accessories to a crime, those who aid a criminal and hinder their detection or prosecution, can be guilty of a separate offense, and their intent and actions are also considered during prosecution.
In the United States, a law cannot punish a person solely based on their status. For instance, a state cannot punish someone for being homeless, but it can punish a homeless individual for trespassing or loitering, which involves specific conduct. Defendants in criminal prosecutions have several defenses available, including failure of proof, where the prosecution cannot prove all elements of the offense, and mistakes made under certain circumstances.
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