The american bar association completed a 12month study on the effectiveness of stand your ground laws in 2014. Everything you need to know about stand your ground laws. Spitzer oxford university press, 2015 librarians tip. Right now, 27 states have codified stand your ground laws, with another half dozen states following such laws in practice. Janice johnson suffers through every mothers nightmare when she finds out that her 16yearold son, marquis, was murdered in the parking lot of a convenience store. Discover librarianselected research resources on stand your ground laws from the questia online library, including fulltext online books, academic journals. List of books and articles about stand your ground laws online. Stand your ground and castle doctrine laws bill of. Much confusion around both standyourground and castle doctrine law of self defense, 2nd edition. A history of americas love affair with lethal selfdefense, harvard s caroline e. Discover librarianselected research resources on stand your ground laws from the questia online library, including fulltext online books, academic journals, magazines, newspapers and more. They are, he wrote in a washington post piece, the result of.
A stand your ground law states that a person may use deadly force in selfdefense without the duty to retreat when faced with a reasonable perceived threat. Jun 27, 2014 this is because stand your ground simply means that, if you reasonably believe that you face imminent death, serious bodily injury, rape, kidnapping, or in most states robbery, you can use. Light deftly analyzes how this lopsided treatment has survived, in our legal system and also in the. Mar 14, 2019 stand your ground laws are controversial, but they can make it easier for people to defend themselves when they face threats. Stand your ground laws survive debate one year after. Selected fulltext books and articles guns across america. How stand your ground relates to george zimmerman the atlantic. Martin and jordan davis were two of 26 children and teens killed in florida stand your ground cases, according to a tampa bay times breakdown by age and race. They were part of the same reform, and have always been understood to be. T he idea of the right to defend oneself may seem universal, but in her new book stand your ground.
They are, he wrote in a washington post piece, the result of political pressures. This is because stand your ground simply means that, if you reasonably believe that you face imminent death, serious bodily injury, rape, kidnapping, or in most states robbery, you can use. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix people at sandy hook elementary school in newtown, connecticut, in december 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Jul 12, 20 the authors of floridas controversial stand your ground selfdefense law say george zimmerman should probably be arrested for shooting trayvon martin, reports the miami herald. But unlike the nra, martins family does not have access to an organization like alec to influence legislators and promote policy proposals across the country. A new book traces the legal history of selfdefense in americaand shows how laws for selfprotection have been generally reserved for. Some states have selfdefense laws that are similar to stand your ground but with one key difference. May 10, 2015 in the first chapter, she explains, the underlying assumption of this book is that the seeds for stand your ground law were planted ell before the founding of america. Due to the television exposure of the zimmerman case and a few other highprofile cases, many throughout the united states refer to laws like south carolinas. These seeds produced a myth of racial superiority that both determined americas founding and defined its identity. Aug 03, 2018 weve seen how stand your ground leads to an increase in bloodshed against black and brown communities, writes david love. In states without such laws, you might have a duty to retreat, which would mean that selfdefense would not be justified if you were able to leave the place where you were being threatened.
The stand your ground law is most widely associated with the feb. Stand your ground and castle doctrine laws bill of rights institute. Stand your ground laws protect the innocent debate club. These laws, on the books in nearly half our states, affirm the right of selfdefense. It is a good time to look closely at what these laws do and what we know, so far. Light, author of a new book about the history of lethal selfdefense in the u. The stand your ground laws roots run deep throughout american history, but most recently it has been brought to light as a result of the infamous trayvon martin and george zimmerman case. A history of americas love affair with lethal selfdefense. Under the law, a person is allowed to use lethal force and has no duty to retreat if they believe they are in danger. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix people at sandy hook.
The law was unsuccessfully invoked in the shooting of a child as young as 9 years old. Apr 24, 2012 the nra and stand your ground laws columnist e. Stand your ground and castle doctrine laws bill of rights. May 28, 2018 harvard professor caroline light was recently in miami to talk about the laws historical roots and her book stand your ground. But those who avail themselves of the laws most expansive protection may be granted immunity by a judge before trial even begins, or may not even be charged at all. Supreme court on june 26, 2008 that ended a ban on owning handguns in.
List of books and articles about stand your ground laws. They were part of the same reform, and have always been understood to. In wisconsin, however, only the castle doctrine is specifically codified in statute. On anniversary of trayvon martins death, alecbacked.
I love that vcm painted an evocative picture enhanced with deepseeded emotions, realistic controversial dialogue and the underlying tension that this act of violence triggered. Jan 28, 2014 much confusion around both standyourground and castle doctrine law of self defense, 2nd edition. It was an education for me i personally avoid stories on racism and hate crimes. Jul 27, 2018 statutes in at least six states hawaii, missouri, nebraska, new jersey, north dakota and tennessee assert that civil remedies are unaffected by criminal provisions of selfdefense law. One of those laws includes a controversial piece of legislation changing floridas stand your ground law. Dionne sees an urgent need to repeal stand your ground laws. The family is now advocating for states that have nraalec stand your ground laws on the books to make such a change. Under the law, a person is allowed to use lethal force and has no duty to. A history of americas stand your ground gun laws, from reconstruction to trayvon.
Why stand your ground laws are dangerous scholars strategy. Theres more information on this topic, and others, at findlaw s section on criminal law basics. Stand your ground laws are suddenly in the spotlight, as americans debate whether they counter violence or put more people in danger of death or injury by gunfire. Standyourground law, which applies the castle doctrine to any place. Floridas stand your ground law is a good, commonsense solution to the competing issues that exist in this area of the law. The stand your ground law has now been infused into the selfdefense jurisprudence in florida and elsewhere, and comes into play in countless trials. A stand your ground law sometimes called line in the sand or no duty to retreat law establishes a right by which a person may defend ones self or others right of selfdefense against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Murray captured the emotions of all involved, from the parents of the victim, the wife of killer and the state law upholding stand your ground that protects the killer.
Civil rights and public safety implications of the expanded use of deadly force subcommittee on constitution, civil rights and human rights committee on the judiciary united states senate on. Some have speculated that george zimmerman, charged with second degree murder in the shooting death of martin, may cite floridas standyourground law in his defense. Stand your ground law the protection of persons and property act now, the law in south carolina is a statute called the protection of persons and property act. States that have passed stand your ground laws include. The surprising history behind americas stand your ground laws gun rights activists celebrate the news from the u. Many people do not know what the laws actually entail or protect, and often times complete knowledge of stand your ground laws is not possessed by the jury either. Stand your ground law, which applies the castle doctrine to any place. How stand your ground relates to george zimmerman the. On anniversary of trayvon martins death, alecbacked stand. Durell peaden rcrestview youre entitled to protect your castle, said durell peaden, who sponsored the original stand your ground bill in the florida senate in 2005. Stand your ground is a very delicate topic as the realism resounds so extraordinarily loudly that trying to find the fiction in this read is indeed a job in itself.
Stand your ground laws may also require that the person using selfdefense be at the location lawfully no trespassing, for example and not be the initial aggressor in the altercation. This book is a look into the life of a family that was torn apart because of these laws and the people who are privileged to use these laws in the name of self defensecalled stand your ground. Jun, 2012 the stand your ground law is most widely associated with the feb. A tampa bay times analysis of 200 stand your ground cases in floridathe law was adopted there in 2005found that the law has been inconsistently applied, with one man escaping homicide prosecution even though he left an altercation to get his gun from his car, returned and then shot the attacker. The castle doctrine and stand your ground defenses are subsets of the broader heading of selfdefense. Usa this is a great question because there is so much confusion around both. The tragic situation in florida, and others like it around the country, have caused many people to question the wisdom of these laws and even to demand their repeal. Home browse criminal justice criminal law stand your ground laws. Stand your ground laws protect the innocent debate. A history of america s stand your ground gun laws, from reconstru. The shooting death of trayvon martin in florida in 2012 brought a lot of attention to socalled stand your ground selfdefense laws, which allow armed individuals who believe they are in imminent danger to use deadly force.
Florida man convicted of manslaughter in dispute over. What stand your ground really means pacific standard. What stand your ground laws actually mean the washington post. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix. Aug 23, 2019 an earlier version of this story incorrectly said michael drejkas lawyers invoked the florida stand your ground law.
Stand your ground laws are controversial, but they can make it easier for people to defend themselves when they face threats. In the first chapter, she explains, the underlying assumption of this book is that the seeds for stand your ground law were planted ell before the founding of america. Selfdefence australia semaynes case, 1604 case establishing the knockandannounce rule in english common law, and where the castle doctrine phrasing comes from. Stand your ground by victoria christopher murray, paperback. Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat.
Florida stand your ground law use of deadly force in. Youre going to get yourself shot if you go outside that. They used a decades worth of data to look at the impact of the law from a criminal standpoint. Weve seen how stand your ground leads to an increase in bloodshed against black and brown communities, writes david love. When florida adopted a stand your ground law in 2005, it not only protected lawabiding citizens right to selfdefense, but also birthed a movement that began sweeping the country state by state. Stand your ground is the story of three women who find themselves thrown together because of the most horrible of situations. In fact, they maintained he acted in selfdefense but did not use the law as. Recent bills to amend or repeal certain aspects of stand your ground and no duty to retreat selfdefense laws have not advanced. In a few years, you will be back trying to fix this bill, said rep. In florida alone, 26 children and teens were killed in stand your ground cases. Florida stand your ground law use of deadly force in self. Mar 28, 2012 a stand your ground law states that a person may use deadly force in selfdefense without the duty to retreat when faced with a reasonable perceived threat.
Harvard professors book explores history of stand your ground. Stand your ground benefits the vulnerable in society. Stand your ground laws encourage racially charged violence. The stand your ground laws are vague and poorly understood. There is no deterrent on serious crimes with stand your ground laws. This policy is commonly referred to as a stand your ground law. Murray as always has written a book in her exceptional storyline format that captures todays headlines and that keep the readers informed. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix people at. Stand your ground and castle doctrine laws elesson media coverage of the trayvon martin case has brought standyourground laws to the attention of many throughout the country. The negative aspects of stand your ground laws surround the understanding and application of such laws. This language was added to floridas law books in 2005, exactly at the time that florida put codified stand your ground. Florida was the first state to enact a stand your ground law. Ken gottlieb dhollywood during a floor debate, according to the tampa bay times. Jul 16, 20 this language was added to floridas law books in 2005, exactly at the time that florida put codified stand your ground.
Many states have enacted socalled stand your ground laws that remove any duty to retreat before using force in selfdefense. Mar 28, 2012 yes, stand your ground laws are good and appropriate. Harvard professor caroline light was recently in miami to talk about the laws historical roots and her book stand your ground. How the nra and its allies helped spread a radical gun law. Jul 29, 2018 cases of selfdefense arent always simple especially in states with a stand your ground law. Apr 16, 2020 many states have enacted socalled stand your ground laws that remove any duty to retreat before using force in selfdefense. Cases of selfdefense arent always simple especially in states with a stand your ground law. Spitzer would have you believe stand your ground makes no sense, oped, may 4. Stand your ground law in south carolina criminal attorney. Yes, stand your ground laws are good and appropriate. Five stand your ground cases you should know about need. It was an education for me to learn the number of states that support the standyourground law.
The authors of floridas controversial stand your ground selfdefense law say george zimmerman should probably be arrested for shooting trayvon martin, reports the. For more, take a closer look at the money trail behind floridas stand your ground law, read about how the nra pushed for the right to pack heat anywhere, and explore our. Texas law also has a number of provisions about using force to stop various crimes in progress and even allows for the use of force during criminal. Stand your ground in a highly publicized move, the florida legislature enacted in 2005 what has been popularly known as the stand your ground law. Aug 01, 20 florida was the very first state to pass a stand your ground law, and the current national controversy erupted after teenager trayvon martin was shot dead by george zimmerman on the night of february 26, 2012, in sanford, a small city in central florida. Under the law, a person is allowed to use lethal force and has no duty to retreat. Five stand your ground cases you should know about. A florida sheriff recently used the law to justify not arresting. Harvard professors book explores history of stand your.
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