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'. 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. This bit … (adsbygoogle = window.adsbygoogle || []).push({}); Examples of Stand Your Ground Law and Racial Disparity, Stand Your Ground Law Example — Trayvon Martin. 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. The victims of black attackers were more successful at using the Stand Your Ground Law as a defense than victims of white attackers were. stand ground phrase. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes. To explore this concept, consider the following Stand Your Ground Law definition. 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. In 2012, in response to the Martin case, the Tampa Bay Times created a report detailing cases involving Stand Your Ground Laws. Stand your ground laws are essentially a revocation of the duty to retreat. (iii) to prevent the commission of a crime or to effect, or assist in effecting, a lawful arrest. These states include New York, Maryland, Connecticut, and Maine. For this reason, some refer to this concept as the “shoot first” law. German law permits self-defense against an unlawful attack. [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. [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. Self-defense laws fall roughly into three categories: duty-to-retreat laws, castle doctrines, and stand-your-ground laws.. These laws protect those who choose to defend themselves and their property, even when there is a legitimate opportunity for a safe escape. Martin was in town visiting his relatives. Some states are not “Stand Your Ground states” per se, though they do adopt the ideas in practice. Police were charging, and juries were convicting, whites at the same rate as blacks, and mixed-race cases were about the same for black-on-white and white-on-black crime. 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. ", "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? §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 exact details vary by jurisdiction. The report also noted that the misinterpretation of clues could result in use of deadly force when there was, in fact, no danger. 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. 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. Noun. [44], In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. While some wanted Zimmerman charged with a federal hate crime, the U.S. Department of Justice announced in February of 2015 that there simply was not enough evidence for a prosecution on this charge. Midwest Stand Your Ground states include Missouri, Indiana, and Kansas. [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. [51] In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to the manner of the attack".[52]. 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. In a previous post, I discussed the legal authority showing a right to a pre-trial, evidentiary Stand-Your-Ground immunity hearing. O'Hara said the "stand your ground" law is clear that aggressors shouldn't benefit from immunity. [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. [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. 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. 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. "[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. [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. 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. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. Stand Your Ground states in the U.S. include states mostly in the South and Midwest. 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