Stand your ground-ification of America

A great essay by Dahlia Lithwick on how the whole concept of Stand your Ground laws have infected our approach to the law and gun violence.  Key parts:

Given all this, it’s not unreasonable to argue that, in America, you can be shot and killed, without consequences for the shooter, for playing loud musicwearing a hoodie, or shopping at a Walmart. The question is whether the wave of “stand your ground” legislation is to blame.

Let’s first define terms: “Stand your ground” laws are different from the Castle Doctrine, which has its roots in centuries-old British common law and allows you to use force to protect yourself in your home. “Stand your ground” essentially provides that you can bring your castle wherever you go. The rule allows you to shoot first, not just in your home, but anyplace you have a right to be and is a much newer, and more controversial, proposition…

I might go further. I might say that whether or not specific jurisdictions define self-defense to include a duty to retreat, and whether or not specific juries are charged to apply it, America is quickly becoming one big “stand your ground” state, as a matter of culture if not the letter of the law.

The fact that “stand your ground” defenses have been staggeringly successful in Florida in recent years (one study shows it’s been invoked more than 200 times since being enacted in 2005 and used successfully in 70 percent of the cases) suggests that it’s been embedded into more than just jury instructions. Perhaps unsurprisingly, aTampa Bay Times study from 2012 shows that “as ‘stand your ground’ claims have increased, so too has the number of Floridians with guns…

And it’s not just cultural expectations that are shifting. We’re also shifting what we ask of our jurors. Under “stand your ground,” we are asking jurors to impose a subjective test about whether the shooter was experiencing a profound moment of existential panic. We are asking them whether—in a country seemingly full of people who are both armed and terrified that everyone else is armed—shooting first makes sense. By redirecting jurors to contemplate whether people who are armed and ready to kill are thinking reasonably about others they believe to be armed and ready to kill, we have created a framework in which one’s subjective fears about the world are all that matters. [emphasis mine]

After Trayvon Martin was killed, for a long time it was fashionable to say, “I am Trayvon Martin,” in solidarity with him and his family. But a far more worrisome possibility has begun to creep into our culture. With each successful “stand your ground” claim, explicit or implicit, we are all in peril of becoming more frightened, more violent, and more apt to shoot first and justify it later. The only thing more terrifying than the prospect of becoming a nation of Trayvon Martins is the possibility that we are unconsciously morphing into a nation of George Zimmermans.

This is the America the NRA wants.  And sadly, it’s getting it.  Call me crazy for suggesting we’d all be better off if there were just a hell of a lot less guns out there.

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About Steve Greene
Professor of Political Science at NC State http://faculty.chass.ncsu.edu/shgreene

One Response to Stand your ground-ification of America

  1. kp152 says:

    I’m sorry, but I can’t call you crazy. I agree with you.

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