FAQ: Stand Your Ground in Miami

FAQ: Stand Your Ground in Miami

Stand Your Ground laws, which remove the duty to retreat before using force in self-defense, have been controversial across the United States. Florida passed its Stand Your Ground law in 2005, sparking debate about self-defense rights and public safety. This article provides answers to frequently asked questions about how Stand Your Ground works in Miami and Florida more broadly.

What is Stand Your Ground?

Stand Your Ground laws remove the common law duty to retreat before using force in self-defense. Traditionally, a person claiming self-defense had to show they exhausted all reasonable means of escape before resorting to force. Stand Your Ground laws state that a person has no duty to retreat and can “stand their ground” and use force if they reasonably believe it is necessary to prevent death or great bodily harm.

Florida’s Stand Your Ground law is codified in Sections 776.012 and 776.013 of the Florida Statutes. It provides immunity from criminal prosecution and civil action for a person who uses permitted force. The law presumes a reasonable fear of imminent peril of death or great bodily harm when using defensive force against someone who unlawfully and forcibly enters a dwelling, residence, or occupied vehicle^[1].

Who does Stand Your Ground apply to?

Stand Your Ground applies to any person who:

• Is not engaged in unlawful activity
• Is attacked in a place they have a lawful right to be
• Reasonably believes using force is necessary to prevent death, great bodily harm, or the commission of a forcible felony

If these conditions are met, the person has no duty to retreat and can stand their ground and use force, including deadly force if they reasonably believe it is necessary^[2].

What locations does Stand Your Ground apply in?

Stand Your Ground originally applied only to a person’s home, residence, or occupied vehicle. However, the law was expanded in 2017 to apply to any place a person has a lawful right to be present^[3].

So Stand Your Ground now applies both inside and outside the home, as long as the person is lawfully present in that location when they use defensive force.

When can’t you claim Stand Your Ground?

There are some important exceptions where Stand Your Ground does not apply^[4]:

• If the person using force is engaged in criminal activity
• Against law enforcement officers acting in the line of duty
• If the person initially provoked the confrontation
• If the other person already tried to withdraw or retreat

Stand Your Ground also requires that the person have a reasonable belief force is necessary. If the belief is found to be unreasonable, Stand Your Ground will not apply.

Does Stand Your Ground justify pursuing someone?

No, Stand Your Ground does not allow you to pursue or follow someone solely to use force against them. Some early misinterpretations of the law suggested this, but the statute only applies when a person is attacked and uses force in response.

Pursuing or confronting someone nullifies the ability to claim self-defense under Stand Your Ground^[5].

What kind of force can you use?

The amount of force used must match the threat that is faced. Stand Your Ground allows you to use force, including deadly force, if you reasonably believe it’s necessary to prevent death/bodily harm or a forcible felony.

For example, if someone punches you, you can’t use deadly force in response. But if someone threatens you with a weapon, deadly force may be justified under Stand Your Ground. The force used must be proportional and reasonable.

What if you use deadly force?

Use of deadly force is permitted only if you reasonably believe it’s necessary to prevent death, great bodily harm, or the commission of a forcible felony. If deadly force is used, Stand Your Ground provides immunity from criminal prosecution and civil action.

However, law enforcement will still investigate the circumstances of the incident. You may need to prove to investigators that your use of deadly force met the requirements of Stand Your Ground. Consult an attorney immediately if you use deadly force.

Does Stand Your Ground eliminate self-defense?

No, Stand Your Ground does not replace traditional self-defense – it enhances it by removing the duty to retreat. Self-defense and justification can still be claimed even if Stand Your Ground is found not to apply^[6].

However, Stand Your Ground makes self-defense easier to prove by not requiring retreat. It also provides immunity from prosecution if justified force is used.

What states have Stand Your Ground?

Currently over 25 states have some form of Stand Your Ground law, including:

• Alabama
• Alaska
• Arizona
• Florida
• Georgia
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Michigan
• Mississippi
• Missouri
• Montana
• Nevada
• New Hampshire
• North Carolina
• Oklahoma
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• West Virginia

The details of each state’s law vary, but they generally remove the duty to retreat before using force in self-defense.

Does Stand Your Ground increase crime?

There is disagreement about whether Stand Your Ground laws increase crime rates and violence.

• Supporters argue Stand Your Ground laws deter crime by allowing citizens to defend themselves. They say that knowing victims can use force discourages criminal activity.
• Critics argue the laws can encourage violence by allowing people to use deadly force even when it may be avoidable. They point to studies showing increased homicide rates in Stand Your Ground states.

The effects are still being debated and studied. But the consensus is that any impacts on crime appear small, and findings remain inconclusive thus far.

Does Stand Your Ground increase justifiable homicides?

Some research indicates that Stand Your Ground laws are associated with increases in justifiable homicide rulings:

• A study found a 24% increase in justifiable homicide rulings in Stand Your Ground states compared to states without the law[1].
• Another study found these laws are linked to large increases in homicide, especially among white victims, suggesting more killings are deemed justified[2].
• However, other studies have found uncertain or no effects on justifiable homicides[3][4].

The evidence overall seems to indicate Stand Your Ground may lead to more homicides being classified as justified self-defense. But the magnitude of this effect remains uncertain.

Are minorities disproportionately affected?

Some research suggests Stand Your Ground laws may disproportionately impact minorities:

• One study found the laws are linked to increased firearm homicides among minority victims[5].
• Another found substantial racial disparities in cases where Stand Your Ground is invoked, with white defendants much more likely to avoid charges compared to black defendants[6].

However, the overall evidence is still limited. More research is needed to determine if minorities are disproportionately affected by Stand Your Ground laws.

Conclusion

In summary, Stand Your Ground laws remain controversial and their impacts are still debated. But evidence suggests they may increase homicides and firearm injuries overall. There are also concerns about racial biases in the application of the laws. Those considering use of force for self-defense should fully understand their state’s laws and consult an attorney whenever possible.