Attorney General Eric Holder, speaking to the NAACP after the George Zimmerman acquittal, has called for reexamination of expanded self-defense laws typified by the Florida stand your ground law:Separate and apart from the case that has drawn the nation’s attention, it’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if – and the “if” is important – no safe retreat is available. But we must examine laws that take this further by eliminating the common sense and age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely. By allowing and perhaps encouraging violent situations to escalate in public, such laws undermine public safety. The list of resulting tragedies is long and – unfortunately – has victimized too many who are innocent. It is our collective obligation – we must stand our ground – to ensure that our laws reduce violence, and take a hard look at laws that contribute to more violence than they prevent.
The Monkey Cage - an excellent political science blog, reports:
At least two empirical papers have found that Stand Your Ground (SYG) laws like the one in Florida are associated with an average increase rather than a decrease in firearm homicides. This plausibly occurs because the deterrent effects of such laws are outweighed by the increase in the range of legal defenses for the use of lethal violence that become available to attackers. WhileSYG laws are meant to protect defenders, the absence of impartial witnesses makes it difficult in many cases to determine who ought to have had a “reasonable fear” of whom.
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