Stand Your Ground Laws: A Policy of Fear (Post 2)

One of the most increasingly prevalent critiques of the Stand Your Ground law, and others like it, is that it is legislation rooted not so much in protection but in fear. That law states that one may act in lethal self defense when under the “presumption of fear of death or great bodily harm” (Justifiable Use of Force). However, the perception of this “reasonable fear” is subjective, and it is within this subjectivity that issues arise. These issues of the subjectivity of reasonable fear have arisen in particularly within cases of gender and race. On the matter of race, critics explain that within a system that “harbors subtle but undeniable biases toward certain demographics” (O'Mara), Stand Your Ground legislation exploits fears that are, at their core, morally unreasonable. Critics say that, because these laws are so rooted in fear more than the common good, people are more capable of justifying death and the defense of lethal action.

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The case of Trayvon Martin stands as one example, but there are many more like it. Recently, 17 year old black teenager Jordan Davis was killed by Michael Dunn at a gas station over a matter of loud music. Dunn described the “thug music” and teenage “gangsters” as “menacing.” When they refused to turn down their music, Dunn shot and killed Davis. According to Dunn, Davis raised a shotgun, but no witnesses claimed to see a weapon. Dunn then proceeded to fire more rounds into the retreating car (Wallis). 

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This sort of incident, as well as the Trayvon case, illustrate the subjectivity of fear. This sort of subjectivity can be exploited as a means of exhibiting individual racial biases through systematically biased processes. Dunn’s descriptions of “thugs,” “gangsters,” and “menacing” black teenagers lends a sense of racial bias. Unlike Zimmerman, Dunn was found guilty but the Stand Your Ground legislation provided him with a means to justify his actions and the potential means for others to do the same. 

A recent panel of experts spoke to the U.S. Civil Rights Commision claiming that Stand Your Ground statutes “benefit whites more than blacks, are unnecessary and cause minority men to live in fear” (Schneider). People are more able to justify racial violence as long as they can provide evidence of “reasonable” fear. In a system where disproportionate targeting and sentencing practices put disproportionate percentages of non-whites in prison (Quigley), it is not unjustified for minorities to assume this has become another case of institutional racism.

An ad campaign by Dream Defenders, an organization that works in the interest of black communities, has emphasized this growing emphasis of fear. Their campaign features an image of a black child in a bulletproof vest, displayed similarly to a clothing ad. When the number on the billboard is called, a message reads: “If you don’t want to live in a world where you have to send your child out in a bulletproof vest, get out and vote on November 4th.” 

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This campaign encourages people to vote for in the next election for a candidate who would amend or repeal the Stand Your Ground Legislation (Gayomali). This ad echos political cartoons and sentiments created after the death of Trayvon. 

 

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In both cases, the concept of fear is central. Of course, like most case of institutionalized disparity, this was not necessarily the intent of the Stand Your Ground legislation. However, it has become a prevailing factor that leaves critics to question the role of fear in the creation of legislation.



Bibliography:

Schneider, Mike. "US commission hears experts on 'stand your ground.'" New Pittsburgh Courier. 19 October, 2014. http://newpittsburghcourieronline.com/2014/10/19/us-commission-hears-experts-on-stand-your-ground/

Wallis, Jim. "Stand Your Ground Has No Moral Ground." Huffington Post. 19 February, 2014. http://www.huffingtonpost.com/jim-wallis/stand-your-ground-has-no_b_4815864.html

Gayomali, Chris. "This Ad Campaign is a brilliant, Sobering Critique of Florida's "Stand Your Ground" Laws." Fast Company. 21 October, 2014. http://www.fastcompany.com/3037400/this-ad-campaign-is-a-brilliant-sobering-critique-of-floridas-stand-your-ground-laws

Quigley, Bill."Fourteen Examples of Racism in Criminal Justice System." Huffington Post. 25 May 2011. http://www.huffingtonpost.com/bill-quigley/fourteen-examples-of-raci_b_658947.html

O'Mara, Mark. "Its not about 'stand our ground,' it's about race." CNN. 29 February, 2014. http://www.cnn.com/2014/02/19/opinion/omara-stand-your-ground-and-race/

Justifiable Use of Force, §§ 776-2005-27-2014-195 (2005). Print.