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The shooting death of Trayvon Martin brought a lot of attention to so-called stand your ground self-defense laws. That tragic situation caused many people to question the wisdom of stand your ground laws, and still others to demand their repeal. But what are stand your ground laws? How do they work, and what purpose do they serve? This article will answer those questions and more.

Duty to Retreat

It is impossible to discuss stand your ground laws without first explaining the concept of the duty to retreat. In its most extreme form, the duty to retreat states that a person who is under an imminent threat of personal harm must retreat from the threat as much as possible before responding with force in self-defense. These days, states that retain the duty generally incorporate a variety of the duty with somewhat less stringent requirements.

Stand Your Ground

Stand your ground laws are essentially a revocation of the duty to retreat. Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat from the danger. The purpose behind these laws is to remove any confusion about when individuals can defend themselves and to eliminate prosecutions of people who legitimately used self-defense even though they had not attempted to retreat from the threat.

In many states withstand your groundlaws, a claim of self-defense under a stand your ground law offers immunity from prosecution rather than an affirmative defense. This means that, rather than presenting a self-defense argument at an assault trial, for example, an individual could claim self-defense under the states stand your ground law and avoid trial altogether.

States with Stand Your Ground laws differ on whether the law applies to instances involving lethal force, with some states retaining the duty to retreat when lethal force is involved and others removing the duty to retreat under all circumstances.

Controversy over Stand Your Ground

Stand your ground laws are often criticized as encouraging violence. Critics claim that the laws lead to a shoot first, ask questions later attitude that results in more injuries and deaths than would occur without the law. Proponents of stand your ground counter that the laws allow people to protect themselves without worrying about whether they have retreated sufficiently before using force.

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Stand Your Ground Laws - FindLaw - Criminal Law - FindLaw

Attorneys for Marissa Alexander are asking for a Stand Your Ground hearing to argue that she fired a shot at her estranged husband in self defense.

It will be the second time Alexander, 33, seeks immunity from prosecution under the states Stand Your Ground law, which allows the use of deadly force instead of retreating if the person is afraid for his or her life. A previous claim in July, 2011 was rejected.

Timeline:A step-by-step look at the Marissa Alexander case

Alexander, 33, is out on bond while awaiting a new trial on charges of firing a gun at her estranged husband and his two children. She was previously convicted of three counts of aggravated assault with a deadly weapon and sentenced to 20 years in prison, but that conviction was thrown out on appeal.

The new Stand Your Ground motion, filed Friday by attorney Bruce Zimet, argues that there is critical new information that wasnt heard in the original Stand Your Ground hearing. It also says the information presented at the original hearing was at best grossly incomplete.

Sept. 26, 2013:Judge orders new trial for Marissa Alexander

Nov. 28, 2013:Marissa Alexander released from jail

Jan. 10, 2014:Marissa Alexander bond hearing (video)

March 1, 2014:Marissa Alexander's sentence could triple in 'warning-shot' case

New evidence profoundly undermines the testimony of Alexanders estranged husband, Rico Gray, and his two children, Zimet said. All three testified in the original Stand Your Ground hearing.

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Marissa Alexander asks for second Stand Your Ground hearing

U.S. Law Sybrina Fulton of Miami, Fla., mother of Trayvon Martin, wipes her eyes during a Senate Judiciary Committee hearing on "Stand Your Ground" laws Oct. 29, 2013 in Washington, DC. Win McNameeGetty Images

The mothers of Trayvon Martin and Jordan Davis are working together to end Floridas infamous stand your ground law.

These two moms are going to make positive change to make sure that stand your ground doesnt continue to happen, Sybrina Fulton, the mother of Trayvon Martin told CBS News.

Stand your ground laws allow people who fear for their safety to use deadly force against their agressor and override any legal obligation they have to retreat. Fulton and Lucia McBaththe mother of Davisboth lost their sons to men whose actions put the law center stage and sparked national debate, though they didnt necessarily use the law as part of their legal defense. Martin was killed by George Zimmerman in 2012 and Davis was shot and killed by Michael Dunn during a dispute over Davis music volume. Martin was acquitted, while Dunn was convicted of attempted murder but the jury hung on more serious murder charges.

Fulton and McBath are helping to lead a protest Monday at Floridas State Capitol for the repeal of stand your ground. They argue the law gives killers the excuse to shoot and kill someone and then ask questions later.

But Florida is preparing to expand the law to allow people who feel their life is in jeopardy to fire a warning shot, CBS reports. Proponents of this addition say it will protect people like Marissa Alexander, who says she fired a warning shot in 2012 that killed her abusive husband. She was sentenced to 20 years in prison. Alexanders family is joining the march in protest of the law.

[CBS News]

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Mothers Team Up to Fight Stand Your Ground Law