Stand Your Ground Laws

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The shooting death of Trayvon Martin in Florida in 2012 brought a lot of attention to so-called "stand your ground" self-defense laws, which allow armed individuals who believe they are in imminent danger to use deadly force. The tragic situation in Florida, and others like it around the country, have caused many people to question the wisdom of these laws and even to demand their repeal. Still, many individuals defend these laws as necessary for defending against would-be perpetrators.

But what are stand your ground laws? How do they work, and what purpose do they serve? This article will answer those questions and more.

Duty to Retreat

It's impossible to discuss stand your ground laws without first explaining the concept of the duty to retreat. In its most extreme form, the duty to retreat states that a person who is under an imminent threat of personal harm must retreat from the threat as much as possible before responding with deadly force in self-defense. Nearly half of U.S. states adhere to this standard, including New York, Iowa, and Hawaii.

Stand Your Ground Laws at a Glance

Stand your ground laws are essentially a revocation of the duty to retreat. 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. The purpose behind these laws is to remove any confusion about when individuals can defend themselves and to eliminate prosecutions of people who legitimately used self-defense even though they had not attempted to retreat from the threat.

In many states, such as Florida, with stand your ground laws, a claim of self-defense under a stand your ground law offers immunity from prosecution rather than an affirmative defense. This means that, rather than presenting a self-defense argument at an assault trial, for example, an individual could claim self-defense under the state’s stand your ground law and avoid trial altogether.

States differ on whether the stand your ground law applies to instances involving lethal force, with some states retaining the duty to retreat when lethal force is involved and others removing the duty to retreat under all circumstances.

Stand Your Ground vs. Castle Doctrine

The so-called castle doctrine is similar to stand your ground, but is typically limited to real property, including one's home or place of business (and sometimes even one's automobile). The idea is that individuals have a right to be safe and secure within their own home (or "castle") and thus should not have to retreat from their home in order to be safe. Practically speaking, this means homeowners in states that recognize the castle doctrine may use lethal force against intruders without retreating.

Controversy Over Stand Your Ground

Stand your ground laws are often criticized as encouraging violence. Critics claim that the laws lead to a "shoot first, ask questions later" attitude that results in more injuries and deaths than would occur without the law. Proponents of stand your ground counter that the laws allow people to protect themselves without worrying about whether they have retreated sufficiently before using force.

Get Legal Help Understanding Stand Your Ground Laws

The issues surrounding stand your ground laws can be complex and delicate, and the consequences profoundly grave for making a mistake. So, whether you're just curious about your state's self-defense laws or you're actually being investigated for shooting someone in what you believe was self-defense, your best move is to talk to a skilled criminal defense attorney near you to get some clarity.

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