Florida 'Stand Your Ground Law' at Center of Trayvon Martin Shooting
Florida is among 21 U.S. states with a "Stand Your Ground Law," which gives people wide latitude to use deadly force rather than retreat during a fight. The self-defense law helps explain why a neighborhood watch captain has not been arrested in the shooting death of an unarmed black teenager — a case that has caused widespread outrage.
MIAMI — Florida is among 21 U.S. states with a "Stand Your Ground Law," which gives people wide latitude to use deadly force rather than retreat during a fight. The self-defense law helps explain why a neighborhood watch captain has not been arrested in the shooting death of an unarmed black teenager — a case that has caused widespread outrage.
The Florida law lets police officers on the scene decide whether they believe the self-defense claim. In many cases, the officers let the courts work out whether the deadly force was justified. In this case, however, police have said they are confident they did the right thing by not charging 28-year-old George Zimmerman, a white Hispanic.
The shooting's racial overtones have sparked a national debate over whether the shooting was warranted.
Zimmerman told police he was attacked by 17-year-old Trayvon Martin after he had given up chasing the boy and he was returning to his truck. He had a bloody nose and blood on the back of his head, according to police. Martin's family questions Zimmerman's story and believes if their races were reversed, there is no doubt a black shooter would be jailed, even if he claimed self-defense.
"They are making it look like Zimmerman is the victim, and their son is in the grave," Benjamin Crump, attorney for Martin's parents, said of the police. "It's about equal justice."
The U.S. Justice Department and FBI have opened a civil rights investigation, and the local prosecutor has convened a grand jury April 10 to determine whether to charge Zimmerman.
Based on what's publicly known about the case, Michael Siegel, a former federal prosecutor who now directs the Criminal Justice Center and Clinics at the University of Florida law school, said it appears police were too quick to decide whether Zimmerman should be charged. If the evidence is murky, he said the usual practice is to make the arrest and let the court system sort it out.
"The law has definitely shifted and given a signal to law enforcement to be more careful," he said. "But in a case where the self-defense claim is weak, you would think they would do their job."
In a statement released Wednesday, Sanford Police Chief Bill Lee insisted his officers were "prohibited from making an arrest based on the facts and circumstances they had at the time," including physical evidence that supported Zimmerman's self-defense claim. Lee added that it's now up to prosecutors to determine whether to bring charges.
Under the National Rifle Association-backed law passed in 2005, Florida, unlike most other states, grants immunity from prosecution or arrest to suspects who successfully invoke the "stand your ground" claim. And if a suspect is arrested and charged, a judge can throw out the case well before trial based on a self-defense claim.
Still, it's not enough for Zimmerman or anyone involved in a confrontation to simply claim innocence based on no duty to retreat, said Fordham University law professor Nicholas Johnson.
"By the Florida law, he is not relieved of the traditional and basic requirement of showing that he fairly perceived an imminent deadly threat," Johnson said.
Crump said the teenager was carrying a bag of candy and a can of ice tea he had bought at a nearby convenience store when Zimmerman began following him in his sport utility vehicle. Zimmerman, meanwhile, was armed with a 9mm semiautomatic handgun, which he had a permit to legally carry.
"So the facts that have come out that I have become aware of would tend to indicate he should not be granted immunity," Roger Weeden, an Orlando defense attorney closely following the case, said of Zimmerman.
State figures indicate that justified use of deadly force by private citizens is on the upswing.
Florida Department of Law Enforcement statistics show that before the law was enacted in 2005, there were about 13 justified killings each year by citizens from 2000 to 2005. Between 2006 and 2010, the average has risen to 36 justified killings each year.
Some state lawmakers are questioning whether the law should be revisited.
State Sen. Chris Smith said he is preparing a bill that would not allow a self-defense claim in cases where the shooter appeared to provoke the victim. That could have be a factor in the Martin case, where emergency calls and other evidence show that Zimmerman was following the teenager in his vehicle and approached him aggressively despite specific instructions from police to back off.
Lee said in a statement that the police dispatcher's "suggestion" to Zimmerman that he did not need to follow Martin "is not a lawful order that Mr. Zimmermann would be required to follow."
Republican Gov. Rick Scott, who was elected after the law's passage, said he's open to suggestions if the Martin case illustrates problems.
"If there's something wrong with the law that's in place, I think it's important we address it," Scott said Tuesday. "If what's happening is it's being abused, that's not right."
Copyright 2012 The Associated Press.
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