The Evidence Shows That “Stand Your Ground” Laws Undermine Law Enforcement and Public Safety

Source: Robert J. Spitzer – State University of New York at Cortland, Scholars Strategy Network, Key Findings, July 2015

Ten years ago, the state of Florida beefed up its “stand your ground” law – a law allowing a person who harms or kills another, often with a gun, to escape prosecution by claiming that he or she felt threatened and acted in self-defense. In other words, Florida’s law – and many others like it – lets assailants go free merely by asserting their belief that the use of force was necessary to prevent serious harm or death to themselves or bystanders. Those who assert such beliefs become according to Florida law “immune from criminal prosecution and civil action.” Prosecutions are not entirely ruled out, but authorities must meet very difficult standards to pursue cases. …. The evidence is clear: Expanded stand your ground laws combined with more gun-carrying increases unnecessary violent confrontations and deaths. With more than 11 million Americans now licensed to carry guns, we need policies to defuse or avert public confrontations – and police and prosecutors must be able to conduct full investigations when incidents occur. A February 2015 American Bar Association report urges states to scale back legal immunity and restore the “safe retreat” standard in public places – a standard that requires people who feel threatened to avoid confrontation if they can do so safely. Since the beginning of 2015, legislators in ten states, including Florida, have introduced such measures. But many reform proposals are stalled, and 13 states are actually deliberating bills that would fortify stand your ground practices….