Stand your ground law florida history books

Florida s stand your ground law basically says you can use deadly force such as shooting someone to defend yourself if you fear for their life, or are afraid of serious bodily. Legislative history stand your ground and self defense in florida. David simmons raltamonte springs, the main author of floridas stand your ground law. Floridas stand your ground law was born of 2004 case, but story has been distorted. Under the law, a person is allowed to use lethal force and has no duty to. Oct 29, 2014 the law also changed the standard instructions to jurors in homicide cases, so that the judge said that zimmerman had no duty to retreat and could stand his ground if he felt threatened. Pennsylvanias law, amended in 2011, distinguishes use of deadly force outside ones home or vehicle.

What does floridas stand your ground law say you can do. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix people at sandy hook elementary school in newtown, connecticut, in december 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms. Some states have selfdefense laws that are similar to stand your ground but with one key difference. History of stand your ground the syg law is an expansion of selfdefense law that provides a justification for utilizing deadly force in order to protect ones self, family, or property. The author is a keen legal analyst, deftly examining obscure cases that. Jul 16, 20 this language was added to floridas law books in 2005, exactly at the time that florida put codified stand your ground. Florida appeals court upholds stand your ground changes. A south florida appeals court has upheld the constitutionality of a controversial change to the states stand your ground selfdefense law. Floridas stand your ground law basically says you can use deadly force such as shooting someone to defend yourself if you fear for their life, or are afraid of serious bodily.

Melissa block speaks with david ovalle of the miami herald about floridas law and the other states that have adopted similar statutes. There were 27 states that had some form of a stand your ground law in place as of 2018. The stand your ground concept has been in the news a lot over the past few weeks. Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat. Mar 10, 2018 maryland self defense laws provide guidance about the situations in which a person who has been attacked can defend themselves. No, the stand your ground law doesnt protect florida killer. Gualtieri obscured that point by erroneously asserting that the stand your ground law, which was enacted in 2005, established a largely subjective standard for. Whether its trickortreaters or kids playing in the yard of someone who doesnt want them there or some drunk guy stumbling into the wrong house, youre encouraging people to possibly use deadly physical force. Five stand your ground cases you should know about.

The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. Harvard professor caroline light was recently in miami to talk about the laws historical roots and her book stand your ground. In 2006, the year after the stand your ground law was implemented, it rose to 6. Why stand your ground laws are dangerous scholars strategy. Since it was enacted in 2005, the law has drawn highprofile controversies, including the shooting of unarmed teenager trayvon martin. A history of americas love affair with lethal selfdefense, looks at how stand your ground descended from 17 th century english common law. The republican state representative who championed the selfdefense law at the heart of the trayvon martin case is. Stand your ground and castle doctrine laws elesson media coverage of the trayvon martin case has brought standyourground laws to the attention of many throughout the country. Many states have enacted socalled stand your ground laws that remove any duty to retreat before using force in selfdefense.

Nov 14, 2016 according to florida department of law enforcement statistics, the murder rate per 100,000 residents in 2005 was 4. Stand your ground laws under scrutiny again after man. Floridas latest version of its stand your ground law has been ruled unconstitutional by a miami judge. Sheriff gualtieri said his office did not arrest or charge mr. The florida legislature has passed a bill that amends floridas controversial stand your ground selfdefense law. Stand your ground archives crime prevention research center. Under the law, a person is allowed to use lethal force and has no duty to retreat if they believe they are in danger.

Jul 27, 2018 at least ten of those states include language stating one may stand his or her ground. Two stand your ground cases, two different outcomes show. Seven years since it was passed, florida s stand your ground law is being invoked with unexpected frequency, in ways no one imagined, to free. Reports on the case have cited a recent change in florida law, enacting the principle called stand your ground. I believe that floridas selfdefense laws apply, and what is called stand your ground is a very small and distinct portion of the existing selfdefense laws here in the state of florida, said sen. Stand your ground law, which applies the castle doctrine to any place.

Five stand your ground cases you should know about need. Harvard professor caroline light was recently in miami to talk about the law s historical roots and her book stand your ground. Stand your ground cited by florida sheriff who declined to. Although utah passed the first standyourground law in 1994, widespread legislative movement in this area did not begin until 2005, when florida adopted a standyourground law that became the basis for a model law adopted by the american legislative exchange council. Drejka, who had a concealed carry permit, because of floridas stand your ground law, which removes the. Ocala dennis baxley has always stood his ground in floridas political arena. Floridas stand your ground law explained by criminal. Apr 16, 2020 many states have enacted socalled stand your ground laws that remove any duty to retreat before using force in selfdefense.

Floridas standyourground law put to test in marissa. Light deftly analyzes how this lopsided treatment has survived, in our legal system and also in. The basics what you need to understand about the selfdefense laws. Martin and jordan davis were two of 26 children and teens killed in florida stand your ground cases, according to a tampa bay times breakdown by age and race. That comes as a similar case of stand your ground in florida has again brought the law into national focus. A history of americas stand your ground gun laws, from reconstruction to. This is further complicated by the fact that many of. Florida tends to receive the most attention because of its liberal application and famous cases, but liberal states like new hampshire have it on their books as well. In the george zimmerman case, pundits across the country conflated stand your ground with selfdefense, the actual. Jun, 2012 the stand your ground law is most widely associated with the feb. What you need to know about floridas stand your ground law. The negative aspects of stand your ground laws surround the understanding and application of such laws.

Theres more information on this topic, and others, at findlaw s section on criminal law basics. The following article discusses the history and present scope of floridas stand your ground law in cases involving the use of deadly force. Why its more extreme than other states selfdefense measures, and how it got that way. After parking lot shooting, floridas stand your ground. It further addresses the procedural steps for obtaining prosecutorial immunity. A history of americas stand your ground gun laws, from reconstruction to trayvon martin after a young, white gunman killed twentysix people at sandy hook elementary school in newtown, connecticut, in december 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. In other states, stand your ground laws are strikingly similar to floridas.

The chapter discusses in detail legislation passed in 2007 that affected a persons duty to retreat and defined the terms habitation and. Workman hesitates to offer an opinion on the stand your ground law. We may see this change in restricting stand your ground policies in other states in. Florida s controversial stand your ground law has been in the spotlight many times since its adoption in 2005. In florida, for example, if a shooter invokes the stand your ground law, police can determine whether to make an. Supreme court on june 26, 2008 that ended a ban on owning handguns in.

After parking lot shooting, floridas stand your ground law. Search both the phrase stand your ground and gun control if you want broader research. It immediately drew national attention and created lots of headlines and. Aug 01, 20 florida was the very first state to pass a stand your ground law, and the current national controversy erupted after teenager trayvon martin was shot dead by george zimmerman on the night of february 26, 2012, in sanford, a small city in central florida. I need information on the stand your ground law in florida. Aug 24, 2019 in a test of the selfdefense law known as stand your ground, a florida jury on friday night found michael drejka guilty of manslaughter for killing markeis mcglockton, after an argument.

This is a radical modern distortion of an old commonlaw doctrine. Since florida adopted the law in 2005, it has loomed large over a. Floridas stand your ground law is coming under intense scrutiny again after a. Sep 24, 2018 prior to passage of florida s stand your ground law, miami police chief john f. Floridas standyourground law put to test in marissa alexander conviction. As the first state in the nation to enact a stand your ground law, florida has received. Stand your ground and castle doctrine laws bill of rights. They were part of the same reform, and have always been understood to be. In examining the history of selfdefense in the united states from remembering the alamo to the controversial stand your ground laws now on the books in some states she traced the.

The law was unsuccessfully invoked in the shooting of a child as young as 9 years old. In some cases, a person can even kill someone else in selfdefense. Florida legislature passes bill to strengthen stand your. The stand your ground laws are vague and poorly understood. Stand your ground case in florida ends with manslaughter. The crime prevention research centers recent testimony to the us senate has had implications for the stand your ground debate in florida. One of those laws includes a controversial piece of legislation changing floridas stand your ground law. Oct 20, 2018 dunns actions were not justified by floridas standyourground law, brian haas, the state attorney for the 10th judicial circuit of florida, said at a news conference friday. This has upset many people who are looking for the statute to be abolished. Matt gaetz began quoting from john lotts testimony at about 3. In a test of the selfdefense law known as stand your ground, a florida jury on friday night found michael drejka guilty of manslaughter for. A standyourground law establishes a right by which a person may defend ones self or others.

Eliminating the requirement to retreat outside the home i. However, these rules can be complicated and there are many situations in which someone commits a crime despite having acted to defend themselves. Floridas stand your ground law is a license to kill. Harvard professors book explores history of stand your. Stand your ground laws complicate matters for black gun.

There have also been an increase in selfdefense claims since florida enacted its stand your ground law. Floridas stand your ground law was born of 2004 case, but. In florida alone, 26 children and teens were killed in stand your ground cases. Standing your ground has its legal limits in south carolina. Florida stand your ground law yields some shocking. Why the days of stand your ground selfdefense laws may. Why the days of stand your ground selfdefense laws may be numbered momentum is gathering in florida to roll back laws after the death of markeis mcglockton during a parking lot dispute jamiles. Jul 29, 2018 cases of selfdefense arent always simple especially in states with a stand your ground law. Was the stand your ground law the cause of trayvon martin. Jul 21, 2018 sheriff gualtieri said his office did not arrest or charge mr. Florida had first stand your ground law, other states.

Before the florida stand your ground law, the rule was that if you wanted to defend yourself using deadly force, and you were not in your own home, you had a duty to retreat before using deadly force. Stand your ground legal definition legalmatch law library. For books and articles, go to the one search link below. Florida stand your ground law use of deadly force in self. Mar 28, 2012 a stand your ground law states that a person may use deadly force in selfdefense without the duty to retreat when faced with a reasonable perceived threat. Stand your ground in a highly publicized move, the florida legislature enacted in 2005 what has been popularly known as the stand your ground law. A history of americas love affair with lethal selfdefense. The surprising history behind americas stand your ground laws gun rights activists celebrate the news from the u. As criminal defense attorneys that regularly handles crimes of violence and firearms and weapons offenses, we are frequently asked to explain andor provide guidance on floridas relativelynew stand your ground law floridas stand your ground selfdefense law hit the books in 2005. Senate bill 128, which was first passed by the senate in march, seeks to shift.

States have forms of standyourground or castle laws laws on their books, and more states are. Stand your ground cited by florida sheriff who declined. A history of americas love affair with lethal selfdefense, and senior lecturer and director of undergraduate studies at harvard university. Verdict of the pros and cons of stand your ground laws. Jul 12, 20 the authors of florida s controversial stand your ground selfdefense law say george zimmerman should probably be arrested for shooting trayvon martin, reports the miami herald. Several bills have also been proposed that would limit the use of this defense. Many people do not know what the laws actually entail or protect, and often times complete knowledge of stand your ground laws is not possessed by the jury either. Floridas stand your ground law ruled unconstitutional. Carolina, and in the aftermath of the massacre in the pulse nightclub in orlando, florida. Stand your ground and castle doctrine laws bill of. A history of americas stand your ground gun laws, from reconstruction to trayvon. Floridas stand your ground law deadly force, selfdefense, and immunity.

This language was added to floridas law books in 2005, exactly at the time that florida put codified stand your ground. Jun 07, 2012 for more, take a closer look at the money trail behind floridas stand your ground law, read about how the nra pushed for the right to pack heat anywhere, and explore our comprehensive explainer. How stand your ground relates to george zimmerman the atlantic. The castle doctrine was a common law that allowed for an individual to. Floridas standyourground law went into effect on october 1, 2005. Meet dennis baxley, the lawmaker who always stands his ground. A history of americas stand your ground gun laws, from reconstruction to trayvon martin. Main author of floridas stand your ground law weighs in. A 2016 study in the journal of the american medical association compared homicide rates in florida following the passage of its stand your ground selfdefense law to the rates in four control states, new jersey, new york, ohio and virginia, which have no similar laws. Some have speculated that george zimmerman, charged with second degree murder in the shooting death of martin, may cite floridas standyourground law in his defense. Stand your ground does not make it legal to just kill on a whim.

Sign up for news about books, authors, and more from penguin random house. The idea behind stand your ground laws comes from the castle doctrine, according to caroline light, author of stand your ground. The legislation sets guidelines for when and how a person can defend against. Those denouncing standyourground characterize it as something new, a misguided initiative adopted in recent years by state legislatures that has now been clearly demonstrated to have profoundly negative unexpected consequences. Drejka, who had a concealed carry permit, because of floridas stand your ground law, which removes the obligation to retreat if a. Stand your ground and castle doctrine laws bill of rights institute. The stand your ground law is most widely associated with the feb. Cases of selfdefense arent always simple especially in states with a stand your ground law. How the nra and its allies helped spread a radical gun law. The old castle doctrine held that someone attacked in his or her own home had no duty to retreat before using deadly force to repel an attack. Castle doctrine and stand your ground castle doctrine refers to the generally accepted common law principle that one is not required to retreat when in ones own dwelling.

Jul 31, 2012 stand your ground laws can be applied at multiple points during an investigation. Alabama, florida, georgia, idaho, kansas, kentucky, louisiana, oklahoma, pennsylvania and south carolina. On behalf of mike g law posted in criminal defense on monday, december 17, 2018. Florida stand your ground law use of deadly force in. Jul 25, 2018 under florida s stand your ground law, a person in fear for his or her life is justified in using deadly force to stop an attack. The stand your ground law was associated with a 45 percent increase in firearm homicide rates among white residents and a 23 percent increase among black residents. After parking lot shooting, floridas stand your ground law scrutinized again under state law, a person in fear for his or her life is justified in. Florida was the first state to enact a stand your ground law. The ruling will not affect the laws of other states, but its reasoning may prove persuasive if states follow the controversial path charted by florida. May 28, 2018 florida was the first state to enact a stand your ground law. How stand your ground relates to george zimmerman the.

The idea is that an individual who is legally occupying a placetheir home or car, for instancehas the right to use force if faced by an intruder or a threat in order to protect themselves. A history of stand your ground law in florida a recent case of a neighborhood watch volunteer shooting and killing an unarmed teenager in florida has raised interest in that states socalled. According to florida department of law enforcement statistics, the murder rate per 100,000 residents in 2005 was 4. Six years after the killing of trayvon martin put stand your ground laws under a microscope, attorney benjamin crump is representing another florida family who lost a. Under the law, a person is allowed to use lethal force and has no duty to retreat. Selfdefence australia semaynes case, 1604 case establishing the knockandannounce rule in english common law, and where the castle doctrine phrasing comes from. Evaluating the impact of floridas stand your ground selfdefense law on homicide and suicide by firearm. In indicting lakeland city commissioner michael dunn on the murder charge, a grand jury effectively rejected floridas stand your ground law as a possible defense for the commissioners. Dec 17, 2018 history of the florida stand your ground law the florida stand your ground law is based on the castle doctrine.