“Stand Your Ground” Laws: What They Are, Why They’re Controversial
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The story
After Florida prosecutors recently declined to file charges in a fatal shooting, “stand your ground” laws are once again the focus of discussion and debate.
Definition
Stand-your-ground laws are predicated on the duty to retreat, which says that “a person who is under an imminent threat of personal harm must retreat from the threat as much as possible before responding with force in self-defense.”
“Stand your ground laws are essentially a revocation of the duty to retreat. Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat from the danger… In many states with stand your ground laws, a claim of self-defense under a stand your ground law offers immunity from prosecution rather than an affirmative defense.”
This means a stand-your-ground claim can allow a person to avoid trial altogether.
States vary as to whether the duty to retreat still holds in the case of lethal force. Currently, 25 states have passed stand-your-ground laws.
Controversy
Proponents of stand your ground say that the laws allow people to protect themselves without worrying about whether they have retreated sufficiently before using force. Essentially, supporters say that the laws give people the right to protect themselves.
Stand your ground laws are often criticized as encouraging violence. Critics claim that the laws lead to a "shoot first, ask questions later" attitude that results in more injuries and deaths than would occur without the law.
Critics also say the application of stand your ground laws reflects racial bias. A 2015 study examined racial bias in the application of Florida’s stand-your-ground laws, and found that conviction was more likely in cases of white victims versus non-white victims. They determined that stand-your-ground legislation in Florida has a quantifiable racial bias.
The Christian Science Monitor reports that racial bias manifests in self-defense cases in general, with white defendants seeing greater success in claiming self-defense than non-white defendants. The article also points out that this bias appears starker in states with stand-your-ground laws:
“In states with stand-your-ground laws, the shooting of a black person by a white person is found justifiable 17 percent of the time, while the shooting of a white person by a black person is deemed justifiable just over 1 percent of the time, according to the study. In states without stand-your-ground laws, white-on-black shootings are found justified just over 9 percent of the time.”
Flashpoint cases
Florida's law, in particular, has drawn attention over the years, especially in the shooting death of 17-year-old Trayvon Martin in Sanford, Florida. Martin was black, while his acquitted shooter, George Zimmerman, is white with Hispanic heritage.
Some observers assert that Zimmerman's defense was not based on the absence of a duty to retreat for people attacked in public places. Rather, it was a classic self-defense claim that could have been successful in any state.
In the most recent case, Pinellas County Sheriff Bob Gualtieri chose not to arrest Michael Drejka earlier this month after the 47-year-old shot and killed an unarmed man during a dispute over a parking space. In explaining his decision not to make an arrest, Gualtieri explained that Florida’s stand-your-ground law empowered Drejka to shoot Markeis McGlockton in self-defense after McGlockton shoved him to the ground.
Supporters of stand-your-ground laws have condemned Gualtieri’s decision. National Rifle Association lobbyist Marion Hammer, who was pivotal in advancing the relevant legislation, points out that law enforcement remains free to determine that the use of deadly force was unjustified in a given case. Hammer told Politico:
“Nothing in either the 2005 law or the 2017 law prohibits a Sheriff from making an arrest in a case where a person claims self-defense if there is probable cause that the use of force was unlawful.”
What do you think?
Do you support stand-your-ground laws? Why or why not? Hit Take Action to tell your reps, then share your thoughts below.
—Sara E. Murphy
(Photo credit: iStock.com / Prathaan)
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