The Evolution of Stand Your Ground Laws in Florida

• In Event: Race, Crime and Justice: Understanding the Death and Trial of Trayvon Martin

Abstract

Prior to passage of Stand Your Ground legislation, Florida’s self-defense law was based on the rule of retreat. Accordingly, a person who was faced with deadly force had to retreat to a place of safety, if at all possible, before they could respond with deadly force. The “castle” doctrine was the one exception to this rule. If a person was in her home or place of business, she did not have to retreat. In 2005, Florida law took a radical turn when legislators passed Stand Your Ground legislation. The law places perceived threats of harm above human life. Under the statute, a person is allowed to use whatever force he “reasonably believes” is necessary to protect him from harm. This chapter examines the Florida law—its evolution, impact and future—and the crucible of thorny issues is raises in light of the Zimmerman case. These include the racial politics of legislation, the “good” victim, and the relationship between law and justice.

Author

• Katheryn Russell-Brown, University of Florida