OFF THE WIRE
Trayvon Martin and "Stand Your Ground" Laws
The Trayvon Martin case has drawn national attention. From Representative Bobby Rush (D-Ill.) sporting a hoodie on the House floor to the numerous protests in cities across the U.S., many folks are asking how this kind of killing can be considered legal.
It all hinges on Florida's "Stand Your Ground" law, also known as a "Line in the Sand" and "No Duty to Retreat" law. This law allows citizens to use "deadly force in self-defense." They stipulate that a person has no duty or other requirement to abandon a place in which he or she has the right to be, or to give up ground to an assailant.
Put simply, if you are confronted on the street by a person with a knife, you can use deadly force in your defense. However, these laws have only been enacted in some states: Florida, Illinois, Kentucky, Montana, North Carolina, Oklahoma, Texas, Utah, Washington, and West Virginia. A number of the other states are still considering some form of the law.
An important part of the George Zimmerman and Trayvon Martin case will center around whether Zimmerman reasonably believed he was about to be seriously harmed by Martin. There are countless variables in a he-said she-said case like this and actual evidence will weigh heavily. George Zimmerman may avoid criminal liability and even civil wrongful death liability, since Florida provides immunity for those acting under this law.