A stand-your-ground law is a type of self-defense law that gives individuals the right to use deadly force to defend themselves without any requirement to evade or retreat from a dangerous situation. It is law in certain jurisdictions within the United States. The basis may lie in either statutory law or common law precedents or both. One key distinction is whether the concept applies only to defending lawfully occupied locations. Under these legal concepts, a person is justified in using deadly force in certain situations, and the stand-your-ground law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention, and arrest. A defense, including an affirmative defense, is a fact or set of facts that may avoid or mitigate the adverse legal consequences of the defendant's otherwise unlawful conduct.
There is no explicit stand-your-ground or castle doctrine provision in the laws of the Czech Republic, however there is also no duty to retreat from an attack.[1] In order for a defense to be judged as legitimate, it may not be manifestly disproportionate to the manner of the attack.[2]
German law allows the use of force (even deadly force if necessary) to defend against an unlawful attack. There is no duty to retreat, no matter if the attacked person is in his or her home or in a public place.
Forty-six states in the United States have adopted the castle doctrine, that a person has no duty to retreat whatsoever when their home is attacked.[3][4] Twenty-two states go a step further,[5] removing the duty of retreat from other locations outside the home. Such "stand your ground", "Line in the Sand" or "No Duty to Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. Under such laws, there is no duty to retreat from anywhere the defender may legally be.[6] Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly.
"Stand your ground" governs[citation needed] U.S. federal case law in which right of self-defense is asserted against a charge of criminal homicide. The Supreme Court of the United States ruled in Beard v. U.S.[7] (158 U.S. 550 (1895)) that a man who was "on his premises" when he came under attack and "...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground."[8][9] However, the Supreme Court decision did not create case law impugning a state's authority to either adopt or invalidate stand-your-ground law.
Supporters and critics of the law dispute whether or not it has an effect on crime rates. The third edition of More Guns, Less Crime by John Lott[10] says that states adopting stand your ground/"castle doctrine" laws reduced murder rates by 9 percent and overall violent crime by 11 percent, and that occurs even after accounting for a range of other factors such as national crime trends, law enforcement variables (arrest, execution, and imprisonment rates), income and poverty measures, demographic changes, and the national average changes in crime rates from year-to-year and average differences across states.
A study by Texas A&M economics professors observed that the adoption of stand-your-ground laws correlated with a statistically significant increase in the raw homicide rate. Little to no relationship was seen between adoption of the law and a deterrence of crime. The authors of the study were unable to determine what percentage of the increase was justifiable homicide, due to the reporting of homicide to the FBI often lacking notation whether the homicide was justifiable or not.[11][12]
Another analysis of stand-your-ground laws by economists at Georgia State, using monthly data from the U.S. Vital Statistics, observed a significant increase in homicide and injury of whites, especially white males.[13] They also analyzed data from the Health Care Utilization Project, which revealed significantly increased rates of emergency room visits and hospital discharges related to gun injuries in states which enacted these laws.
In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. This included criminals using the law as a defense for their crimes, more people carrying guns, and that people would not feel safe if they felt that anyone could use deadly force in a conflict. The report also noted that the misinterpretation of clues could result in use of deadly force when there was, in fact, no danger. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes.[14] In Florida, use of the law by blacks and Hispanics has equaled or exceeded those killed.[15]
Florida state representative Dennis Baxley, an author of the law, notes that crime rates in Florida dropped significantly between 2005, when the law was passed, and 2012 after a slight increase from 2005 to 2007.[16] However, crime rates had been declining in Florida as well as nationally since at least 2000.[17] Representative Baxley told Politifact Florida that he does not believe his law is the main reason for the drop in crime rates in Florida, but may be one of several reasons.
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Stand-your-ground law - Wikipedia, the free encyclopedia