Week 2 EOC: Stand Your Ground

Stand Your Ground is referred to as the “shoot first” laws that “change the legal definition of self-defense for citizens who feel they are being confronted with deadly force or imminent danger.” (Chuck) Instead of trying to retreat from danger, now this states that citizens have the right to use deadly force in self-defense. 

There are three parts to the Florida Stand Your Ground law:

1.       Presumed to have reasonable fear of imminent death or great bodily harm when using defensive force if an intruder has broken into his or her home or vehicle and is justified in using force

2.       A person does not have a duty to retreat if he or she believes death or bodily harm is imminent

3.       Provides immunity from criminal prosecution and civil action for justifiable use of force

The Stand Your Ground law is actually based in the Castle Doctrine, which is from the 17^th century and was an English common law that was brought to the states.  That common law states that if someone breaks into that individual’s home, he/she is not obligated to try and retreat before defending him/herself with force.  

Even though this is steeped with history, it doesn’t excuse from the regular self-defense law which generally “requires citizens show they’re in reasonable fear of serious bodily injury or death that is imminent.” (Chuck)

After the Zimmerman case came out, law makers in Florida started to examine the statute.  According to what the jury was given, Zimmerman had “no duty to retreat and had the right to stand his ground and meet force with force” if he believed death or bodily harm was imminent.  The Broward County State Attorney Michael Satz said, “I think putting in the statute that you do not have the duty to retreat is a mistake. I think life is precious and before you do that you should do everything in your power not to do that and to retreat if you possibly can.” (Brown)

The question becomes do we need laws that defend the defendant or should we focus on those who were injured or killed? The protesters want the defendant to be tried for the action, not that he was trying to defend himself.  If the courts were to prosecute Zimmerman for his actions, then he would still be facing jail time but possibly a lesser sentence.

Works Cited

Brown, Tom. Reuters. 15 July 3013. 19 July 2013 <http://www.reuters.com/article/2013/07/19/us-usa-florida-shooting-lawmakers-idUSBRE96I05020130719>.

Churck, Elizabeth. US News. 18 July 2013. 19 July 2013 <http://usnews.nbcnews.com/_news/2013/07/18/19522874-florida-had-first-stand-your-ground-law-other-states-followed-in-rapid-succession>.