Way Out of Control in the Sunshine State

Dream Defenders occupy Capitol Building offices and corridors.     AP

In an attempt to prompt the overturning of “Stand Your Ground” legislation, an undisclosed number of protesters occupied the Florida State Capitol building in Tallahassee, Florida, on Tuesday, July 16th.  

“Dream Defenders,” an activist organization, demanded a special session be called with state legislators to repeal these questionable laws.  The sit-ins were engineered in response to the not guilty verdict in the George Zimmerman trial.

On day two of the sit-ins, Governor Rick Scott (R) met with 7 of the protest leaders who discussed their demands and personal experiences with racial profiling.  They also expressed to the governor that the Martin shooting occurred on his watch and how it was his responsibility to do something about it. Governor Scott stated that a review of the various statutes has been conducted and he has no intention of repealing these laws. 

Florida’s “Stand Your Ground” laws gained notoriety during the investigation and trial surrounding the death of Trayvon Martin.  My knowledge regarding these laws, and prior to Trayvon’s murder, was limited to defense in one’s home.    

Since then it seems these laws have had a far greater and also unbelievable impact on life and death cases throughout the country.  Oddly, Florida seems to be leading the pack in the unbelievable mismanagement of judicial procedures involving these laws.

Twenty-six states in the US have adopted “Castle” doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from other locations. "Stand Your Ground," "Line in the Sand" or "No Duty to Retreat" laws 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.

"Stand Your Ground" governs U.S. federal case law in which the right of self-defense is asserted against a charge of criminal homicide.  The first Stand Your Ground laws appeared in 1895.  The Supreme Court of the United States ruled in Beard v U.S. that a man who was "on his premises" when he came under attack and did not provoke the assault, and believed that the assailant intended to take his life, or inflict bodily harm...was not obliged to retreat. He was entitled to stand his ground.

This law's effect on crime rates is widely disputed. The third edition of More Guns, Less Crime, by John Lott, says that states adopting “Stand Your Ground”/"Castle Doctrine" laws reduced murder rates by 9 percent and overall violent crime by 11 percent. But Harvard law professor, Alan Dershowitz, dismissed Lott's research, which was financed by the National Rifle Association, as "junk science at its worst."

In Florida, it appears these laws are disproportionately misrepresented and poorly serving the population.  In many cases, they even appear to be significantly abused.  Here are a few examples.

Mentioned merely as a foot note by trial commentators during the Zimmerman trial, yet widely discussed on social media, the nation has been made aware of the case of Marissa Alexander.

Sentenced to 20 years for firing a warning shot.

August 1, 2010, Marissa Alexander, 31, of Jacksonville, Florida, became involved in an altercation with her husband, Rico Gray.

Rico Gray was in a jealous rage and has a history of domestic violence.  Marissa made her way to the garage and retrieved her handgun fearing she would have to defend herself.  With gun in hand she turned to find Rico.  Enraged, he had trapped her and was threatening to kill her before he would allow her to see anyone else.  She fired a warning shot and he retreated.  She was arrested and claimed self-defense. 

Denied the use of the “Stand Your Ground” statutes, she was convicted and sentenced to a mandatory 20 year sentence.  State Attorney Angela Corey, who oversaw the prosecution of George Zimmerman, also prosecuted Alexander.

Jordan Davis killed for playing music too loud in a parking lot.

Another travesty soon to grip the nation’s attention is the case of Jordan Davis, another 17 year old African American.  He was shot three times and killed in a convenience store parking lot in Jacksonville, Florida. 

The shooting followed a dispute over the volume of the music being played in the vehicle Davis was riding in. His assailant, Michael Dunn, 46, claimed a shotgun was aimed at him from the backseat, prompting him to unload 10 shots into the Dodge Durango Davis was riding in.  Dunn is citing “Stand Your Ground” as his defense.  No weapon or anything resembling a firearm could be found in the vehicle.

These are only two of the more high-profile “Stand Your Ground” cases gaining attention in Florida. 

It is obvious to me that things are way out of control in the Sunshine State.  Is this what Americans want to see?  The law of the gun?  Murder in the streets? It’s time to do away with these archaic laws.

Not enough proof for you? View the HuffingtonPost.com slideshow detailing 15 additional “Stand Your Ground” cases in which Floridian shooters all walked away free. Too much American blood has been spilled and no justice has been found.

I'm not hatin, I'm jus sayin...