Stand Your Ground Law Comes Under Fire After Trayvon Martin Killing
George Zimmerman shot and killed Trayvon Martin earlier this month but the Florida man wasn’t initially arrested. Why? Well, Zimmerman claimed self defense and because of Florida’s stand your ground law, he might be able to stick by that claim despite the fact that Martin was only armed with a candy bar.
Florida’s stand your ground law is a little hazy and depends on a person’s judgement. Zimmerman believes that he perceived a threat and used reasonable force to protect himself. CNN reports that the law protects the use of deadly force even if the perceived danger turns out to be nothing.
Until recently Florida was like many other states in that its self defense law required a person to try and diffuse the situation before using force. Basically, this meant that deadly force was a last resort and a person had to retreat “to the wall” before attacking.
Some states, however, have enacted “stand your ground” laws. In most states this means that if an attack occurs in your home you have the right to defend yourself and do not need to flea your home. In Florida, the law extends to areas outside the home like bars and public sidewalks.
Trayvon Martin’s death has put the magnifying glass on Florida’s self defense law, and thankfully, it looks like a change might be coming.
Gov. Rick Scott told a group of protesters outraged with Martin’s death:
“If there’s something wrong with the law that’s in place, I think it’s important we address it. I’m going to look at it. If what’s happening is it’s being abused, that’s not right. We all want to live in a safe place… Any time we see something like that we have to review and make sure we’re not giving people the opportunity to use the law unfairly.”
Florida’s law states that there is “no duty to retreat” if a person is attacked in a location they are legally allowed to be. The person “has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm.”
CNN reports that in a trial, the prosecution has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense.
What do you think about Florida’s Stand Your Ground law? Do you think Trayvon Martin was murdered? Or was he killed in self defense?
Despite Florida’s law favoring self-defense, George Zimmerman’s claim probably isn’t going to hold up. Trayvon Martin’s death will be investigated by the FBI as a hate crime.
