Stand Your Ground Vs. Self Defense

by | Jun 20, 2014 | Blog | 0 comments

So as we move forward in our struggles and everyone continues to talk about the need to repeal SYG laws it becomes important to examine what those laws actually are because things can get confusing with all the rhetoric going on. One point of mention here is that neither George Zimmerman nor Michael Dunn used Stand Your Ground, they used self-defensed, the same is said for Marissa Alexander. So let’s get right into it.

The primary difference between SYG and self-defense in a lot of states is that SYG offers immunity while self-defense doesn’t. What that means is that if someone claims SYG and the officers determine that it was in fact SYG then there are no charges filed and no court dates set.  If it does go to trial and the Judge determines its SYG then the trial is dropped and the defendant is free to go, however the prosecution can appeal. However S-D is a defense used during trial in an attempt to prove that the act committed was justified by the surrounding situations.

This is also not to be confused with Castle Doctrines and Principles that have been adopted into several states laws. Castle Doctrines state that if you are attacked in your home or vehicle you don’t have to leave and can stand and defend with lethal force if necessary. While Stand Your Ground in Florida did essentially make everyone a walking castle because they didn’t have to flee from any location they were legally able to be conducting themselves legally, we can’t forget that it also gave immunity to its evokers.

Sadly what this also means is that even without SYG George Zimmerman could have killed Trayvon and we would be in the same situation. Even without SYG Michael Dunn could have killed Jordan Davis and we would have gotten the same result.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html

http://en.wikipedia.org/wiki/Stand-your-ground_law

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