Guides
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Petty Theft: Definition and Consequences
- What is a Life Sentence?
- How to Find Out if Someone Has a Warrant?
- Marriage License vs Certificate: Everything You Need to Know
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- Filing a false police report
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- How to Find Someone's Location Using Their Cell Phone Number?
- What Is a Restricted Call?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- How to Find a Missing Person?
- How to Send Money to a Federal Inmate?
- DUI vs DWI: What're The Differences
- How Long After Buying a Car Do You Need to Register it?
- How to Find out Where Someone Lives?
- What Happens If You Get Caught Driving a Car Without Interlock
- Situational Crime Prevention: Theory, Techniques and Examples
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases Guide for Police Officers and Investigators
- Court Order: Meaning, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Uses of Public Records
- US Antitrust Law
- Virginia Gun Confiscation Law
- How Do You Find Out Who Own a Property?
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Locate Inmates and Access Jail Records?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up an Immigration Detainee?
- Famous Prisons in the USA
- How to Find Out Who Owns a Vehicle Using Reverse Lookup Tools
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Copyright Law and Facial Recognition Technology
- What Shows up in a Background Report
- Car Repossession Laws: Dealing with Car Dealers and Auto Fraud
- How to Protect Yourself from Phone Scams
- Human Rights in the Prison
- Business Competition: Laws and Policies
- Hate Crimes: Reasons, Stats and Facts
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- Getting a driver's license in the US: What to Know
- Car Theft in the US: Prevention and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What if You Get Into a Car Accident? A Complete Checklist
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Sex Offender Search
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- What are the Traits of a Sociopath?
- Do You Know Who Your Neighbors Are?
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- Do You Know What's the Difference Between Jail and Prison?
- Homeowner’s Insurance, Is it a Public Record?
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- What You Need to Know When Buying or Selling a Used Car?
- School Safety and Security Standards
- Guide to Making Your DMV Experience Hassle Free
- How to Prepare For an Active Shooter Incident
- How to Report a Crime?
- How to Protect Yourself Against Cyber Attacks
- 50 Things to Know When Filing for Divorce
- What to Do When You Are Stopped By the Police
- Tips for Back-to-School Safety and Security
- Guide to Filing for Bankruptcy
- How to Appeal the Court's Decision
- A User's Guide to Warrants
- How to Fight a Traffic Ticket?
- Keeping Your Neighborhood Safe For Your Family
- A Parent's Guide to Keeping Your Child Drug-Free
“Stand Your Ground” Laws
Laws in more than 25 states allow a person defending himself or his property to use deadly force against an intruder or attacker. Called “stand your ground” laws, these have been used successfully to excuse a defendant from prosecution, even in cases where the intrusion or aspect of self-defense was doubtful.
The law was tested in the 2011 U.S. Supreme Court Case from Oklahoma, Dawkins v. State, which clarified that the defendant may not be involved in illegal activity at the time of self-defense.
State laws vary in their application of stand your ground, including some that require a defendant to exit the situation (retreat from confrontation) if at all possible. The following states have stand your ground laws: Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. States that limit their laws to castle doctrine only (one must be in a home) include Arkansas, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New York, New Jersey, and Rhode Island.
Florida’s version of stand your ground is often cited as the most liberal, allowing a person the right to expect absolute safety in any place they have the lawful right to be. In Florida, the “victim” doesn’t have to be engaged in unlawful activity but may be threatening the shooter in some way (even if that threat only exists in the shooter’s mind). The National Rifle Association is credited with writing much of Florida’s law, not unexpected in a state with a “shall issue” gun permit regulation that allows nearly anyone to carry a weapon.
Along with studies examining the effect of the law on each state’s homicide rate, racial bias appears to be at play: there is evidence that the law is applied most often when the gunman is white and the perpetrator is a minority.
A study by the American Bar Association shows that most states have dispensed with the “duty to retreat” in favor of broad interpretations of self-defense gun laws such as stand your ground.
Test Cases of Stand Your Ground Law
The 2012 shooting of Florida teenager Trayvon Martin was a significant test of this law that received national attention. Martin was walking through a gated community where he was visiting his father’s fiancee when he was approached by George Zimmerman, who was the Neighborhood Watch captain. Zimmerman had called the police proactively, reporting Martin’s presence before approaching the teen. He claimed Martin attacked him, allowing him to use the stand your ground defense because he believed his life was in danger from the 5’11” 158 lb. teen although he was the one who pursued Martin.
Police sometimes say they cannot arrest a person who may use the “stand your ground” defense. That may differ from one state to another. In Florida, the law does allow a person to use lethal force in self-defense even when there are opportunities to retreat. In 2018 when a man initiated a parking lot fight then shot the man he attacked, police initially believed they didn’t have the power to arrest the shooter. However, state prosecutors determined that there was sufficient proof that the man did not act in self-defense and charged him with manslaughter.
Studies of the crime rates in states that have enacted stand your ground laws have shown varying results: one study said that the laws contribute up to 600 additional homicides a year, another said that non-residential burglaries increased as a result; a Journal of the American Medical Association report said that the rate of homicides by gunshot went up more than 30 percent following Florida’s adoption of the law.
The Castle Doctrine defense
Based on the “Castle Doctrine,” stand your ground laws began showing up in the late 1980s when violent crime was nearing an all-time high in the United States. In 1991, overall crime peaked at 5,856 per 100,000, with violent crime peaking at 716 per 100,000. The violent crime rate is now about half of that, around 366 per 100,000. The overall crime rate has fallen precipitously in the past 25 years and currently sits at about 2,857 per 100,000. In the same period, the murder rate fell by 50 percent.
Castle Doctrines are legal principles, not laws in themselves. The principle here is that a person whose home (or castle) is intruded upon has the right to defend it against those reasonably assumed to be committing a felony by entering the home illegally. The presence of fear is sufficient to invoke the Castle Doctrine in self-defense, a concern for one’s own life or the lives of others in the home.
Outside of the home or abode, the Castle Doctrine does not apply, and an individual generally has the obligation to avoid a violent confrontation when possible. However, this is where “stand your ground” laws come into play, allowing an individual the right to self-defense in a vehicle or any other location where he is legally allowed to be.