Wednesday, April 11, 2012

Stand Your Ground: Licensed to Kill!

It's time to Break It Down!

For over six weeks now, the media has engaged the nation in a spirited discussion of the merits and challenges of the law commonly known as “Stand Your Ground”(SYG).  The catalyst for this expository discourse is the shooting death of Trayvon Martin by George Zimmerman on February 26th.  I addressed this topic directly in post three weeks ago, and I will not rehash the specifics of that case.

In these few moments my focus is on the relationship, correlative or coincidental, between “SYG” laws, and increases in the homicide rate.  Intuitively, one might be led to think a measure that permits and validates the use of deadly force, in instances when one fears for his or her life, might lead to more people shooting folks in close quarters…which in turn may lead to more those folks dying of gunshot wounds…hence, an increase in homicides.

By and large, proponents of these measures subscribe to the notion that guns don’t kill people; criminals do.  Of course that notion allows for the rapidly expanding exception which includes the cases of the people whose rights these proponents support; “people who kill the criminals they fear are threatening their lives by attacking them.”

Mr. Zimmerman shot Martin in Sanford, Florida, near Orlando.  Florida led this movement, adopting SYG in 2005.  Since then, various forms of the law have been adopted in 32 more states, according to the Associationof Prosecuting Attorneys.  This proliferation has been heavily influenced by a campaign led by the NationalRifle Association (NRA) and the AmericanLegislative Exchange Council (ALEC), both of which continue to push the issue.  The measure has currently stalled in several states, due to fallout from the Martin case.

The American psyche reeled from fallout emanating from the attacks of September11, 2001, and was further alarmed by the lawlessness depicted across Florida and in New Orleans after Hurricanes Frances and Katrina in 2004 and 2005, respectively.  This perfect storm state, so to speak, left countless Americans susceptible to the Siren’s Song of the Gun Lobby.  With those disconcertingly uncomfortable moments as a backdrop, the nation found itself ripe for the message that expanding the Castle Doctrine (A man’s home is his castle, briefly speaking), was a good idea; SYG was just the ticket.

It has been seven years since Florida enacted the SYG law.  During the ensuing years, in Florida, and in other states that adopted similar laws, the measure has become an effective defense for an increasing number of people who have shot others, according to state records and media reports.

There is a healthy debate about the laws effect on crime rates.  Dennis Baxley, author of the Florida version of the law, claims the crime rates in Florida have dropped significantly since 2005 when the law was enacted, and 2012.  However, while that is true, a more in depth look at the matter reveals crime rates in Florida, as in the rest of the nation, have been dropping steadily since before 2000.  Moreover, the decline did not accelerate due to SYG.

Nationally, studies suggest a variety of factors have led to the decline in crime, including:

  • High incarceration rates
  • Less use of cash
  • Legalization of abortion (fewer poor young people)
In concert with the alternative reasons for falling crime rates, critics of SYG have pointed out a number of causes for concern about the law.  Some of them are:

  • Criminals will use the law as a defense for their actions
  • More people will carry guns
  • People will not feel safe because anyone can use deadly force to settle a conflict
  • Misinterpretation of clues will lead to use of deadly force when there is no threat
  • Racial & ethnic minorities will be at greater risk because of stereotypes
So how do the facts square with intuition and inference?  I’m glad you asked!  According to data supplied by the Florida Department of Law Enforcement, and FBI statistics, justifiable homicides have tripled in Florida, and other states have experienced similar increases.

During the five years preceding the adoption of SYG, Florida prosecutors declared justifiable an average of twelve killings by private citizens per year.  In the five years following the law’s enactment, that number increased to 36, or a 300% increase.  In the event you wondered, it should be noted the increase in the number of people shot by police is comparable to the increase by private citizens.

Not surprisingly, opinions regarding whether there is a direct correlation vary, depending on the position of the analyst.  The state of Florida and the Florida prosecutors association have declined to assert a direct correlation.  However, the state’s public defender’s association and a number of advocacy groups that oppose the law have drawn just that specific connection.

Beyond Florida, The Association of Prosecuting Attorneys, a national group, argues that SYG is not just a technical expansion of the Castle Doctrine, the ancient legal concept that allows property owners to defend their homes, but rather a barrier to prosecution of genuine criminals.

As Steven A. Jansen, the group’s vice president put it, “It’s almost like we now have to prove a negative – that a person was not acting in self-defense, often on the basis of only one witness, the shooter.”

At this point, in response to the query “How to the facts line up with my pre-judgment,” I am inclined to view the correlation as substantial; in fact direct.  As I see, the heading “Stand Your Ground: Licensed to Kill,” is Dead On (pun intended)!

I’m done; holla back!

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