Friday, April 13, 2012

Trayvon Martin case shows Florida Law needs to be reviewed


The shooting and death of  17 year old Trayvon Martin relates to the Florida “stand your ground law”.   Trayvon Martin was shot and killed by a neighborhood crime watch volunteer who followed Trayvon after calling 911 to report a suspicious person walking in the neighborhood. The PBS article“ Shooting Death of Teen Raises Questions about Florida law” made me think that the law should be reviewed. This is because the law is based on a self-defense claim, which some people can take advantage of to appear innocent when they were really the initial aggressor.

            The Florida “stand your ground law” has many problems.  First, the law allows for a broad self-defense claim. If an accused person believes they are in “ imminent danger” they are not forced to retreat and can defend themselves.  This is a problem because it is subjective which means that a person may not actually be in danger but feel and act as if they are. In addition, since 2005, after Florida passed the “stand your ground law”, 31 states have passed similar laws.  Claims of self defense in murder cases have gone up drastically.  According to a New York Times Article, “ A Florida Law Gets Scrutiny After a Teenager’s Killing”, which is cited in the PBS article, the problem is especially serious in Florida because Florida law allows almost anybody to own a gun. Therefore, the “stand your ground law” often comes up in murder cases.

Another issue with the “stand your ground law” is that it’s very hard to disprove self defense claims in murder cases. According to the New York Times article, police and prosecutors are often unable to show that a person was actually the aggressor or didn’t act in self defense.  This is because the victim is dead and can’t tell their side of the story.  In fact gang members and drug dealers have used the “ stand your ground law” against murder charges.

The Trayvon Martin case and other cases like it demonstrate the serious problems with the Florida “stand your ground law.” The law has increased the number of self defense claims but also has made it much harder for the police and prosecutors to show where people accused of murder who are not innocent are using the law to avoid being convicted of murder.  It’s really scary to think that gang members and drug dealers can use the “ stand your ground law” to their advantage. Because of these problems the law should be reviewed

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