Mary sanchez, stand your ground laws a shaky basis for. The california stand your ground rule is set forth in california criminal jury instruction 3470. North dakota, ohio and wisconsin have also allowed this defense in cases where a person uses deadly force in their vehicle. The law of self defense proudly announces the launch of its online, ondemand statespecific law of self defense online training these are interactive, online versions of the authoritative 5hourlong statespecific law of self defense seminars that we give all over the country, but from the convenience of your laptop, tablet, or smartphone, and on your own schedule.
Therefore, the law allows him to use lethal force against a person if he feels that person is an imminent threat to his safety. Gun control supporters oppose stand your ground laws for. In addition, the states of california, colorado, illinois, new mexico, oregon, virginia and washington have allowed stand your ground laws through other means, including case law. A 2015 study found that the adoption of oklahomas standyourground law was associated with a. Standyourground law is a simple concept, but one that was vigorously opposed by antigun legislators for years. California is not a stand your ground state, but does recognize the castle doctrine, which applies to ones home, place of business, or other real property. They address the use of force outside of ones home, place of work, or vehicle. 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.
Floridas stand your ground law faces increased scrutiny after the death of trayvon martin, the unarmed teen who was shot and killed by neighborhood watch. Finally, the report provides a statebystate analysis of each of the 22 state stand your ground laws. Did floridas stand your ground law reduce violent crime. 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.
In identifying and examining the moral intuitions which have proliferated the law of stand your ground, i hope not only to reach meaningful conclusions about the normative status of noretreat rules in the law of selfdefense, but also to highlight a more general concern about the influence of political ideology on the content of the criminal law. As one of the original authors of floridas 2005 stand your ground law, sen. A standyourground law establishes a right by which a person may defend ones self or others. In 2005, florida became the first state to adopt a stand your ground law. The george zimmerman case is probably the most popular. Governor bob riley signed alabamas stand your ground bill into law on april 4. There is no federal syg law, and in many states the socalled stand your. Under california selfdefense laws, you have the right to stand your ground and protect yourself without retreating under certain circumstances. Of course, not all selfdefense situations occur inside your home.
Evaluating the impact of floridas stand your ground selfdefense law on homicide and suicide by firearm pdf. Stand your ground benefits the vulnerable in society. Florida passed the first stand your ground law in 2005. 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. A 2015 study found that the adoption of oklahomas standyour ground law was associated with a. 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 legal definition legalmatch law library. Alaskas stand your ground law was signed into law by governor frank murkowski on june 15, 2006, after passing unanimously in both the house and senate. Stand your ground laws and homicides iza institute of labor.
Taking a stand an initial assessment of the social and racial. Most states now have some form of stand your ground laws, and the nations murder rate is now at or near an alltime low. From that conversation, here are five things to know about how california handles standyourground defenses. The facts suggest that floridas stand your ground law had at best only a distant connection to the shooting of trayvon martin and to the subsequent acquittal of zimmerman on multiple homicide. Limited to real property, such as your home, yard, or private office. Law center to prevent gun violence, san francisco, california. Albuquerque stand your ground law defense attorney new.
Aba house of delegates urges repeal of existing stand your ground laws the house of delegates adopted resolution 112, urging legislative bodies and governmental agencies to significantly modify or refrain from enacting laws that eliminate the duty. Although california does not specifically have a standyourground law, the castle doctrine is similar. In texas for example, the term stand your ground is used because the selfdefense laws state that an individual is allowed to use force against a perceived attacker if they are unable to hold or stand their ground. A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a persons abode or any legally occupied place for example, a vehicle or home as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force up to and including deadly force to defend oneself against an intruder, free from. Pdf stand your ground laws and homicides researchgate. Experienced lawyer explains new mexicos lack of stand your ground law defense in some states, there is a stand your ground law, which allows individuals to be acquitted of manslaughter if they can prove that i they were acting in selfdefense and, ii there was an imminent threat to their safety at the time of the act. Those denouncing standyourground characterize it as something new, a misguided initiative adopted in recent years by state legislatures that has now been clearly demonstrated to have. No, stand your ground, or syg, is really a concept for a bunch of legislation, law and sometimes procedural legal opinion that is often very similar in effect from one jurisdiction to another. With new iowa gun law, duck and cover gives way to stand your ground daniel p. Many states have enacted socalled stand your ground laws that remove any duty to retreat before using force in selfdefense. Stand your ground does not make it legal to just kill on a whim. The largest homicide count is observed in california, a nonsyg state.
Florida stand your ground law jacksonville florida lawyer. They have whats known as a castle doctrine california penal code section 198. Under its common law interpretation, the castle doctrine gives people the right to use deadly force to defend their home, but only after having used every reasonable means to avoid doing so and trying to retreat safely from. This is so even if safety could have been achieved by retreating. With new iowa gun law, duck and cover gives way to. He reports that even californians who illegally carry handguns can invoke the standyourground doctrine, as shown in a 2005 ruling by a state appeals. We havent resolved all the racial tension nationally and it takes a lot of work to. He is entitled to stand his ground and defend himself. Alaskas stand your ground law was signed into law by governor. Cases of selfdefense arent always simple especially in states with a stand your ground law. Stand your ground law definition, examples, cases, processes.
Instead, case law and jury instructions recognize the right of a person to use force in selfdefense without first trying to escape or run away. For example, stand your ground law states that no one should feel forced to leave a premises they have every right to be in. Standyourground selfdefense immunity castle doctrine. The stand your ground law allows for those to express their prerogative regarding the law in violent ways.
Even though there is not a specific statute for standing your ground, california law does recognize your right to defend yourself with deadly force. That instruction is titled right to selfdefense or defense of another nonhomicide. Examining the race effects of stand your ground laws and. Director, center on law, equality, and race, university of california, irvine school of. Stand your ground laws are often expansions of the castle laws. Florida stand your ground law yields some shocking outcomes. The castle doctrine originated as a theory of early common law, meaning it was a universally accepted natural right of selfdefense rather than a formally written law. Stand your ground and castle doctrine laws bill of. More cases of abused women trying to evoke stand your ground laws and being told that states really only. This means a person in california does not have to try and run away from harm in order to assert selfdefense.
The first thing to know about stand your ground is that traditional selfdefense law often imposed a legal duty to retreat before using defensive force if a safe avenue of retreat was available. The largest homicide count is observed in california, a nonsyg state, with 198. What you need to know about california self defense laws. Impact of floridas stand your ground selfdefense law. Dennis baxley, has a long history of touting its success. The term stand your ground has been used across the country by a variety of states to describe their selfdefense laws.
It sets forth the three conditions for the rules application. Floridas stand your ground law needs work debate club. University of central florida stars him 1990 2015 20 southern honor. Some states have selfdefense laws that are similar to stand your ground but with one key difference. State selfdefense laws may also overlap, but generally fall into three general categories. No duty to retreat from the situation before resorting to deadly force. A few criminal cases directed national attention to floridas self defense laws. The american bar association is calling for stand your ground laws to be repealed because they essentially function as a lowcost license to kill. The facts suggest that floridas stand your ground law had at best only a distant connection to the shooting of trayvon martin and to the subsequent acquittal of zimmerman on multiple. Bob egelko of the san francisco chronicle has an excellent report on californias longstanding recognition of stand your ground selfdefense principles in public places, which developed through judicial rather than legislative action. These statistics show that white on black gun homicide is more. It eliminates the shooters duty to retreat prior to using deadly force to defend himself or herself or another from serious bodily harm any.
Zimmerman was found not guilty after being tried continue reading. Similarly, an individual using deadly force to protect his or her property has no duty to retreat. 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. A 2015 study found that the adoption of oklahomas standyourground law was associated with a decrease in residential burglaries, but also that the law had the unintended consequence of increasing the number of nonresidential burglaries.
An analysis of stand your ground law in southern jurisdictions vaughn glinton jr. A stand your ground law is a law that allows citizens to protect themselves if they feel their lives are in danger, regardless of whether they could have safely exited the situation. Since the 2012 shooting death of miami gardens teen. In states that have the standyourground law, both rates were higher as the first three categories ranged from 3 to 15 percent while white on black gun homicides rose to 36 percent. Black community must protest stand your ground law to. Alabama is a castle doctrine state and has a stand your ground law. Supporters of stand your ground laws say law abiding citizens should be able to defend themselves when their life is being threatened. However, there are many problems with floridas stand your ground law. They cover most of the same issues as the castle laws the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount of force that maybe used in.
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