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The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes. On April 26, 2005, Governor Jeb Bush signed Florida State Bill 436, enacting Florida’s stand your ground law. That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes (right of self-defense). The study estimated that at least 30 people died per month due to the laws. Notably, in the years prior to and following the Martin case, Zimmerman had had several other run-ins with the law. 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. This type of self-defense is allowed when a person encounters an immediate threat or perceived threat against their life. New York, however, does not require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault. For this reason, another name for it is the “Castle Doctrine,” because the law allows people to do whatever they feel is necessary to protect themselves and their home, or “castle.” This includes the use of deadly force. a man's home is his castle Perhaps the most well-known example of Stand Your Ground Law invoked as a defense in a case involving a homicide is the 2012 killing of Trayvon Martin. Self-defense laws fall roughly into three categories: duty-to-retreat laws, castle doctrines, and stand-your-ground laws.. 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. Stand your ground laws provide for a defense in criminal cases where people have legal allowances to use force, including deadly actions, as a way to defend one’s safety. It does not matter whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned. [29][31] Victims of African American attackers overall were more successful at using the law than victims of Caucasian attackers, regardless of the victim's race claiming self-defense, but analysis showed that black attackers were also more likely to be armed and to be involved in committing a crime, such as burglary, when shot. Stand-your-ground laws, a history. [51] In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to the manner of the attack".[52]. On the night of the shooting, Zimmerman noticed Martin as Martin returned from a nearby convenience store, on foot, to the Twin Lakes housing community. In 2005, police arrested him for shoving an undercover officer, and his fiancée got a restraining order against him, claiming domestic violence. Florida state representative Dennis Baxley, an author of the law, said that the violent crime rate has dropped since the enactment of the law, though he said there may be many reasons for the change. In Canada, there is no duty to retreat under the law. Learn more. Perhaps one of the most prominent Stand Your Ground Law examples in Americans’ minds is the Trayvon Martin case (more on that later). Wisconsin does not have a stand your ground law. [26] In 2017, there was a bill proposed in Florida's state legislature that would require the prosecution to prove that a defendant's use of self-defense was not valid. This page was last edited on 12 January 2021, at 09:56. [29][30][31], A Texas A&M study found that when whites use the stand-your-ground defense against black attackers they are more successful than when blacks use the defense against white attackers. The other team's offense was incredibly aggressive, but our defense stood their ground. 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. 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. When Zimmerman caught up to Martin, they engaged in a violent encounter which resulted in Zimmerman fatally shooting Martin 70 yards from the door of the house Martin was staying at. ", Stand Your Ground: A History of America's Love Affair with Lethal Self-Defense. Stand-your-ground laws can… In contrast, they lead to a statistically significant 8 percent net increase in the number of reported murders. In Wisconsin and Guam, the duty to retreat also does not apply when the defender is in the defender's vehicle. What is Stand Your Ground? [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. Origin. Definitions by the largest Idiom Dictionary. After the trial, Zimmerman’s family came to his defense, arguing that Zimmerman was not racist, as he had black relatives. Claim club; Related sayings. 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