States Are Quietly Resurrecting a Law That Makes It Easier to Kill Blacks – The Root
On July 12, 2013, the Honorable Judge Debra S. Nelson addressed the jury in the second-degree murder trial ofGeorge Zimmerman in Florida and read her instructions to the jury (pdf). They included the following:
In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.
If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony ...
If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty.
Nelsons jury instructions mirrored Florida Statute 776.012, which describes the justifiable use of force:
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the others imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
The law was based on a legal precept called the castle doctrine, which does not require a person with a gun to retreat in the face of danger, but most people know the law by its more famous nickname: Stand your ground.
The jury eventually acquitted Zimmerman of the murder of Trayvon Martin, and for three years, no state could pass a version of the law. It was politically toxic in the age of Black Lives Matter, and every state that tried to pass similar legislation failed.
But in the last few months, under Republican legislatures, Stand your ground has made a quiet resurgence. In September, Missouri became the first state to enact it since Trayvons death. Iowa passed a sweeping gun measure April 13 that lets children handle firearms, allows citizens to sue cities that have gun-free zones and makes Stand your ground state law.
Now Florida is back at it again. According to the New York Times, the Sunshine State is set to strengthen its law by shifting the responsibility of proving immunity from the defendant to prosecutors. In shortin Florida, if you kill another person with a gun and claim that you were defending yourself, it is up to the state to prove that your use of force was not justified.
While this may seem like the usual conservative political gambit, there is something larger than the singular murder of Trayvon Martin at issue. Stand your ground laws have repeatedly been shown to be biased. In fact, study after peer-reviewed study on the issue shows that Stand your ground laws result in more homicides, and there is no doubt who benefits. Research shows that white men who shoot black men are more likely to benefit from such laws, which means that the resurrection of the castle doctrine will most likely mean that more white men will get away with killing black men.
In 2012 John Roman of the Urban Institutes Justice Policy Center conducted a study of Stand your ground data using FBI statistics. He found that states with Stand your ground laws reflect the same disparities in homicide convictions found in states without such lawswith one significant exception:
Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings. In non-Stand Your Ground states, whites are 250 percent more likely to be found justified in killing a black person than a white person who kills another white person; in Stand Your Ground states, that number jumps to 354 percent.
Romans findings were still deemed inconclusive because he used data from 2005 to 2009 and had a very low number of comparable white-on-black homicides in Stand your ground states to compare (25). So Roman doubled back and completed a full, more thorough study and found that when the shooter is black, the homicide is justified in about 1 percent of cases in Stand your ground states. When a white person kills a black person in a Stand your ground state, the murder is justified 17 percent of the time (versus 11 percent in states without such laws).
More from Roman:
Finally, I tested whether these racial disparities remained when we controlled for whether the victim and perpetrator were strangers, the state where the incident occurred, the year of the homicide, and whether the shooting occurred in a SYG state. The racial disparities remain large and significant. In fact, the odds that a white-on-black homicide is ruled to have been justified is more than 11 times the odds a black-on-white shooting is ruled justified.
In another Stand your ground study that looked solely at cases in Florida, researchers discovered that between 2005 and 2013, Florida juries were twice as likely to convict the perpetrator of a crime against a white person as they were to convict in a crime against a person of color. These results are similar to pre-civil rights era statistics, with strict enforcement for crimes when the victim was white and less-rigorous enforcement with the victim is non-white, the report said.
The data is clear: Stand your ground laws benefit white people who kill blacks.
Maybe youve heard the story of Trevor Dooley, the 69-year-old man who said he was protecting his neighborhood, like another certain neighborhood watchman. Dooley went across the street to shoo away a skateboarder and got into a fight with David James, who was 28 years younger, 6 inches taller and 70 pounds heavier.
Dooley pulled out his gun, James lunged for it, they wrestled on the ground and James ended up dead. It sounds eerily similar to the Zimmerman case, except that a judge denied Dooley the use of the Stand your ground defense. There is one other big difference in the Dooley case: James, the dead man, was white, and Dooley was black.
This illustrates the larger point of the racially biased Stand your ground law. Despite all the statistical and mathematical evidence, America has yet to answer one simple scientific question:
Which weighs more: a dead black body or a little white lie?
Michael Harriot is a staff writer at The Root, host of "The Black One" podcast and editor-in-chief of the daily digital magazine NegusWhoRead.
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States Are Quietly Resurrecting a Law That Makes It Easier to Kill Blacks - The Root
- Missouri bill proposes to expand stand your ground law - Missourinet.com - March 30th, 2025 [March 30th, 2025]
- Netflix Nearing $5 Million Deal for Perfect Neighbor,' Sundance Documentary About Florida's Stand Your Ground Law (EXCLUSIVE) - MSN - February 9th, 2025 [February 9th, 2025]
- 'AJ' Owens' loved ones announce creation of new fund, hoping for changes to FL Stand Your Ground law - FOX 35 Orlando - November 28th, 2024 [November 28th, 2024]
- Family of woman killed by neighbor asks Florida to make changes to Stand Your Ground law - WFTV Orlando - November 28th, 2024 [November 28th, 2024]
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- It Can Happen Here - Harper's BAZAAR - September 11th, 2023 [September 11th, 2023]
- SD Supreme Court: 'Stand Your Ground' Law Is Not Retroactive - Yankton Daily Press - July 15th, 2023 [July 15th, 2023]
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- LETTER TO THE EDITOR Justice for A.J. Owens - Osceola News-Gazette - June 22nd, 2023 [June 22nd, 2023]
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- Washington County driveway killing raised in 'Stand Your Ground ... - The Post Star - May 20th, 2023 [May 20th, 2023]
- Ralph Yarl: Another victim of America's unjust racial bias and Stand ... - The Arkansas Traveler - May 20th, 2023 [May 20th, 2023]
- Attorneys Of OnlyFans Model Courtney Clenney Claim She Stabbed Boyfriend To Death In Self-Defense - MadameNoire - May 20th, 2023 [May 20th, 2023]
- 5 Years After A Mass Shooting At Santa Fe High In Texas, Critics Say Lawmakers Have Done Little - HuffPost - May 20th, 2023 [May 20th, 2023]
- Congressman Gaetz, Senator Mullin Introduce National Stand Your Ground Act - Congressman Matt Gaetz - May 8th, 2023 [May 8th, 2023]
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- Dadeville mass shooting cases now head to courts. What to expect ... - Montgomery Advertiser - May 8th, 2023 [May 8th, 2023]
- 'Stand Your Ground' laws promote violence The Hawkeye - The HawkEye - May 2nd, 2023 [May 2nd, 2023]
- The Conversation: 'Stand your ground' laws empower armed ... - Press Herald - May 2nd, 2023 [May 2nd, 2023]
- Hypocrisy on matters of life and death | Editorial - South Florida Sun Sentinel - May 2nd, 2023 [May 2nd, 2023]
- Darbys Stand Your Ground law immunity hearing denied - WHNT News 19 - April 30th, 2023 [April 30th, 2023]
- The Conversation: Stand your ground laws open invitation to violence - News-Register - April 30th, 2023 [April 30th, 2023]
- US gun violence is so bad countries should warn against travelling ... - openDemocracy - April 30th, 2023 [April 30th, 2023]
- Letters to the Editor Readers weigh in on Gov. Abbotts plan to pardon Daniel Perry - The Dallas Morning News - April 30th, 2023 [April 30th, 2023]
- Man charged after in connection to shooting 17-year-old, who allegedly tried to steal car, DeKalb Police say - 11Alive.com WXIA - April 30th, 2023 [April 30th, 2023]
- 'Stand your ground' laws empower armed citizens to defend property with violence a simple mistake can get you shot, or killed - The Conversation - April 22nd, 2023 [April 22nd, 2023]
- What Are 'Stand Your Ground' Laws, and When Do They Apply? - The New York Times - April 22nd, 2023 [April 22nd, 2023]
- What is a stand your ground law and which states have one? - BBC - April 22nd, 2023 [April 22nd, 2023]
- Legal Expert On Castle Doctrine, 'Stand Your Ground' Laws - KMAland - April 22nd, 2023 [April 22nd, 2023]
- 'Changes the grounds pretty significantly': What 'Stand Your Ground' law rollback means for Georgia - 13WMAZ.com - April 22nd, 2023 [April 22nd, 2023]
- Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News - April 22nd, 2023 [April 22nd, 2023]
- 'Stand Your Ground' laws have increased by 60% across U.S. since ... - Spectrum News - April 22nd, 2023 [April 22nd, 2023]
- Montgomery man guilty of manslaughter in Prattville slaying - Montgomery Advertiser - April 13th, 2023 [April 13th, 2023]
- Greg Abbott's Jury Nullification - by Charlie Sykes - The Bulwark - April 13th, 2023 [April 13th, 2023]
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- Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News - April 4th, 2023 [April 4th, 2023]
- Florida Senate to vote on permitless carry bill - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale - April 4th, 2023 [April 4th, 2023]
- Victims of spring break double shooting that left one dead are from metro Atlanta - WSB Atlanta - March 28th, 2023 [March 28th, 2023]
- Self-defense: How Floridas Stand Your Ground Law Works - February 24th, 2023 [February 24th, 2023]
- Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com - February 24th, 2023 [February 24th, 2023]
- Unclear if "Stand Your Ground" law will apply in Tampa shooting case of WNY native - WGRZ.com - September 22nd, 2022 [September 22nd, 2022]
- The Militias Never Left Kenosha - The Trace - September 22nd, 2022 [September 22nd, 2022]
- Shelby County sheriff expects no charges in deadly shooting because of Stand Your Ground law - WHIO - August 7th, 2022 [August 7th, 2022]
- Kansas cannot allow another death at the hand of authorities to go without notice and action - Kansas Reflector - July 4th, 2022 [July 4th, 2022]
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- Cleveland Co. District Attorney Will Not File Charges In Fatal Shooting Near OU Campus - news9.com KWTV - April 22nd, 2022 [April 22nd, 2022]
- Jussie Smolletts brother Jocqui insists the actors career will be absolutely fine - REVOLT - April 22nd, 2022 [April 22nd, 2022]
- Study links 'stand your ground' laws to uptick in homicides, but not everywhere - KJZZ - March 20th, 2022 [March 20th, 2022]
- 'Stand your ground' laws proliferate after Trayvon spotlight - ABC News - March 4th, 2022 [March 4th, 2022]
- LaTayla Billingslea Is Fighting for Gun Violence Prevention and Lifting the Voices of Young Survivors - Seventeen.com - February 5th, 2022 [February 5th, 2022]
- Borrello: Stand Your Ground is 'a fundamental right' - Olean Times Herald - January 31st, 2022 [January 31st, 2022]
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- 'Stand your ground' laws: Everything you need to know - CNN - March 22nd, 2021 [March 22nd, 2021]
- What are Stand Your Ground Laws? | Brady - March 22nd, 2021 [March 22nd, 2021]
- 'Stand Your Ground' Laws Are Racist, New Study Reveals - March 22nd, 2021 [March 22nd, 2021]
- States With Stand Your Ground Laws 2021 - March 22nd, 2021 [March 22nd, 2021]
- Instead of standing your ground, retreat when possible | Column - Tampa Bay Times - March 2nd, 2021 [March 2nd, 2021]
- Bill would add South Dakota to two dozen states that have stand your ground self-defense laws - KELOLAND.com - March 2nd, 2021 [March 2nd, 2021]
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- Stand Your Ground Law in Arkansas voted down by House committee - 5newsonline.com - February 3rd, 2021 [February 3rd, 2021]
- Use of force by 4 Hillsborough deputies involved in deadly shooting found to be justified - WTSP.com - February 1st, 2021 [February 1st, 2021]
- Lawyer suspended for Facebook advice on how to shoot an abuser and avoid conviction - ABA Journal - February 1st, 2021 [February 1st, 2021]
- Savannah City Council considers taking stand on stand your ground law with resolution - Savannah Morning News - January 30th, 2021 [January 30th, 2021]
- Column: DeWine had a chance to do the right thing and punted - The Columbus Dispatch - January 7th, 2021 [January 7th, 2021]