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The shooting of a teenager in Kansas City, Mo., and the killing of a woman in upstate New York in recent days have brought renewed attention to the legal protections offered to people who say they acted in self-defense or out of fear for their safety.

In Kansas City, a Black teenager was shot last Thursday when he mistakenly went to the wrong house to pick up his younger brothers. The 84-year-old white man who shot the teenager through his front door has been charged with first-degree assault; he told investigators that he thought someone was breaking into his house.

In New York, a 20-year-old woman looking for a friends house was fatally shot on Monday after the car in which she was riding went to the wrong address. The homeowner there fired shots and killed her, the authorities say; he has been charged with second-degree murder.

Missouri is one of about 30 states with a stand your ground law. New York is not, but defendants there and elsewhere can argue that their actions are protected by what is known as the castle doctrine.

Here is a guide to understanding those laws and legal principles.

In the United States, there has been a tendency over the years for legislatures and the courts to expand the right to claim self-defense to justify use of force, rather than to protect those who may be harmed by misjudgments and mistakes.

The common-law castle doctrine, established through centuries of precedent, is rooted in the idea that a persons home is their castle, and that they have a right to protect themselves while they are in it.

Castle doctrine laws sometimes known as make my day laws give people in their own homes the legal presumption of self-defense if they harm an intruder.

Stand your ground laws go further. They apply anyplace where a person has a legal right to be, not just at home, and they erode the longstanding duty to retreat, a mainstay of classic self-defense legal theory that says deadly force is justified only as a last resort, when retreat is impossible.

For example, Floridas law states that a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

That law gained wider attention in 2012, when the police in Sanford, Fla., cited it as the reason they declined to arrest George Zimmerman, a neighborhood watch volunteer who killed an unarmed Black teenager, Trayvon Martin. Mr. Zimmerman was later charged and acquitted.

Missouri, Florida, Texas, Georgia, Michigan and Pennsylvania are among the states with stand your ground laws, according to the National Conference of State Legislatures. Most such laws have been enacted in the last 25 years.

The prosecutor in Kansas City has said that he believes the shooting of the teenager, Ralph Yarl, 16, was not in self-defense.

S. David Mitchell, a law professor at the University of Missouri, said that a defense lawyer could try to invoke the castle doctrine, though it usually applies only when an intruder has entered the home. The front porch, Mr. Mitchell said, becomes the gray area of what constitutes ones castle, a question that a jury could consider.

Though stand your ground laws do not require a person to retreat, they do not provide a blanket defense for shooting at anyone who approaches you. Mr. Mitchell said there would also have to be an assessment of whether the shooter had a reasonable fear of being harmed.

Theres one key thing that is missing here, he said, referring to the shooting in Kansas City. There is no indication of reasonable fear that Ive seen from any of the reports.

Under New Yorks castle doctrine, people have a right to protect their homes with deadly force if they reasonably believe that someone is entering without permission and is seeking to commit a crime.

But the sheriff in Washington County, where the wrong-address shooting took place on Monday, said he believed there was no reason for the suspect, Kevin Monahan, 65, to have felt threatened when he stepped out of his house and killed Kaylin Gillis, 20.

Proponents argue that the laws allow citizens to keep themselves safe, and even that the laws deter crime, though there is no evidence of that.

Missouri was the first state to pass a stand your ground law after the killing of Trayvon Martin in Florida.

The Republican-controlled Missouri General Assembly overrode the veto of Gov. Jay Nixon, a Democrat, in 2016 to approve the legislation, which allows individuals to use force in self-defense without retreating in any location where they have the right to be. Instead of providing the right only in the home, the law created a sort of mobile self-protective bubble, said Mr. Mitchell, the law professor.

The bill was sponsored by Sen. Kurt Schaefer, a Republican from Columbia, Mo. Youre going to do whatever you need to do if your safety is in jeopardy, Mr. Schaefer said in 2016. The question is, what happens in the lawsuit after that? Are you going to be faced with liability after that?

Critics say the laws make it too easy to claim self-defense when violence could have been avoided. For criminal trials in which a defendant claims self-defense, the law puts the burden on prosecutors to try to discredit those claims.

According to some analyses, there are substantial racial disparities in rulings of justifiable homicide under the laws.

Opponents also say the laws promote violence and weaken police powers. There is moderate evidence that the laws may increase total homicide rates, according to a review of data by the RAND Corporation.

The 2013 trial and acquittal of George Zimmerman put stand your ground laws in the national spotlight. In finding him not guilty of murder or manslaughter, the trial jury agreed that Mr. Zimmerman could have been justified in shooting Mr. Martin because he feared great bodily harm or death.

In 2021, Kyle Rittenhouse claimed that he had acted in self-defense when he shot three men, killing two, during unrest following the police shooting of a Black man in Kenosha, Wis., in August 2020. The onus was on the prosecution to prove otherwise, and he was found not guilty. That case highlighted for many Americans the wide berth given to defendants who say they have acted out of fear.

This month in Texas, Gov. Greg Abbott said that he would grant a pardon to an Army sergeant who was convicted of fatally shooting a protester during a Black Lives Matter demonstration in 2020. Mr. Abbott, a Republican, cited the states strong stand your ground law as the basis for his decision.

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What Are 'Stand Your Ground' Laws, and When Do They Apply? - The New York Times

Updated 20 April 2023

Ralph Yarl survived being shot after approaching the wrong house in Missouri

Two recent cases of unarmed people being shot and killed in the US have renewed discussion of so-called "stand your ground" laws.

The shootings have prompted questions about a person's rights to protect themselves and their property in the US - and when a person can use deadly force in self defence.

The answer depends on where you live.

What is a stand your ground law?

A stand your ground law is enacted at state level and most of these permit an individual to protect themselves with the use of reasonable force, including deadly force, to prevent death or great bodily harm.

Stand your ground laws echo the common law "castle doctrine" principle, which does not carry a "duty to retreat" when a person feels they must defend their home.

The duty to retreat, or an obligation to step back and avoid confrontation where possible, is removed under most stand your ground laws, dubbed "shoot first" laws by critics.

The laws began to appear in states after a bill featuring the language "has the right to stand his or her ground" was introduced in Florida in 2005.

When defendants use a stand your ground law to defend their actions, often the case centres on whether or not their use of force meets the standard for "reasonable", given the perceived threat.

Some laws refer to "deadly force", defined as the amount of force which a reasonable person would deem likely to cause death, or serious bodily harm, to another person, according to Cornell University.

How many states have stand your ground laws?

The states include: 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 and West Virginia Wyoming.

In these states, there is no duty to retreat from an attacker.

In Missouri, a person does not have a duty to retreat from their private property. An 84-year-old man has been charged first-degree assault and armed criminal action over Ralph Yarl's shooting.

Eight other states - California, Colorado, Illinois, New Mexico, Oregon, Virginia, Vermont and Washington - permit the use of deadly force in self defence.

New York state, where Ms Gillis was shot as the car she was in pulled into the wrong driveway, does not have a stand your ground law, and imposes a broad duty to retreat.

But its state law also introduces the castle doctrine in certain circumstances. A man has been charged with second-degree murder over the Ms Gillis' death.

The impact of stand your ground laws

John Roman, director of the Center on Public Safety and Justice at NORC at the University of Chicago, authored a study examining 53,019 cases involving stand your ground laws.

He told the BBC that they "promote violence".

"People feel like they have an added protection that makes them more likely to shoot where they wouldn't have shot without that perceived protection," he said.

It also "tragically" increases racial disparities in the US criminal justice system, he said.

Data from the report showed that, when the shooter is white and the victim is black, the white shooter is 10 times more likely to have their actions deemed justified than when the shooter is black and the victim is white.

The study found that, in cases where stand your ground laws featured, 11.4% of white-on-black homicides were ruled as justified, compared to just 1.2% of black-on-white homicides.

The death of unarmed 17-year-old Trayvon Martin in Florida in 2012 thrust conversations around the principle behind stand your ground into the national spotlight.

Lawyers for neighbourhood watchman George Zimmerman, 29, said he acted in self-defence with justifiable use of deadly force. He was acquitted of all charges.

The case sparked a fierce debate about racial profiling in the US and spontaneous protest marches were staged overnight in cities such as San Francisco, Philadelphia, Chicago, Washington DC and Atlanta.

In another prominent case, Ahmaud Arbery, a 25-year-old black male, was fatally gunned down by three white men while jogging through a Georgia neighbourhood, unarmed. The men tried to justify their actions by citing stand your ground laws.

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What is a stand your ground law and which states have one? - BBC

(KMAland) -- Missouri's Stand Your Ground law has been cited a number of times since the recent shooting of a Missouri teen by a homeowner whose house he went to by mistake.

But one expert said the statute is not what authorizes a person to use lethal force when a "legitimate" threat occurs at their home or property.

Ari Freilich, state policy director for theGiffords Law Center to Prevent Gun Violence, pointed out Stand Your Ground laws apply in public spaces, and the Castle Doctrine covers private property.

He said what the two have in common is lowering the legal requirement to avoid using lethal force when possible, by stepping away, or otherwise de-escalating the situation.

"Generally speaking, you cannot use lethal force unless it was objectively reasonable for you to believe that it was necessary to use that amount of force to prevent death or serious bodily harm, or really serious crimes from occurring," Freilich explained.

Freilich noted both the Castle Doctrine and Stand Your Ground laws fall under the umbrella of homicide laws. He added although every state has variations, the legal system has important protections, independent of the two, in the form of self-defense and justifiable homicide laws.

Freilich stressed although the Castle Doctrine does not require someone to step away or attempt to de-escalate a threat when at home, it has major restrictions.

"That does not authorize someone to use lethal force when there is no reason to believe that someone is unlawfully entering the home," Freilich emphasized. "And also, when there is really no objectively reasonable indicator that the person was a threat to life or safety."

And although de-escalating has historically been the expectation in public spaces, Freilich acknowledged people's understanding of this seems to be changing.

"Stand your ground laws have altered and distorted that and told people they have some vague affirmative right in public spaces -- wherever they might lawfully be present -- to stand their ground and not withdraw, not de-escalate in that way," Freilich said.

Freilich co-authored a study with the Southern Poverty Law Center which concluded Stand Your Ground lawsshould be repealed, stating, "They encourage a trigger-happy culture of anxious vigilantism that cheapens the value of human life. And they deepen vast and harmful disparities in our legal system."

At KMA, we attempt to be accurate in our reporting. If you see a typo or mistake in a story, please contact us by emailing kmaradio@kmaland.com.

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Legal Expert On Castle Doctrine, 'Stand Your Ground' Laws - KMAland

MACON, Ga. 38 states have some variation of a 'Stand Your Ground law,' but Georgias law could go through some changes.

Newly-introduced legislation in Georgias General Assembly could roll back the law here.

It would allow someone to decide whether they can first remove themselves from a situation without using deadly force before they shoot.

"It just changes the grounds pretty significantly if this becomes law," Attorney Frank Hogue said.

The latest legal hot point -- House Bill 842, also known as the "Georgia Shoot First Act."

"Essentially, it's trying to amend our law to say, instead of no duty to retreat, you better look for a reasonable escape from the perceived threat, because if you don't and you then kill or seriously injure somebody and then claim, 'They were threatening me,' I suppose under this bill, if it passes, a prosecution could look at it and ask, 'Could you have escaped?'" Hogue said.

Under current 'Stand Your Ground' law, gun owners can protect themselves or their properties with deadly force if they feel threatened by an aggressor. Our Atlanta station 11Alive spoke to state representative Marvin Lim, who introduced the bill.

"People are still allowed to defend themselves but are also required -- as everyone still is, whatever the stand your ground regime is or not to decide whether or not this is force that is necessary," Lim said.

Attorney Frank Hogue says defense lawyer organizations will likely oppose the bill because it would restrict the rights of potential defendants. He also believes it could cause complications in the courtrooms.

"We like to see nobody being out in this position in the first place. The question is if you are, should you now have the burden placed on you as a citizen to stop and wonder, 'Do I have a way out of this?' Hogue asked.

Lim also told 11Alive that many people have been killed by property owners who mistakenly thought they were being threatened.

Democrats introduced the bill in the final days of this years legislative session in March. We reached out to both Houston and Bibb County's district attorneys, but neither were available to speak on the issue.

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'Changes the grounds pretty significantly': What 'Stand Your Ground' law rollback means for Georgia - 13WMAZ.com

In fact, Jamison said, defendants are often too quick to consider the statute.

The stand your ground law is raised as a possible defense, even when it has no possible relevance to the situation," Jamison said. "And the case we're currently hearing about in Clay County here: It has no relevance.

Since no one tracks the use of the statute and some cases dont make it to court, its hard to know how often Stand Your Ground is considered for a legal strategy and for what types of cases those are.

Stand Your Ground did have relevance in the case of a woman who fatally shot an off-duty Kansas City firefighter in October 2022. Charged with second degree murder, she claimed she shot Anthony Santi, 41, in defense of another person. After declining to prosecute the woman, the Jackson County Prosecutor's office said in a statement to the news media:

We grieve with the family and community over this tragic loss of life of Mr. Santi. Missouri law governs this case, specifically self-defense and defense of others, leading us to decline charges after a careful review.

The Missouri law allows the use of physical force to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person.

Lester turned himself in at the Clay County Detention Center on Tuesday. It is not yet apparent what his legal strategy will be in defending himself against the two felony charges. Jamison, who writes and lectures about self-defense law, doubts Stand Your Ground will be part of it.

Self-defense is an affirmative defense, he said. So you have to prove that the other person was threatening you before you act in self-defense.

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Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News