Cherry-Picking History: How Stand-Your-Ground Laws Have Perpetuated Racial Disparities in the Legal System

The origins of self-defense 

It is undeniable that the idea of self-defense has been irrevocably ingrained in America's history since its founding. The concept of self-defense in America began with the dissatisfied colonists seeking to defend themselves against a tyrannical British government. As Thomas Jefferson asserted in the Declaration of Independence, “whenever any Form of Government becomes destructive of these [certain unalienable Rights], it is the Right of the People to alter or to abolish it.” From this came the conception of the American right to defend itself against Britain’s violent attempts to preserve tyranny. 

Further evidence of the origins of self-defense can be seen through the infamous Boston Massacre, where British soldiers killed five Boston colonists. This incident marked a significant moment in American history that proved to colonists the danger of British oppression. In the following years, colonists prepared for their fight for independence by organizing a standing militia. In the late 18th century, gun ownership was actively encouraged because militias often required minutemen to possess their own firearms. These origins likely led to the creation of the 2nd Amendment, and the political, social, and cultural contexts that came to shape gun ownership and self-defense in America. 

The cherry-picking surrounding “Stand your ground” laws

While the argument for self-defense in colonial America largely fits the context of its surrounding circumstances, today this reasoning has been cherry-picked to support a dangerous justification for immediate, violent action. In terms of self-defense, the American system has long been highly selective in its justifications of deadly force, essentially ‘cherry-picking’ convenient evidence while ignoring the modern context that contradicts much of this archaic argument.  

“Stand your ground” laws were introduced in the early 2000s, with Florida being one of the first states to enforce them. Florida’s 2005 law builds on the "castle doctrine" from English common law, stating that individuals have the right to use reasonable force to defend themselves from an intruder into their “castle.” In practice, these laws remove the “duty to retreat,” a legal principle that requires an individual to make a reasonable effort to withdraw or escape a threatening situation before using force in self-defense (and in particular, deadly force). This principle means to support de-escalation rather than violent confrontation, and seeks to avoid life-threatening conflict. 

The serious implications of SYG laws 

With the modern enforcement of SYG laws in almost 35 US states, a 2022 study linked these “shoot first” laws to an 11% increase in monthly gun homicides nationwide. Additionally, research analyzing FBI data between 2019 to 2023 found that in states with SYG laws, homicides where white shooters killed Black victims, the cases were deemed justifiable self-defense four times as often as when the roles were reversed. The same study found that in 57% of Florida’s SYG cases, the shooter could have safely retreated to avoid further confrontation. Instead of promoting safety and de-escalation, SYG laws allow for a loophole in the law for only certain people to benefit from. 

Not only do these laws promote firearm homicide, but they also clearly show signs of encouraging private vigilantism and an increase in prejudice against the Black community. One study done by the Urban Institute demonstrates just how much discrepancy exists between White and Black defendants in SYG self-defense cases. In cases where the shooter was White and the victim was Black, the rate of justifiable homicide under SYG laws was found to be around 34%. In cases where the shooter was Black and the victim was Black, the rate of justifiable homicide dropped to just 3%. This is horrifying proof of the racial disparities encouraged by SYG laws, resulting from a gross reframing of an archaic history. 

The tragic murder of Trayvon Martin is one case that is all too familiar in the discussion of SYG laws. With the Florida SYG law removing the duty to retreat from the shooter, George Zimmerman fatally shot and killed Martin after calling the authorities to report a ‘suspicious person.’ Although he was instructed not to follow or confront Martin, Zimmerman pursued the teenager, later claiming that he was attacked by Martin and had no choice but to defend himself using deadly force. During Zimmerman's trial, the SYG law was essentially used as his self-defense argument, resulting in his acquittal. In the wake of this harrowing case, Civil Rights attorney Ben Crump labeled the Florida SYG law “a virtual get-out-of-jail-free card that is essentially a license to kill.”

The future of SYG laws 

Many people defend the validity of SYG laws by emphasizing their ability to give the violated person momentary discretion. As the title of the law suggests, someone who is confronted can stand their ground to defend themselves from imminent danger. However, without the duty to retreat first, SYG laws inevitably promote an escalation of extreme circumstances that invite people to disregard safe retreat when available. The use of the castle doctrine in defending SYG laws is far out of line with the modern state of security and civility that 21st-century society has achieved. 

The argument for SYG laws does not fit sufficiently into the context of today’s world. Unlike the American colonists, ordinary citizens today do not face imminent danger and are not required to own their own firearm as a means of being militia-ready. Of course, there are still threats to personal safety in the modern day, but today’s resources and technology have created a much safer world in comparison to the days when invaders could simply jump over a castle wall to break in. It is time for the American legal system to stop cherry-picking and start creating a system that fits the modern contexts and truths of the 21st century.

Image Source: From the cover of Stand Your Ground: A History of America's Love Affair with Lethal Self-Defense  by Caroline E. Light