‘Shoot first, ask later’ in these US states

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Last week, Ralph Y.* († 16) was fatally wounded by two bullets in the US state of Missouri after ringing the wrong door. Kaylin G.* († 20) was killed in New York State when she caught a wrong entrance and was shot. The incidents once again raise questions regarding US gun control.

Depending on where a person lives, there are so-called stand-your-ground laws in the US. These allow the use of reasonable force, including deadly force, to defend oneself if there is a risk of death or injury. The laws permitting the use of armed force do not provide for an obligation to retreat, for example in the event of a break-in or unauthorized access to the premises. Critics complain that it is therefore allowed to be shot at. That’s why they call the provision shoot-first laws.

In 38 of the 50 states

The rules override the U.S. legal obligation to retreat from an attacker before taking any action that could kill or seriously injure another person. The stand-your-ground laws are quite vague and open to interpretation: when defendants invoke a stand-your-ground law to defend their actions, the question is often whether their use of force was justified in light of of the perceived threat, which may or may not be well described.

Florida was the first state to pass such a law in 2005. Now 38 of the 50 states have stand-your-ground laws. The following states waive the requirement to withdraw from an attack: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. The use of deadly force in self-defense is explicitly permitted in Colorado, Illinois, California, New Mexico, Oregon, Vermont, Virginia, and Washington.

Ongoing court cases

A stand-your-ground law also applies in Missouri, where Ralph Y. was shot. A man (84) has already been charged in the case. Kaylin G., who died a violent death in upstate New York, has more chance of justice. There is no stand-your-ground law there. The gunman responsible for Kaylin G.’s death has been charged with manslaughter.

Statistics show that states with stand-your-ground laws have increased murder rates by 10 percent or more. Data also shows that stand-your-ground laws reinforce racial disparities in the criminal justice system. In states with relaxed gun laws, 11.4 percent of white-on-black homicides are considered justifiable, compared to just 1.2 percent of black-on-white homicides.

A case that caused quite a stir occurred in 2012 when Florida neighborhood watch George Zimmerman (39) shot and killed unarmed black youth Trayvon Martin († 17). Zimmerman’s lawyers invoked the right of self-defense and said their client acted in self-defense. The deadly use of force was justified. Zimmerman was acquitted of all charges. The case sparked nationwide protests.

*Name known

Source: Blick