Understanding "Stand Your Ground"

The slaying of Trayvon Martin by George Zimmerman has prompted national outrage over Florida’s “Stand Your Ground” law. Unfortunately, this law has been grossly misunderstood. Even CNN’s senior legal analyst mistakenly claimed that the law “allows a disproportionate response; if someone comes at you with a fist, you can reply with a gun.”

Some Floridians believe that if he or she is in any sort of danger they can use deadly force, no matter how unreasonable. These impressions of the law are wrong. In Florida, a person declaring self defense must prove that he logically believes that such force was required to protect himself from imminent and unlawful use of force by another person. And the person claiming self defense cannot be the initial aggressor. To use deadly force, as George Zimmerman did, a person must also reasonably believe that the aggressor threatened him with death, bodily injury or intended on committing a forcible felony such as robbery, kidnapping or rape. Under the “Stand Your Ground” law, Zimmerman must now prove that Martin was a mortal threat and his use of deadly force was justified.

Even with Florida’s “Stand Your Ground” law, Zimmerman will have difficulty proving a successful self defense claim. This law does not permit individuals to use disproportionate force during self defense and now Zimmerman will have have demonstrate that he reasonably feared for his life or great bodily harm. He will also have to prove that he was not the initial aggressor.