Stand Your Ground Legislation

The enactment of the “Stand Your Ground” law in Florida in 2005 changed the manner in which people handled confrontations, and altered the legality of violent acts in the name of self-defense. Prior to its enactment, it was considered a citizen’s duty to retreat when confronted with deadly force. The Stand Your Ground act removed this necessity and allowed people to respond in self-defense when threatened (Chuck, 2013). 

There are five parts to Florida’s Stand Your Ground act. In summary, these parts state that a person is automatically presumed to have a “reasonable fear of imminent peril” when confronted with force, that they have no duty to retreat, and that a person entering onto grounds or property illegally is presumed to be doing so with the intent to “commit an unlawful act involving force or violence” (Justifiable Use of Force). This law was brought into action October 1^st, 2005 under the administration of Governor Jeb Bush and is infamously supported by the National Rifle Association. Furthermore, since its enactment over 200 cases in Florida have ended with dismissed charges when defendants invoked their Stand Your Ground rights (Chuck, 2013).

The Stand Your Ground law first drew major public attention in the case of Trayvon Martin in 2012. Unarmed, seventeen year old Martin was shot and killed by neighborhood watch volunteer George Zimmerman, who was later acquitted.

Zimmerman (source)

Martin (source)

On February 26, Zimmerman had reported Martin – a black youth reported to be wearing a hoodie on the night in question – as a  “suspicious person” in the neighborhood, and soon after shot and killed him. Zimmerman claimed he had acted in self-defense after Martin attacked him, but the evidence collected in the following investigation was considered by many to be damning. For much of the public, this evidence pointed toward both guilt and underlying racism and racial profiling on Zimmerman’s part. However, after a lengthy trial, he was found not guilty. (CNN)

One of many editorial cartoons in response to the Martin shooting and Zimmerman trial.

(source)

The case of Trayvon Martin sparked discussions on matters of racial profiling and racial disparities in the justice system. Investigations began to show that the Stand Your Ground laws across the country did little to deter violence and homicides, and were rife with racial controversy. One study by Texas A&M University showed that murder and non-negligent manslaughter rates had actually increased by 8 percent in states with laws similar to Stand Your Ground (Cheng). 

Justified homicides in Florida between 2000 and 2010

(source - originally Tampa Bay Times & the Florida Dept. of Justice)

Another study by John Roman at the Urban Institutes Justice Policy Center found that the death of a black person at the hands of a white person is more likely to be considered legally justified – i.e in self-defense – than the death of a white person at the hands of black person (Childress). Roman also found that whites who killed blacks in states with Stand Your Ground laws were more likely to be found legally justified. Furthermore, a white person is 354 percent more likely to be found justified in killing a black person in these states, compared to states without such legislation wherein whites are 250 percent more likely to be found justified in killing a black person (Childress).

(source)

When this sort of data is considered in the context of other Stand Your Ground cases, it draws an interesting picture. For example, Michael Giles, a black airman recently returned form six years overseas, was found guilty for shooting somebody in the thigh in what he claimed to be self defense (article). Marissa Alexander, a black mother of three, was sentenced to 20 years in prison after firing a warning shot to scare her abusive husband (article). In comparison stood George Zimmerman, who admitted to killing an unarmed teenager.  Even if it had been in self-defense, these facts sparked controversy over race, racial profiling, and racial disparities in the justice system in Florida and the United States overall.

Giles (source)

Alexander (source)

States with Stand Your Ground legislation as of 2013:

(source)

Bibliography:

Cheng, Cheng, and Mark Hoekstra. "Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Expansions to Castle Doctrine." Journal of Human Resources (n.d.): n. pag. Texas A&M University, 2012. Web. 25 Sept. 2014.

Childress, Sarah. "Is There Racial Bias in “Stand Your Ground” Laws?" PBS. Frontline, 31 July 2012. Web. 24 Sept. 2014.

Chuck, Elizabeth. "Florida Had First Stand Your Ground Law, Other States Followed in 'rapid Succession'" NBC News. N.p., 13 July 2013. Web. 23 Sept. 2014.

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

Schilling, Dave. "Florida's Gun Laws Are Putting People in Prison for Standing Their Ground | VICE  Canada." VICE. N.p., 11 Nov. 2013. Web. 25 Sept. 2014.

"Trayvon Martin Shooting Fast Facts." CNN. Cable News Network, 22 Feb. 2014. Web. 23 Sept. 2014.