Most of you
faithful readers won’t recognize the tone or voice, and maybe not
even the views, of this blog post. You see, my father is recovering
from some medical issues, so he asked me to help him write this
month’s blog posting. He picked the topic, but the views shared are
a combination of his and mine. So, read on, if you dare!
Since George Zimmerman
shot Treyvon Martin a lot of time and energy has been spent arguing
the pros and cons of Stand Your Ground laws around the country;
especially in Florida.
Do you have the right
to "Stand Your Ground"? More importantly, should you have
that right?
Let's start with a
simple fact. George Zimmerman never claimed immunity under Florida's
Stand Your Ground law. SYG assumes that a person has the opportunity
to retreat or flee from a confrontation and chooses not to. In the
case of George Zimmerman, one of two things happened, depending on
whom you believe:
- Zimmerman targeted, ambushed, and killed Martin.or
- Martin pinned Zimmerman to the ground, and began punching him in the face and slamming his head in the concrete. Zimmerman fired his gun from under Martin, to stop the deadly assault.
This first scenario is
what the prosecution claims, and it is murder, cut and dry. The
second, which is what the defense claimed, is a clear case of self
defense in every state in this country. This is why the defense
waived SYG during pre-trial1.
In spite of this fact,
calls for the repeal of this and other laws have appeared across the
country. Some, such as from our President, implied a connection
between the law and the case2
while others3,
including calls from Martin’s own mother blame the boy’s death
and his killer’s acquittal directly on the law. Though this case
was not about SYG, the national interest in this type of law invites
an examination of what a Stand Your Ground Law really is.
SYG is simply the
belief that, if you have the right to be somewhere, no one else has
the right to assault or attack you or to use force or the threat of
force to chase you away. In the words of Michigan’s stand your
ground law, “An individual who has not or is not engaged in
the commission of a crime at the time he or she uses deadly force may
use deadly force against another individual anywhere he or she has
the legal right to be with no duty to retreat. . .”4
if that individual is in fear of their life.
You have the God-given
right to stay where you are; to "Stand Your Ground". All 50
states employ the so-called "Castle Doctrine" which
mandates that if an intruder enters a person's home, the victim does
not have to retreat and leave his or her home before using forceful
self-defense. Fourteen states have enacted explicit Stand Your Ground
laws, like the one we see above, while still others have doctrine
through judicial interpretation 5.
Is Stand Your Ground
right? I am not willing to comment on any particular state’s
version of the law, but I strongly agree with the basic doctrine. If
someone confronts me and threatens me, regardless of where I am
(assuming I am there legally), I shouldn’t have to try to figure
out how to defend myself AND get out of there. I should have the
right, but not the obligation, to retreat.
Think about this; if I
am armed, and you are not, and we are both being assaulted, what if I
retreat and you can’t?
At
least that's my opinion. What's yours?
Citations
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