Justifiable Homicides and Stand-Your-Ground Laws

• In Event: The Politics of Stand Your Ground: Origins and Implications

Abstract

The right to kill in self-defense did not exist in medieval law, but was slowly established as a modern legal doctrine. In English common law, when threatened with violence, the potential victim had a duty to retreat. It was only when the person was cut off from all means of retreat and the person’s “back was to the wall,” that he or she could use lethal violence in self defense.
While the English common law of a duty to retreat remained in a minority of states, the repudiation of the the duty to retreat followed the westward settlement of the United States. In self-defense cases, the duty to retreat was replaced with the view that there was no duty to retreat and a “true man” stood his ground.
Throughout this contentious history, the castle doctine remained the same. The castle doctrine maintains that if a person is attacked in his or her dwelling, they may stand their ground and use whatever force is necessary to protect themselves, even to the extent of killing their adversary.
Beginning in 2005 in Florida, a revision and extension of the castle doctrine was legislated which, in effect, extends the right to stand your ground to any location where the person has a legal right to be. This new version of stand your ground laws was passed in over twenty states as of 2012. It now extends the right to use violence in a conflict, in defense of property, creates a legal presumption that shootings are lawful, establishes immunity hearings that can lead to a dismissal on self defense grounds, prevents the arrest of a person by police if he or she claims self-defense, and prevents civil lawsuits.
The purpose of this paper is to examine the limited research that is available because of the recency of the law. In addition, stand your ground laws pose serious risk of victimization to minorities who currently represent a measure of threat. These laws also pose serious problems in the case of domestic homicide.

Author

• Marc Riedel, Southeastern Louisiana University