To explore this concept, consider the following Stand Your Ground Law definition. Mike DeWine signs 'stand your ground' legislation into law", "Wyoming Supreme Court suggests new 'stand your ground' law could have broad implications", "Virginia Concealed Carry Permit Information", "Florida 'Stand Your Ground' law could complicate Trayvon Martin teen shooting case", "Deaths Nearly Triple Since 'Stand Your Ground' Enacted", "Florida Expands Right to Use Deadly Force in Self-Defense", "NRA's Behind-the-Scenes Campaign Encouraged 'Stand Your Ground' Adoption", Florida Center for Investigative Reporting, "Can Women Stand Their Ground? On Monday, Ohio Gov. Others have argued that the law may lead to an increase in crime. A law that allows a citizen to defend himself by any means necessary when his life is threatened, regardless of whether he could have safely left the situation. by Jack Kenny "[24] The defendant, George Zimmerman, claimed he was restrained at the time of the shooting, thus allowing no option for retreat and making 'stand your ground' irrelevant to the case. Whether in your home or on the street, if you fought back, you might be prosecuted as a criminal. These laws protect those who choose to defend themselves and their property, even when there is a legitimate opportunity for a safe escape. In a July 16, 2013 speech in the wake of the jury verdict acquitting George Zimmerman of charges stemming from the shooting death of Trayvon Martin, Attorney General Eric Holder criticized stand-your-ground laws as "senselessly expand[ing] the concept of self-defense and sow[ing] dangerous conflict in our neighborhoods. [56] However, there must not be an extreme imbalance ("extremes Missverhältnis") between the defended right and the chosen method of defense. [18] In Florida, self-defense claims tripled in the years following enactment. This defense is possible when people encounter an immediate threat against their life. Are Stand Your Ground Laws Racist and Sexist? Canada's laws regarding self-defence are similar in nature to those of England, as they centre around the acts committed, and whether or not those acts are considered reasonable in the circumstances. German law permits self-defense against an unlawful attack. The effects of Stand Your Ground Laws are spotty at best, and researchers are still studying them. Noun. Under such a law, people have no duty to retreatbefore using deadly force in self-defense, so long as they are in a place where they are lawfully present. (adsbygoogle = window.adsbygoogle || []).push({}); Examples of Stand Your Ground Law and Racial Disparity, Stand Your Ground Law Example — Trayvon Martin. It noted that, "[c]ircumstances unique to Florida may have contributed to our findings, including those that we could not identify," and "[o]ur study examined the effect of the Florida law on homicide and homicide by firearm, not on crime and public safety". Wisconsin does not have a stand your ground law. In all the duty to retreat states, the duty to retreat does not apply when the defender is in the defender's home (except, in some jurisdictions, when the defender is defending against a fellow occupant of that home). Stand Your Ground Laws are often expansions of the Castle Laws. [29][31] Victims of African American attackers overall were more successful at using the law than victims of Caucasian attackers, regardless of the victim's race claiming self-defense, but analysis showed that black attackers were also more likely to be armed and to be involved in committing a crime, such as burglary, when shot. Before passage of the law, Miami police chief John F. Timoney called the law unnecessary and dangerous in that "[w]hether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be used. The meaning of Stand Your Ground Law is rooted in home … A 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use of force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes.[2]. Learn more. When Zimmerman caught up to Martin, they engaged in a violent encounter which resulted in Zimmerman fatally shooting Martin 70 yards from the door of the house Martin was staying at. In those states, an individual can generally use deadly force without a duty to retreat. A law which places no obligation on a potential victim of crime to retreat and call police. In the home, the householder is protected by an additional piece of legislation in which is specified that force used against an intruder is not to be regarded as reasonable if it is 'grossly disproportionate' (as distinct from merely 'disproportionate' force, which can still be reasonable). In April of 2012, police arrested Zimmerman again and charged him with second-degree murder. [34] The paper's author noted that the data used do not detail the circumstances of the shooting, which could be a source of the disparity. Black attackers were more likely to be carrying a weapon and committing a crime when shot. The sections of the Canadian criminal code that deal with self-defence or defence of property are sections 34 and 35,[50] respectively. On the night of the shooting, Zimmerman noticed Martin as Martin returned from a nearby convenience store, on foot, to the Twin Lakes housing community. relating to or denoting a legal principle or law that eliminates the duty to retreat by allowing, as a first response, self-defense by deadly force: We’re proud to represent Florida, the first stand your ground state. For this reason, another name for it is the “Castle Doctrine,” because the law allows people to do whatever they feel is necessary to protect themselves and their home, or “castle.” This includes the use of deadly force. 36 states are stand-your-ground states, 28 by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, The remaining 8 of the 36 stand-your-ground states. These sections were updated in 2012 to clarify the code, and to help legal professionals apply the law in accordance with the values Canadians hold to be acceptable. "[3] In 2019, RAND authors published an update, writing "Since publication of RAND's report, at least four additional studies meeting RAND's standards of rigor have reinforced the finding that "stand your ground" laws increase homicides. “Stand your ground.” The Jefferson Parish Sheriff talked about the law Monday after charging Ronald Gasser in the death of former NFL star Joe McKnight. The alternative to stand your ground is "duty to retreat". ", Stand Your Ground: A History of America's Love Affair with Lethal Self-Defense. Whether a jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. Interestingly, what the Times discovered was that no racial disparity existed in the state of Florida. In some states the law imposes a duty to retreat from physical confrontations. Or do they require you to slowly back away? [27] In 2018, the shooting of Markeis McGlockton led some civil rights activists and politicians to call for abolition of the statute. In the years following the case, police responded to several calls involving Zimmerman, including one in November of 2013, when his girlfriend claimed he pointed a shotgun at her. No rigorous study has yet determined whether "stand your ground" laws promote legitimate acts of self-defense. The other team's offense was incredibly aggressive, but our defense stood their ground. In English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force, but one who chooses not to retreat, when retreat would be a safe and easy option, might find it harder to justify his use of force as 'reasonable'. All American states allow it against deadly force, great bodily injury, and likely kidnapping or rape; some also allow it against threat of robbery and burglary. stand your ground definition: 1. to refuse to be pushed backwards, or to continue in your beliefs in an argument: 2. to refuse…. [29][30][31], A Texas A&M study found that when whites use the stand-your-ground defense against black attackers they are more successful than when blacks use the defense against white attackers. [53], Any force used must be reasonable in the circumstances as the person honestly perceived them to be, after making allowance for the fact that some degree of excess force might still be reasonable in the heat of the moment.[54]. In states that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. The common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defence of using reasonable force in self-defence. [25], In 2014, Florida's legislature considered a bill that would allow people to show a gun or fire a warning shot during a confrontation without drawing a lengthy prison sentence. In 2012, in response to the Martin case, the Tampa Bay Times created a report detailing cases involving Stand Your Ground Laws. Studies conducted by Lott’s Crime Prevention Research Center found that the loosening of restrictions on defensive gun use, including “stand your ground laws”, led to a decrease in crime overall. Different jurisdictions allow deadly force against different crimes. A Statistical Analysis of Cases in Florida, 2005-2013., Short description is different from Wikidata, Articles with unsourced statements from November 2020, Creative Commons Attribution-ShareAlike License. A “stand your ground” defense can be used in criminal cases in situations where a person is legally allowed to use force (including deadly force) to defense themselves. The victim has no obligation to retreat, as said in a statement by the Supreme Court of Poland on February 4, 1972: "The assaulted person is under no obligation either to escape or hide from the assailant in a locked room, nor to endure the assault restricting his freedom, but has the right to repel the assault with all available means that are necessary to force the assailant to refrain from continuing his assault."[60]. [35] A 2015 study found that cases with white victims are two times more likely to result in convictions under these laws than cases with black victims. What is Stand Your Ground Law? Stand your ground laws are essentially a revocation of the duty to retreat. This page was last edited on 12 January 2021, at 09:56. To brace oneself and maintain one's position during or when anticipating an attack. Zimmerman’s father said his son’s actions could not be racially motivated, as Zimmerman himself was Hispanic, grew up in a multiracial family, and, as such, would be the last person to discriminate against anyone. Two things the Times did discover were: Per the Urban Institute, juries deciding white-on-black homicides in Stand Your Ground states are over 350% more likely to side with the defense than in cases of white-on-black homicides. Depends On the Target", "Trayvon Martin case: Florida task force told 'stand your ground' law confusing", "Remarks as Prepared for Delivery by Attorney General Eric Holder at the NAACP Annual Convention", "Zimmerman's Prosecutors Did Not Think They Were Trying a 'Stand Your Ground' Case - Hit & Run", "Dare Defend: Standing for Stand Your Ground", Fatal shooting reignites 'Stand Your Ground' law debate in Florida, "Florida 'stand your ground' law yields some shocking outcomes depending on how law is applied", "Race plays complex role in Florida's 'stand your ground' law", "Racial bias and 'stand your ground' laws: what the data show", "Race, Justifiable Homicide, and Stand Your Ground Laws: Analysis of FBI Supplementary Homicide Report Data", "5 Disturbing Facts About The State Of Stand Your Ground", "Is There Racial Bias in "Stand Your Ground" Laws? 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. Every appellate court addressing this […] ... to a law that allows one to use force that would otherwise be illegal against a person that they perceive as posing an … Mike DeWine signed into law a controversial "stand your ground" measure that the Republican-dominated legislature approved last month.. Martin did not have a weapon on him, yet Zimmerman, who suffered minor injuries to his face and head, claimed to have shot him “in self-defense.” The police arrested Zimmerman. Of all fifty states, only two – Vermont and Washington, D.C. – require citizens to exit the situation, rather than attempt to defend themselves – even if they are in their own homes. They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25. Self-defence (Australia) Semayne's case, 1604 case establishing the "knock-and-announce" rule in English common law, and where the "castle doctrine" phrasing comes from; Squatting in the United States; Trespasser; History. Self Defense and “Stand Your Ground” 5/26/2020 The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. Zimmerman called the police, suspicious of Martin, who he said he believed to be “up to no good.” Zimmerman told the dispatcher Martin started to run, and he then followed him, despite the dispatcher telling Zimmerman that wasn’t necessary. There is no explicit stand-your-ground or castle doctrine provision in the laws of the Czech Republic; however, there is also no duty to retreat from an attack. [44], In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. This duty was a terrible law. The criminal trial began on June 10, 2013, and a little over a month later, the jury found Zimmerman not guilty. The potential victim is instead allowed to respond to force with force even if flight is a possibility. This type of self-defense is allowed when a person encounters an immediate threat or perceived threat against their life. Claim club; Related sayings. [22], In Florida, a partisan task force created by former Democratic state Sen. Chris Smith of Fort Lauderdale found the law to be "confusing". 3,13 The law increased the scope of self-defense claims by creating a “no duty to retreat” rule when individuals “reasonably believed” that force was necessary to prevent harm to themselves or others. Stand Your Ground Law. Stand Your Ground Definition. [48] Violent crime data for 1995 – 2015 has been published by the Florida Department of Law Enforcement.[49]. [57] In particular, in case firearms are used, a warning shot must be given when defending a solely material asset. The force used is only such as is reasonable in the circumstances as he or she believes them to be—. A right to self-defence, the … This law does not apply to force used against a member of An Garda Siochána or anyone assisting them, or a person lawfully performing a function authorised by or under any enactment. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes. These states are mostly in the Western U.S. and include California, Colorado, Nevada, and Oregon, to name a few. They address the use of force outside of one's home, place of work, or vehicle. This is known as the ". Star Athletica, L.L.C. Even duty-to-retreat states generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some states) in their vehicles or workplaces. Midwest Stand Your Ground states include Missouri, Indiana, and Kansas. "Stand your ground" redirects here. Under the terms of the Defence and the Dwelling Act, property owners or residents are entitled to defend themselves with force, up to and including lethal force. [37] A 2013 study in the Journal of Human Resources found that Stand Your Ground laws in states across the U.S. "do not deter burglary, robbery, or aggravated assault. Definitions by the largest Idiom Dictionary. Jacobs recommended the law's repeal, stating that modifying the law would not fix its problems. [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange Council. Therefore, the law allows him to use lethal force against a person if he feels that person is an imminent threat to his safety. Many believed that Zimmerman’s actions betrayed racial motivations. This included criminals using the law as a defense for their crimes, more people carrying guns, and that people would not feel safe if they felt that anyone could use deadly force in a conflict. The study estimated that at least 30 people died per month due to the laws. [39] A 2016 study in the Journal of the American Medical Association compared homicide rates in Florida following the passage of its "stand your ground" self-defense law to the rates in four control states, New Jersey, New York, Ohio and Virginia, which have no similar laws. Any individual who uses force against a trespasser is not guilty of an offense if he or she honestly believes they were there to commit a criminal act and a threat to life. [46] A 2015 study found that the adoption of Oklahoma's stand-your-ground law was associated with a decrease in residential burglaries, but also that the law had "the unintended consequence of increasing the number of non-residential burglaries. The meaning of Stand Your Ground Law is rooted in home defense. In 2005, police arrested him for shoving an undercover officer, and his fiancée got a restraining order against him, claiming domestic violence. No one, from Zimmerman’s neighbors to his co-workers, had a bad thing to say about him. This bit … Stand Your Ground has been proposed in Maryland as a way to protect victims. 1600s English Law. The law was introduced in response to DPP v. Padraig Nally. There is no duty to retreat when this occurs in the person's place of business, home, or vehicle. What is Stand Your Ground? This provision acts as a safeguard against grossly disproportionate use of force, while still allowing a person to use force in nearly all circumstances. 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