"Stand your ground" laws : Simply a justification for violence
The "Stand your ground" law can always be justified to what the judge wants to hear and in most cases it can be worked around to avoid persecution. This is structural racism at its finest: a modern-day lynch law. It is not an easy defense to assert, and it certainly does not mean that whenever you're afraid, you can shoot first and ask questions later. Every day, criminals declare unconvincing self-defense claims that get rejected by judges and juries regardless of whether the given state has a stand your ground law. These laws are not a license to be a vigilante, commit murder, or otherwise behave recklessly or negligently with firearms and other deadly weapons. However they do protect law-abiding citizens from having to leave a place where they're allowed to be simply because criminals show up and pose a threat to them. In other words, in most states, victims (Or possible victims) of a violent crime do not have to try to run away before defending themselves. That is why the core of the debate over this law is really about the duty to retreat. A prime example of the SYG law is in the state of Florida, Zimmerman claimed self defense after pursuing Trayvon Martin. He fatally shot the seventeen year old, and of course was promptly protected under this law. In trial, Zimmerman would claim a defense of self despite aggressively following and tackling Martin, under the law he did have the right to do so. The jury could not charge him, and Zimmerman walked free. One Juror stated that Zimmerman had "gotten away with murder" precisely because of how the law itself was written and established. On CNN I read an interview with an Idaho Statesman, and he believes that justifiable homicide rates have accounted for a national increase of an estimated 600 homicides per year since. Trayvon Martin's being just one, and the kicked off the start to many more. The arming and acquitting of racists is nothing new in our country, but the Stand Your Ground law is in my opinion a open invitation for racist violence. A specific example is the HB444, a SYG legislation in Idaho, simultaneously makes it almost impossible to bring cases to trial while extending the legal justification for the use of deadly force. The language of SB1313 is information regarding what degree and what extent of force may be used to carry out actions of self defense, it is more vague according to the HB444 stating, "No person in this state shall be placed in legal jeopardy of any kind whatsoever," while the "Burden is on the prosecution" if such a case goes to trial. Florida needs to put certain restrictions on their law, and fix the wording of it in order to stop these cases from piling up and continuing the injustice.
Very informative and good blog post. I like how you included some of the case numbers and examples of where the stand your ground law was not fully effective. I also agree that people like zimmerman and others have gotten away with murder and these laws are modern day lynch laws. The stand your ground rules never seem to work the other way with a black man killing a white guy which makes it seem like race has something to do with all these killings of unarmed black men.
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ReplyDeleteI agree with you that the Stand Your Ground laws are an excuse for racist violence. In some cases these laws are useful because sometimes people are in need of self defence, but more often than not, they give criminals a gateway to get away with murder. For example, in the Michael Dunn case, he was clearly acting in a racist manner and had no need to exercise these laws. I therefore believe that these laws provide real criminals with the opportunity to get away with murder, and this can thus create a significant problem in the American justice system as it allows them to walk free, while someone else's family has to suffer the loss of a loved one.
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