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. Whether in your home or on the street, if you fought back, you might be prosecuted as a criminal. In the same vein, however, researchers have not determined there to be any effects of Stand Your Ground Laws on other kinds of violent crimes in those states. The meaning of Stand Your Ground Law is rooted in home … For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. The criminal trial began on June 10, 2013, and a little over a month later, the jury found Zimmerman not guilty. 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]. Definition of stand ground in the Idioms Dictionary. http://www.theaudiopedia.com What is STAND-YOUR-GROUND LAW? Stand your ground laws provide for a defense in criminal cases where people have legal allowances to use force, including deadly actions, as a way to defend one’s safety. "[38] A 2016 study in the Social Science Journal found that stand-your-ground laws were not associated with lower crime rates. Martin was in town visiting his relatives. A “stand-your-ground” law is a justification used in a criminal case permitting a person under physical attack to respond in kind. “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. [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 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. Midwest Stand Your Ground states include Missouri, Indiana, and Kansas. The exact details vary by jurisdiction. [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. [32][33] According to the Urban Institute, in Stand Your Ground states, white-on-black homicides are 354 percent more likely to be ruled justified than white-on-white homicides, even though they are more common by over 72 percent. Stand-your-ground laws can… [2] In Canada, there is no duty to retreat under the law. Stand Your Ground Laws are often expansions of the Castle Laws. What does stand ground expression mean? That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. Stand your ground laws did not apply in that situation, and statements to the contrary are irresponsible and misinformed. [44], In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. See also Castle Doctrine and Public Service Homicide. stand (one's) ground 1. Stand Your Ground has been proposed in Maryland as a way to protect victims. A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes (right of self-defense). Different jurisdictions allow deadly force against different crimes. Authors of a social science paper using Critical Race Theory to study "Stand-Your-Ground" say they used "media" rather than "legal" definition of the law. "[47], Florida's stand-your-ground law went into effect on October 1, 2005. [4], Stand-your-ground laws are frequently labeled "shoot first" laws by opposition groups, including the Brady Campaign to Prevent Gun Violence. In April of 2012, police arrested Zimmerman again and charged him with second-degree murder. Definitions by the largest Idiom Dictionary. However, there is a further provision which requires that the reaction to the intruder is such that another reasonable person in the same circumstances would likely employ it. [23] Those discussing issues with the group included Buddy Jacobs, a lawyer representing the Florida Prosecuting Attorneys Association. As word of the case spread to the point of national coverage, thousands of protestors called for a full investigation into the case and for the police to arrest Zimmerman and hold him accountable for Martin’s death. Many believed that Zimmerman’s actions betrayed racial motivations. [32][33] In non-stand-your-ground states, the shooting of a black person by a white is found justified approximately 9 percent of the time, while the shooting of a white person by a black is found justified approximately 1 percent of the time. 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? 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 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). The force used is only such as is reasonable in the circumstances as he or she believes them to be—. 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". In Wisconsin and Guam, the duty to retreat also does not apply when the defender is in the defender's vehicle. For other uses, see, Journal of the American Medical Association, Gun laws in the Czech Republic § Self defense with firearms, "The Castle Doctrine and Stand-Your-Ground Law", 'Stand Your Ground' Laws May Be Causing More Harm Than Good, "For Black Iowans, Concerns and Questions Remain After 'Stand Your Ground' Law Takes Effect", "Gun rights groups happy as Gov. ", "Race, law, and health: Examination of 'Stand Your Ground' and defendant convictions in Florida", "Evaluating the Impact of Florida's "Stand Your Ground" Self-defense Law on Homicide and Suicide by Firearm", "A study by the Journal of the American Medical Association suggests stand-your-ground laws result in more fatal shootings", "Misleading Journal of the American Medical Association research about Florida's Stand Your Ground Law – Crime Prevention Research Center", "What to Make of the New Study of Florida's 'Stand Your Ground' Law", "Florida Homicide Rate Increased After Passage of 'Stand Your Ground' Law, Study Finds", "Expansions to the Castle Doctrine: Implications for Policy and Practice", "Crime rates in Florida have dropped since 'stand your ground,' says Dennis Baxley", "Florida Department of Law Enforcement - Violent Crime", "Self-Defence and the Prevention of Crime | The Crown Prosecution Service", "Do Other Countries Have 'Stand Your Ground' Laws? There is no duty to retreat when this occurs in the person's place of business, home, or vehicle. 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. 22 states have laws that "provide civil immunity under certain self-defense circumstances" (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin). In Connecticut, Delaware, Hawaii, Nebraska, and North Dakota, the duty to retreat also does not apply when the defender is in the defender's place of work; the same is true in Wisconsin and Guam, but only if the defender is the owner or operator of the workplace. 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'. 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. In states that do have stand your ground laws, the right to stand your ground generally applies outside of your home, vehicle, and business. "Stand your ground" redirects here. This bit … They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25. §39-11-203, which provides that if enough evidence is presented during a trial that the jury may consider whether a person acted in self-defense, then the jury must find beyond a reasonable doubt that … The study estimated that at least 30 people died per month due to the laws. 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. This duty was a terrible law. [4], A 2017 study in the Journal of Human Resources found that Stand Your Ground laws led to an increase in homicides and hospitalizations related to firearm-inflicted injuries. Others have argued that the law may lead to an increase in crime. These laws protect those who choose to defend themselves and their property, even when there is a legitimate opportunity for a safe escape. No rigorous study has yet determined whether "stand your ground" laws promote legitimate acts of self-defense. Other states follow the “castle doctrine,” which is the idea that people can use deadly force in their home, car, etc. 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]. [55] If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat. 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. In 2005, police arrested him for shoving an undercover officer, and his fiancée got a restraining order against him, claiming domestic violence. [56] However, there must not be an extreme imbalance ("extremes Missverhältnis") between the defended right and the chosen method of defense. These laws provide authority to use any level of force, including deadly force, against an … These states are mostly in the Western U.S. and include California, Colorado, Nevada, and Oregon, to name a few. 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. A Statistical Analysis of Cases in Florida, 2005-2013. https://en.wikipedia.org/w/index.php?title=Stand-your-ground_law&oldid=999865560, Short description is different from Wikidata, Articles with unsourced statements from November 2020, Creative Commons Attribution-ShareAlike License. They address the use of force outside of one's home, place of work, or vehicle. In such cases, the Defendant should bear the burden to prove his or her entitlement to a judicial declaration of immunity and order of dismissal on the basis of statutory immunity. Virginia) in determining the data set. For instance, Stand Your Ground states in the South include Alabama, Florida, Mississippi, and North Carolina. [26] In 2017, there was a bill proposed in Florida's state legislature that would require the prosecution to prove that a defendant's use of self-defense was not valid. On April 26, 2005, Governor Jeb Bush signed Florida State Bill 436, enacting Florida’s stand your ground law. The sections of the Canadian criminal code that deal with self-defence or defence of property are sections 34 and 35,[50] respectively. As of January 1, 2020, 34 states have stand-your-ground laws or have expanded castle doctrine to apply beyond the home. However, due to Florida’s Stand Your Ground Law, coupled with the fact that there was no evidence to refute Zimmerman’s self-defense claim, police had no choice but to let him go. In 2012, in response to the Martin case, the Tampa Bay Times created a report detailing cases involving Stand Your Ground Laws. 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. Notably, in the years prior to and following the Martin case, Zimmerman had had several other run-ins with the law. 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. Stand Your Ground states in the U.S. include states mostly in the South and Midwest. 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. 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. 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. No one, from Zimmerman’s neighbors to his co-workers, had a bad thing to say about him. stand ground phrase. Mike DeWine signed into law a controversial "stand your ground" measure that the Republican-dominated legislature approved last month.. a man's home is his castle [1] Stand-your-ground laws cannot be invoked by someone who is the initial aggressor or otherwise doing something illegal. In those states, an individual can generally use deadly force without a duty to retreat. These states include New York, Maryland, Connecticut, and Maine. 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. 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. "[20][21] A counter argument is that implementing a duty-to-retreat places the safety of the criminal above a victim's own life. [citation needed], Stand your ground law applies to any kind of threat by an attacker that endangers the victim's safety, health, or life. (adsbygoogle = window.adsbygoogle || []).push({}); Examples of Stand Your Ground Law and Racial Disparity, Stand Your Ground Law Example — Trayvon Martin. Learn more. [32] A paper from The Urban Institute which analysed FBI data found that in stand-your-ground states, the use of the defense by whites in the shooting of a black person is found to be justifiable 17 percent of the time, while the defense when used by blacks in the shooting of a white person is successful 1 percent of the time. What does STAND-YOUR-GROUND LAW mean? [48] Violent crime data for 1995 – 2015 has been published by the Florida Department of Law Enforcement.[49]. For example, Stand Your Ground Law protects those who use a gun or knife to defend themselves, even if that attempt results in a fatal injury. [18] In Florida, self-defense claims tripled in the years following enactment. For instance, it appears that one of the effects of Stand Your Ground Laws is that they may moderately increase the rates of homicide in states that enforce these laws. Definition of Stand Your Ground Law. First, law enforcement officers sometimes use the Stand Your Ground law as a basis for not charging the shooter to begin with. A person who uses such force as is permitted by section 2 in the circumstances referred to in that section shall not be liable in tort with respect to any injury, loss or damage arising from the use of such force. This defense is possible when people encounter an immediate threat against their life. 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. [51] In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to the manner of the attack".[52]. Every appellate court addressing this […] Zimmerman was passing through the neighborhood in his car while running an errand. While some states require individuals to flee a dangerous situation before resorting to deadly violence, states that uphold Stand Your Ground do not. In a previous post, I discussed the legal authority showing a right to a pre-trial, evidentiary Stand-Your-Ground immunity hearing. A law which places no obligation on a potential victim of crime to retreat and call police. Stand Your Ground Definition. Some states are not “Stand Your Ground states” per se, though they do adopt the ideas in practice. 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. 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. In contrast, they lead to a statistically significant 8 percent net increase in the number of reported murders. Jacobs recommended the law's repeal, stating that modifying the law would not fix its problems. It does not matter whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned. This provision acts as a safeguard against grossly disproportionate use of force, while still allowing a person to use force in nearly all circumstances. 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. 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. Perhaps the most well-known example of Stand Your Ground Law invoked as a defense in a case involving a homicide is the 2012 killing of Trayvon Martin. [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. The potential victim is instead allowed to respond to force with force even if flight is a possibility. Stand-your-ground laws, enacted in many states, take this one step further, extending that right to any place, including a public place, where a person has a right to be. Tennessee's Stand Your Ground In Tennessee a person is justified in using deadly force in defense of themselves, of others if the believe that there is an imminent threat of death or great bodily harm to themselves or another. 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. Black attackers were more likely to be carrying a weapon and committing a crime when shot. New York, however, does not require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault. [18][19] Opponents argue that Florida's law makes it potentially more difficult to prosecute cases against individuals who commit a crime and claim self-defense. but if they are in public – where others might be hurt – they must retreat. For these reasons, self-defense is very rarely used as a basis for acquittal in Polish courts. 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. [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. On Monday, Ohio Gov. [58] If the self-defense was excessive, its perpetrator is not to be punished if they exceeded on account of confusion, fear or terror.[59]. What is Stand Your Ground? There is also inconclusive evidence regarding the rates of suicide and defensive gun use in Stand Your Ground states. O'Hara said the "stand your ground" law is clear that aggressors shouldn't benefit from immunity. [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. This law is the blueprint for the Stand Your Ground laws passed in dozens of states, has garnered significant media attention, and has been extensively studied. [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. This means that as long as the individual has a legal right to be in the location, the individual did not provoke the confrontation, and the aggressor did not affirmatively break off or leave the confrontation, then the individual is permitted to u… The authors found that in states without a stand-your-ground law over the same time period those rates remained flat, suggesting that a nationwide crime wave was not to … [28], In 2012, in response to the Trayvon Martin case, the Tampa Bay Times compiled a report on the application of stand your ground, and also created a database of cases where defendants sought to invoke the law. This is known as the ". This page was last edited on 12 January 2021, at 09:56. v. Varsity Brands, Inc. 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. 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