Gavin Howe
The stand your ground law, also known as the no duty to retreat law, allows people to use deadly force when they reasonably believe it is necessary to defend themselves against certain violent crimes. The law's exact details vary by jurisdiction, and there is no global consensus on it. In the US, the law's scope varies from state to state, and there is a debate about whether convicted felons can claim immunity under this law. While some states allow felons to stand their ground, others may prosecute them for using deadly force if they could have walked away from the confrontation.
| Characteristics | Values |
|---|---|
| Jurisdiction | The applicability of stand-your-ground laws varies by jurisdiction. |
| Criminal history | In some jurisdictions, felons may be exempt from stand-your-ground laws if they are barred from possessing firearms. |
| Duty to retreat | Stand-your-ground laws remove the duty to retreat and allow the use of deadly force in self-defence. |
| Reasonable force | The use of force must be reasonable and proportional to the threat. |
| Lawful presence | The use of stand-your-ground laws typically requires that the person claiming self-defence be lawfully present in the location of the incident. |
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What You'll Learn
The right to self-defence
The stand-your-ground law removes the duty to retreat and permits the use of force in self-defence. This means that people can defend themselves without first trying to escape or run away. However, it is important to note that the scope of these laws varies from state to state in the US, and different jurisdictions allow deadly force against different crimes. While some states let you stand your ground, others may prosecute you for killing someone if you could have safely walked away.
In the US, the stand-your-ground law has been a source of controversy, particularly in Florida, which became the first state to pass this law in 2005. The law came into contention in 2012 when George Zimmerman shot and killed Trayvon Martin and was ultimately found not guilty under Florida's stand-your-ground law. The Florida Supreme Court is set to decide whether convicted felons have the right to stand their ground under Florida law, as felons are not legally allowed to possess firearms in the state. The court's decision will consider whether convicted felons have the right to claim immunity under the stand-your-ground law, even if they are barred from possessing guns.
In California, it is generally legal for people to stand their ground and defend themselves and others without retreating. However, a case from 1978, People v. King, suggested that convicted felons who carry firearms do not have the right to stand their ground due to the state's "felon with a firearm" law. On the other hand, some sources argue that even convicted felons have the right to defend themselves, stand their ground, and use a reasonable amount of force under the circumstances.
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The use of firearms by felons
Federal law prohibits anyone convicted of a crime punishable by imprisonment for longer than a year from possessing a firearm. This includes both rifles and shotguns, as well as handguns. However, this federal law does not apply to misdemeanors punishable by imprisonment of two years or less. Additionally, in some states, individuals with felony convictions may be permitted to possess firearms within their own homes, provided they have completed their prison sentences, including parole or probation.
The "Stand Your Ground" law further complicates the issue. This law states that individuals who are not engaged in unlawful activity and who are in a place they have a right to be have no duty to retreat and can use force, including deadly force, if they reasonably believe it is necessary to prevent death or serious harm to themselves or others. While this law theoretically applies to felons, the interpretation of "not engaged in unlawful activity" is ambiguous. Possessing a firearm as a felon is itself unlawful, which could exempt felons who use firearms from the protection of this law.
The application of the "Stand Your Ground" law for felons has been the subject of several court cases and has divided legal opinion. In Florida, for example, the Fourth District Court of Appeal ruled that a felon could not claim self-defense under "Stand Your Ground" if they used a firearm they were not legally allowed to possess. However, the Second District Court of Appeal found that there may be at least one section of the law that could apply to felons. The Florida Supreme Court is yet to make a definitive ruling on this issue.
In summary, the use of firearms by felons is a complex legal area, and there is no one-size-fits-all answer. While federal law prohibits firearm possession by felons, there may be exceptions or justifications provided by state laws or specific circumstances, such as self-defense or necessity. The interpretation of these laws can vary, and it is essential to consult local laws and seek legal advice for specific situations.
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The 'castle doctrine'
The castle doctrine, also known as castle law or defence of habitation law, is a legal doctrine that grants a person protections and immunities in their abode or any legally occupied place, such as an automobile or home. This doctrine allows an individual to use force, including deadly force, to defend themselves against an intruder without fear of legal prosecution.
The term castle doctrine originates from English common law, which colonists brought to the New World. In England, it refers to a person's absolute right to exclude anyone from their home, although this right has its restrictions, such as bailiffs' powers of entry. The castle doctrine is also rooted in the 18th-century Presbyterian interpretation of the Old Testament, which exempts legitimate self-defence from the prohibition of murder.
In the United States, the castle doctrine shares a common background with the Fourth Amendment and the Preemption Act of 1841, which granted pre-emption rights to individuals on federal lands. During this period, the culture of manifest destiny and the emergence of claim clubs advocating for the castle doctrine contributed to westward expansion and the American Indian Wars. The castle doctrine extends beyond the home, asserting that an individual has the right to stand their ground and defend themselves without the duty to retreat when confronted by an attacker.
While the castle doctrine provides legal protection for the use of deadly force in certain circumstances, it may not offer civil immunity. For instance, it does not exempt individuals from wrongful death suits, which have a lower burden of proof compared to justifying homicide in self-defence.
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Jurisdictions and their laws
The "Stand Your Ground" law, also known as "no duty to retreat", allows people to use deadly force when they reasonably believe it is necessary to defend against certain violent crimes. The law provides legal defences to persons charged with use-of-force crimes such as murder, manslaughter, aggravated assault, and illegal discharge of weapons.
The applicability of the "Stand Your Ground" law varies across jurisdictions.
In the United States, the law differs from state to state. For example, Florida's "Stand Your Ground" law authorises individuals to use deadly force without the duty to retreat if they are lawfully present and perceive an imminent threat. However, it cannot be invoked by aggressors, during the commission of a crime, or against law enforcement. Additionally, two of Florida's five appellate courts disagree on whether convicted felons can claim this law as a defence. The Fourth District Court of Appeal (DCA) ruled that felons are not entitled to claim "Stand Your Ground", while the Second DCA held that because the law is written in separate sections, with the "not engaged in unlawful activity" portion in a different section, a felon can claim immunity. The Florida Supreme Court is yet to make a definitive ruling on this issue.
In Canada, the law regarding self-defence is centred around the acts committed and whether they are considered reasonable in the circumstances. Sections 34 and 35 of the Canadian Criminal Code deal with self-defence and defence of property, respectively, and were updated in 2012 for clarity and to reflect Canadian values.
The common law jurisdiction of England and Wales has a "Stand Your Ground" law rooted in the common law defence of using reasonable force in self-defence.
In Czechia, the duty to retreat was abandoned in 1852, and subsequent recodifications of criminal law have lacked any such requirement. For a defence to be judged legitimate, it must not be "manifestly disproportionate to the manner of the attack".
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The 'duty to retreat'
The duty to retreat is a provision that, under certain circumstances, not retreating from a confrontation will effectively strip individuals of their right to use deadly force for self-defence. In other words, individuals have a duty to try to escape or withdraw from a threatening situation before resorting to the use of force. This law emphasizes conflict de-escalation and prioritizes the avoidance of violence.
In duty-to-retreat states, individuals are not legally allowed to use deadly force to defend themselves if a jury concludes that they could have avoided the risk of death or serious bodily injury by retreating with complete safety. This is also the case if an individual is defending someone else who is unlawfully attacked. Even in areas that impose a duty to retreat, the "castle doctrine" is generally followed, under which people have no duty to retreat when they are attacked in their homes, or in some places, in their vehicles or workplaces.
Thirty-five states are stand-your-ground states, while 15 are duty-to-retreat states. The duty-to-retreat states are: Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, and Rhode Island. The remaining 35 states are stand-your-ground states, with the exception of eight: California, Illinois, New Mexico, Oregon, Virginia, Washington, and Wisconsin.
The application of duty to retreat varies by jurisdiction, with each state having its own set of self-defence laws. In some cases, retreating can strengthen an individual's legal position if force is ultimately required, showcasing their commitment to avoiding violence.
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Frequently asked questions
The "stand your ground" law, sometimes called a ""line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes.
There is no clear consensus on whether a felon can use the "stand your ground" law. Two of the five appellate courts are split on the issue. The Fourth DCA held that felons aren't entitled to claim "stand your ground", while the Second DCA held that because the "stand your ground" law is written in separate sections, a felon can claim immunity.
The case of Brian Bragdon, who was charged with two counts of attempted first-degree murder, brought this issue to light. Bragdon argued that he fired the gun in self-defence and sought to get the charges dismissed under "stand your ground".
The Florida Supreme Court was set to decide whether convicted felons have the right to "stand your ground" under Florida law but I could not find the outcome of the case.
Canada's laws regarding self-defence are similar to those of England, as they focus on the acts committed and whether those acts are considered reasonable under the circumstances.
