10 Things To Know About The “Stand Your Ground” Law [PHOTOS]
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Florida has been launched into the international spotlight thanks to its controversial “stand your ground” law following the shooting death of Trayvon Martin.
In February, the teen was shot by George Zimmerman who used the defense to explain taking the teen’s life.
According to Zimmerman, he feared for his life after encountering Martin who was walking back to his father’s girlfriend’s house after making a store run for skittles and ice tea. Zimmerman assumed that the 17-year-old had no place in the neighborhood and phoned 911. He was instructed not to pursue the high schooler but did not comply. After a verbal exchange that turned physical, the 29-year-old asserts that Martin attempted to grab his gun, resulting in him pulling the weapon out and firing.
Zimmerman’s “stand your ground” defense, lifted the veil on a law that many have heard of, but may not know very much about. Other Floridians have cried “stand your ground,” but it doesn’t always work. Michael Dunn, shot and killed an unarmed teen at a gas station because he refused to turn his music down, he was arrested on a first-degree murder charge. Elsewhere in the state of Florida, a 71-year-old man in Tampa used the defense after shooting a man following an argument on a basketball court but was found guilty of manslaughter.
Just to educate you a little more on “stand your grand,” check out 10 things that you may not know about the law.
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Photo: ABC News
** Additional reporting from Kristen Gray
It’s Relatively New
The law was passed in Florida in 2005, after the shooting of 35-year-old Rodney Cox (above) of North Carolina. Similar rulings predate the 1900s.
Here’s How It Works
The statute allows a person to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
There Are Racial Breakdowns
Since the law’s enactment, 73 percent of the people who have used this defense after killing a Black person have been set free. Those who killed someone White escaped a guilty verdict 59 percent of the time.
There Have Been Success Stories
Those who invoke “stand your ground” to avoid prosecution have been pretty successful. Nearly 70 percent have gone free.
Other States Use The Law
23 other states have a “stand your ground” law, or something similar.
Many Are In Opposition Of The Law
Several organizations have come out in opposition of the law including Change.org, which has launched an “anti-stand your ground” petition.
Different Factors Determine If You’ll Get Off For A Crime Under The Law
In the state of Florida, the outcome of a “stand your ground” cases are dependent on several factors including, the location of blood spatters, the credibility of witnesses, and the relative size and age of the parties involved.
It Doesn’t Always Work
Aside from the cases mentioned in our intro, there are others that have been unsuccessful in using the law as a defense. David Heckman of Tampa lost his “stand your ground” protection bid because he shot a victim while he was walking away.
You Can Only Claim The Law If You’re Being Attacked
Attackers are not allowed to claim the law. Regardless of the circumstances, if you attacked someone, you cannot claim “stand your ground,” if the altercation turns fatal. In the case of Zimmerman he may be convicted for pursuing Martin.
Florida Is Likely To Keep Stand Your Ground In Place
It’s Not Going Anywhere
A panel has been commissioned to take a deeper look into the law, but Florida is unlikely to find any need for amendments.
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florida George Zimmerman Jordan Russell Davis michael dunn stand your ground Trayvon Martin