A "stand your ground" law gives one the ability to use deadly force in self-defense without having to retreat if faced with a reasonably discernible threat to one's life, and does not include a "duty to retreat" like self-defense laws that adhere to the Castle Doctrine. The law has sparked much controversy due to the Trayvon Martin case. I don't want to get into the particulars of the case since the investigation is in its discovery phase, and as such, I don't want to rush to judgement. If this is a case of vigilantism, especially if racially motivated, I'm going to be angry. If it's a legitimate case of self-defense and certain individuals are making George Zimmerman a target [with the intention] to heighten racial tensions, I will also be angry. Either case, the jury is still out, and I would much rather focus on the concept behind the "stand your ground" laws, mainly that of self-defense.
The notion of self-defense is not one that is only grounded in Jewish law, but also in common law. The concept of self-defense in secular law has been influenced by such works as Hobbes' The Leviathan and Locke's Two Treatises of Government. Although the case is more than a century old, the most recent case law in the Supreme Court specifically dealing with "stand your ground laws" is Beard v. United States, which stated that even though the law views life as sacred and worth protecting, a life can be taken out of necessity if the threat of life is imminent.
Critics of such laws find issue with it because it can cultivate a mentality of "shoot first and ask questions later" that would cause society to regress back to the "lawlessness of the Wild West." As I pointed out a while back, if this were the case in practice, we wouldn't see more states pass concealed carry legislation and other laws that favor self-defense and the Second Amendment. A recently published Cato Institute study not only illustrates that defensive gun use has prevented thousands of crimes per annum, but it also makes a strong case for self-defense.
Why Florida's legislatures crafted the "stand your ground" laws in a way that it makes prosecution of the suspect exceedingly difficult to the point where the case can be thrown out when a suspect cries "self-defense" is beyond me. The death of Trayvon Martin should certainly be investigated, and Zimmerman should at least be charged. "Stand your ground" laws or the Castle Doctrine are not created with the intent to give people a carte blanche to murder people. If it turns out that Zimmerman did not kill Martin out of self-defense, he should be charged with murder and get a strong dose of justice. However, none of this negates the fact that individuals have the de jure right, as well as the natural right, to defend [one's] life if imminently threatened.
America's support for human rights and democracy is its noblest export to the world.
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