Week 2 EOC: Stand Your Ground

The “Stand Your Ground Law” has recently taken center stage in wake of the Trayvon Martin Case in which George Zimmerman was acquitted.  Many protesters are calling for a repeal of the law stating that it allows “-- and perhaps [encourages] -- violent situations to escalate in public, such laws undermine public safety." (http://www.foxnews.com/politics/2013/07/17/nra-blasts-holder-for-attacking-stand-your-ground-laws-after-zimmerman-verdict/#ixzz2ZVTyhDWA). There are both opponents and proponents for the law which has stirred up debate as to what constitutes self-defense and racial profiling. The Florida Statutes states that a person who has right to believe their life or the life of another is in danger has the right to defend themselves if “The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred” (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0776/Sections/0776.013.html). There is no mention to public domain that is occupied when the self-defense/altercation occurs. This is where people tend to get outraged as in the case of Trayvon Martin. It is natural for someone to want to protect their home or other dwelling and the people that occupy it. However, if someone is in public domain, why wouldn’t the accosted flee and seek help? Excessive force does not necessarily constitute self-defense. It can lead to unnecessary violence when a perception of danger is misconstrued.  

Proponents for the law, such as the NRA, believe the law backs up the fundamental right of each person to protect themselves and their dwelling. Attorney General Eric Holder expressing his concerns states, “…in his speech to the NAACP, suggested that the laws encourage gun owners to seek confrontation rather than avoid it” (http://www.foxnews.com/politics/2013/07/17/nra-blasts-holder-for-attacking-stand-your-ground-laws-after-zimmerman-verdict/#ixzz2ZVYDSXSz). When carrying a weapon, a person can tend to feel justified to use deadly force when threatened; however, what comes into question becomes what is the danger being faced?