Stand Your Ground laws supplement traditional self-defense laws and are new to the legal system.
There has always been a legal defense for using deadly force for those who feel seriously threatened and cannot flee. These mores and laws are ancient. Today, stand-your-ground (SYG) laws are used either through statutory or common law in around 20 states as a form of self defense claim in the criminal justice system that eliminates the duty to retreat from a violent conflict. Here are some issues that Fuzzy sees with SYG laws:
Police discretion:
SYG provisions give police officers the unprecedented ability to not press charges even if there is some evidence to suggest that a murder occurred. As a result, possible murderers are allowed to not only leave the scene, but may then more easily evade the law if foul play is later suspected.
Unnecessary:
Conventional self-defense still places some responsibility on the defender; they still have a responsibility to try to flee before they use deadly force. This seems sensible, and has worked for centuries in the US. SYG allows people to not try to flee, so people can (in theory) kill anyone they want with impunity.
Paranoia:
The NRA backs SYG laws. Not only is paranoia profitable for them -- with increased gun sales -- but they have been behind the radical SYG statutes sweeping the US. Why would the NRA support SYG laws so strongly? What does the average NRA member look like?
Racism:
SYG laws are created by those who control the social, political, economic and legal realms. Not surprisingly, these people want to maintain their monopoly. As a result, they enact laws that keep their prestige and power. SYG laws are seen as a way to further problematize those who are marginalized or socially, politically, economically and legislatively excluded and deprived. SYG laws are also seen as a way to protect those with power from facing criminal charges. Reality supports this theory: whites are 104% more likely to be found justified in killing a black person in SYG states than in non-SYG states (source).
Statistical myths:
Since blacks claim SYG defenses at a disproportionately higher rate than whites, some might argue that they benefit more from SYG laws. In fact, almost 70% of people who invoke SYG go free in Florida. Of the 133 people who have used the SYG defense, most (57%) of them were white, and they're more likely to go free if the victim is white (73%).
Historical myths:
The NRA states that SYG laws are a "fundamental human right," despite the fact that they didn't exist 30 years ago. Republican Governor Jan Brewer stated that SYG laws were a "constitutional right," despite there being nothing even remotely related in the Constitution.
Increased deaths:
A recent study from Texas A&M suggests that SYG laws may lead to more deaths. The rates of murder and non-negligent manslaughter increased by 8% in states that enacted Stand Your Ground laws. If laws are supposed to reduce deaths, then SYG seems counter-intuitive.
The NRA:
SYG has been championed by gun rights groups as a way to empower gun owners and allow them to take the law into their own hands -- with little to no accountability. They allow for "shoot first" reactions during conflicts, and may even encourage nervous shooting -- at the risk of public safety.
Inquiries:
Florida Gov. Rick Scott commissioned a task force to weigh in on Trayvon Martin's death. His office released a statement saying, "The task force recommended that the law should not be overturned, and Gov. Scott agrees." Last month, the U.S. Commission on Civil Rights announced that it was starting an investigation concerning racial bias in the law's application.
SYG increases homicides in general. They allow for possible murderers to not even be charged or arrested. They are new and many feel that self-defense laws, which all states already have, are enough. Only 32% of Floridians want SYG repealed, so there won't likely be any change soon. As Attorney General Eric Holder stated, Holder said. "These laws try to fix something that was never broken."
There has always been a legal defense for using deadly force for those who feel seriously threatened and cannot flee. These mores and laws are ancient. Today, stand-your-ground (SYG) laws are used either through statutory or common law in around 20 states as a form of self defense claim in the criminal justice system that eliminates the duty to retreat from a violent conflict. Here are some issues that Fuzzy sees with SYG laws:
Police discretion:
SYG provisions give police officers the unprecedented ability to not press charges even if there is some evidence to suggest that a murder occurred. As a result, possible murderers are allowed to not only leave the scene, but may then more easily evade the law if foul play is later suspected.
Unnecessary:
Conventional self-defense still places some responsibility on the defender; they still have a responsibility to try to flee before they use deadly force. This seems sensible, and has worked for centuries in the US. SYG allows people to not try to flee, so people can (in theory) kill anyone they want with impunity.
Paranoia:
The NRA backs SYG laws. Not only is paranoia profitable for them -- with increased gun sales -- but they have been behind the radical SYG statutes sweeping the US. Why would the NRA support SYG laws so strongly? What does the average NRA member look like?
Racism:
SYG laws are created by those who control the social, political, economic and legal realms. Not surprisingly, these people want to maintain their monopoly. As a result, they enact laws that keep their prestige and power. SYG laws are seen as a way to further problematize those who are marginalized or socially, politically, economically and legislatively excluded and deprived. SYG laws are also seen as a way to protect those with power from facing criminal charges. Reality supports this theory: whites are 104% more likely to be found justified in killing a black person in SYG states than in non-SYG states (source).
Statistical myths:
Since blacks claim SYG defenses at a disproportionately higher rate than whites, some might argue that they benefit more from SYG laws. In fact, almost 70% of people who invoke SYG go free in Florida. Of the 133 people who have used the SYG defense, most (57%) of them were white, and they're more likely to go free if the victim is white (73%).
Historical myths:
The NRA states that SYG laws are a "fundamental human right," despite the fact that they didn't exist 30 years ago. Republican Governor Jan Brewer stated that SYG laws were a "constitutional right," despite there being nothing even remotely related in the Constitution.
Increased deaths:
A recent study from Texas A&M suggests that SYG laws may lead to more deaths. The rates of murder and non-negligent manslaughter increased by 8% in states that enacted Stand Your Ground laws. If laws are supposed to reduce deaths, then SYG seems counter-intuitive.
The NRA:
SYG has been championed by gun rights groups as a way to empower gun owners and allow them to take the law into their own hands -- with little to no accountability. They allow for "shoot first" reactions during conflicts, and may even encourage nervous shooting -- at the risk of public safety.
Inquiries:
Florida Gov. Rick Scott commissioned a task force to weigh in on Trayvon Martin's death. His office released a statement saying, "The task force recommended that the law should not be overturned, and Gov. Scott agrees." Last month, the U.S. Commission on Civil Rights announced that it was starting an investigation concerning racial bias in the law's application.
SYG increases homicides in general. They allow for possible murderers to not even be charged or arrested. They are new and many feel that self-defense laws, which all states already have, are enough. Only 32% of Floridians want SYG repealed, so there won't likely be any change soon. As Attorney General Eric Holder stated, Holder said. "These laws try to fix something that was never broken."
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