by jshuberg on Tue Apr 03, 2012 2:14 pm
Well, it appears that the stand your ground law is going to go under extreme scrutiny because of this event. Unfortunately, I believe that most people have a serious misunderstanding on what the law allows and what it doesn't. I've literally heard dozens of times that 'stand your ground doesn't mean you can chase someone down', etc.
The 'stand your ground' law does one and only one thing: It removes the duty to retreat from an individual who is forced to defend himself against great bodily harm or death.
Sitting in front of your computer in the safety of your home or office you may think that a duty to retreat (if possible) sounds like a reasonable condition to attach to a situation prior to using deadly force. I disagree with this, and I've unfortunately not heard what I consider to be the best reasoning for a 'stand your ground law to exist'. Below is why I believe this law is important:
When a person realizes that they are in a situation where there is a real possibility of being killed, the body and mind go into self defense mode. Higher level rational thought goes bye-bye, and the reptile brain (basal ganglia) takes complete control. A person in this situation is incapable of rational thought, and will go into fight or flight mode based entirely on instinct. Combat or self defense training will undoubtedly help a person in this situation, but there is still a complete loss of higher level brain functioning during the moments when a persons life in in danger. Whether a person chooses to run or to fight is an immediate, instinctual, primitive reaction that takes place. It is literally impossible to expect a person in this situation make a logical determination of the best way (or the legal way) to react. They will simply react.
Understanding this, when a person is genuinely under threat of great bodily injury or death, I believe that we should acknowledge the reality of the psychological and physiological state the victim is in. We should recognize that if a person reacts by using deadly force against his assailant, even if an avenue of retreat existed, that this was a reasonable response to the situation.
Stand your ground laws do not (and cannot) have any effect on the behavior of an individual who finds himself under threat of death. He will react however he will react, regardless of what legislation may have or have not been passed by his representatives in congress. My opinion of why 'stand your ground' is good law is that it prevents an unreasonable requirement from being attached to a persons actions months later in the safety and security of a courtroom. The notion that if a person fails to notice that an avenue of retreat exists at the moment they also realize that their life is in danger, and who responds by fighting off the attacker is somehow a criminal and needs to be imprisoned for his actions just seems wrong to me.
Could 'stand your ground' be misused as a defense by bad guys? Of course, but I do not see that a reason enough to pass legislation that would make victims into murders because they were physically incapable of making a rational decision required of them by law.
All this being said, Gov Dayton vetoed 'stand your ground' here in MN, so if you find yourself in a situation where you were forced to defend yourself with deadly force, only to discover afterward that an avenue of retreat existed, you might be in really big legal trouble. At least you'll still be alive to be in big trouble though.
The common misconception that 'stand your ground' has anything to do with a situation prior to it escalating to deadly force is just plain wrong.
NRA Certified Basic Pistol Instructor
NRA Certified Personal Protection In The Home Instructor
NRA Life Member
MCPPA Certified Instructor
Gulf War Veteran