Stand Your Ground: States With Self-Defense Laws

Stand-your-ground laws, also known as no duty to retreat or shoot first laws, permit the use of deadly force in self-defence when people feel threatened with death or serious bodily harm. In other words, people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. The exact details vary by jurisdiction, but generally, stand-your-ground laws apply in places where an individual is lawfully present, such as their home, place of work, or vehicle. As of 2021, about 35 states in the US have a version of a stand-your-ground law, with the first being enacted in Florida in 2005.

The 'Castle Doctrine'

The Castle Doctrine, also known as Castle Law or Defense of Habitation Law, is a legal doctrine that designates a person's abode or any legally occupied place (e.g., an automobile or a home) as a place where that person has protections and immunities. This permits the use of force, including deadly force, to defend oneself against an intruder, without legal prosecution for the consequences of the force used. The doctrine lessens the duty to retreat when an individual is assaulted within their own home.

The Castle Doctrine is not a defined law that can be invoked but a set of principles incorporated to varying degrees by many jurisdictions. It is commonly manifested as an affirmative defence to criminal homicide that occurred within a home. In some states, it slightly enhances the conditions for justifiable homicide in self-defence by laying down no duty to retreat or avert a violent encounter.

The doctrine is derived from the English common law dictum that "an Englishman's home is his castle". This concept was established as English law by jurist Sir Edward Coke in 1628, who wrote:

> "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge]."

The term 'castle' was defined in 1763 by Prime Minister William Pitt, 1st Earl of Chatham:

> "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter."

The Castle Doctrine is incorporated differently in each jurisdiction. For example, in Connecticut, the occupant(s) of the home must not have provoked or instigated an intrusion; or, provoked/instigated an intruder's threat or use of deadly force. In all cases, the occupant(s) of the home must be there legally and not be fugitives from the law themselves.

Most states in the United States have stand-your-ground laws where individuals can use deadly force in self-defence in any location they are legally allowed to be without first attempting to retreat.

'Stand Your Ground' vs self-defence laws

Stand-your-ground laws, also known as "line in the sand" or "no duty to retreat" laws, provide that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. In other words, people have no duty to retreat before using deadly force in self-defence, as long as they are in a place where they are lawfully present.

The alternative to stand-your-ground laws is "duty to retreat" laws, which state that a person cannot use deadly force in self-defence if it is possible to avoid the danger with complete safety by retreating. Even areas that implement a duty to retreat usually follow the "castle doctrine", which states that people have no duty to retreat if they are attacked in their homes, vehicles, or workplaces.

Stand-your-ground laws are distinct from self-defence laws in that self-defence laws remove any duty to retreat but only apply to specific locations such as one's home or place of work.

Stand-your-ground laws have been criticised for potentially making it more difficult to prosecute cases against individuals who commit a crime and claim self-defence. There is also evidence to suggest that stand-your-ground laws are associated with an increase in firearm homicides and total homicides.

As of 2024, thirty-eight states in the US are stand-your-ground states:

• Alabama
• Alaska
• Arizona
• Arkansas
• Florida
• Georgia
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Michigan
• Mississippi
• Missouri
• Montana
• Nevada
• New Hampshire
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• West Virginia
• Wyoming

The Trayvon Martin case

On February 26, 2012, 17-year-old Trayvon Martin was shot and killed by George Zimmerman, a neighbourhood watch volunteer in Sanford, Florida. Martin was returning from a convenience store when he was noticed by Zimmerman, who called the non-emergency police line to report a "suspicious person". Despite being instructed not to leave his SUV or approach Martin, Zimmerman disregarded the instructions. A violent confrontation ensued, and Zimmerman fired his weapon at Martin at close range, killing him. When the police arrived, Zimmerman argued that he had acted in self-defence, and as there was no evidence to contradict his version of events, and because state law permitted the use of deadly force in self-defence, the police released him.

In the following weeks, as Zimmerman remained uncharged, the shooting drew increasing attention. On March 12, the Sanford Police Chief affirmed that no criminal charge could be filed against Zimmerman due to the absence of probable cause. However, the next day, a Sanford police investigator assigned to the case recommended that Zimmerman be charged with manslaughter, arguing that the violent encounter could have been avoided. Zimmerman remained free, which was seen by many as an injustice, and demonstrations demanding his prosecution for murder were organised across the United States. In April 2012, the governor of Florida appointed a special prosecutor for the case, who brought a criminal charge of second-degree murder against Zimmerman.

Zimmerman's trial began in June 2013 and received intensive media coverage. The prosecution argued that Martin's death resulted from Zimmerman's profiling of him as a criminal, while the defence argued that the evidence corroborated Zimmerman's version of events, namely that he fired his weapon because he felt his life was threatened. Central elements of the incident could not be ascertained, and witnesses disagreed on who could be heard screaming for help on a recorded call to emergency services. Although the original criminal charge brought against Zimmerman was second-degree murder, the judge also gave the jury the option of convicting him of the lesser charge of manslaughter. In order to find Zimmerman guilty of either charge, the jury had to find not only that Zimmerman had caused Martin's death but also that he did not do so in self-defence. The issue of self-defence was linked to Florida's "stand-your-ground" law, which permits the use of deadly force in self-defence. Instructions to the jury referenced the law, but Zimmerman's lawyers ultimately did not invoke his rights under it, arguing that he had no option to retreat anyway. On July 13, 2013, after more than 16 hours of deliberation, the jury found Zimmerman not guilty.

Martin's death heightened a debate over the persistence of racism in the United States and, in particular, the issue of racial profiling. In March 2012, President Barack Obama expressed his dismay at the shooting, saying that "if I had a son, he'd look like Trayvon". Obama later compared Martin to his younger self and characterised racial profiling as a reality that most African Americans have had to face. Protests continued across the United States in the wake of the Zimmerman verdict and led to the formation of the prominent Black Lives Matter social movement, which focused on better treatment of African Americans in all facets of American society.

The impact on homicide rates

Stand Your Ground laws have been linked to an increase in homicide rates. A 2020 RAND Corporation review of existing research concluded that there is supportive evidence that stand-your-ground laws are associated with increases in firearm homicides and moderate evidence that they increase the total number of homicides.

A 2017 study in the Journal of Human Resources found that Stand Your Ground laws led to an increase in homicides and hospitalizations related to firearm-inflicted injuries. The study estimated that at least 30 people died per month due to the laws. A 2013 study in the Journal of Human Resources found that Stand Your Ground laws in states across the U.S. "do not deter burglary, robbery, or aggravated assault. In contrast, they lead to a statistically significant 8% net increase in the number of reported murders." A 2016 study in the Social Science Journal found that stand-your-ground laws were not associated with lower crime rates. A 2016 study in the Journal of the American Medical Association compared homicide rates in Florida following the passage of its "stand your ground" self-defense law to the rates in four control states, New Jersey, New York, Ohio and Virginia, which have no similar laws. It found that the law was associated with a 24.4% increase in homicide and a 31.6% increase in firearm-related homicide, but no change in rates of suicide or suicide by firearm, between 2005 and 2014.

A 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase the total number of homicides." In 2019, RAND authors published an update, writing "Since publication of RAND's report, at least four additional studies meeting RAND's standards of rigor have reinforced the finding that 'stand your ground' laws increase homicides. None of them found that 'stand your ground' laws deter violent crime. No rigorous study has yet determined whether 'stand your ground' laws promote legitimate acts of self-defense."

The 'shoot first' label

Stand Your Ground laws, often referred to as Shoot First laws by critics, are a contentious issue in the United States. These laws remove the duty to retreat and allow the use of deadly force in self-defence. The laws vary from state to state, but the basic principle is that an individual has no obligation to retreat and can use lethal force if they reasonably believe it is necessary for self-defence.

The Shoot First label is applied to these laws by critics who argue that they give people a "licence to kill". They claim that these laws encourage people to "shoot first and ask questions later", escalating violence and resulting in unnecessary deaths. The laws have been associated with increases in homicide rates, particularly in states like Florida, and critics argue that they do nothing to deter crime.

Proponents of Stand Your Ground laws argue that they empower individuals to protect themselves and their property. They believe that individuals should not be required to retreat and should have the right to stand their ground against attackers. The laws have been supported by gun lobby groups like the National Rifle Association (NRA) and have been enacted in numerous states across the country.

The Shoot First label highlights the divisive nature of these laws and the concerns raised by critics. The label suggests that individuals will be quick to use lethal force without considering other options or attempting to de-escalate the situation. It implies that these laws encourage a shoot-first mentality, prioritising self-defence over conflict resolution or public safety.

The Shoot First label is a direct criticism of Stand Your Ground laws, portraying them as reckless and dangerous. Critics argue that these laws lead to unnecessary violence and provide legal cover for individuals who initiate confrontations or have violent criminal histories. The label is intended to draw attention to the potential consequences of these laws and encourage a re-evaluation of self-defence legislation.

Frequently asked questions