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'Stand your ground' laws unlikely to yield to protests

MIAMI — Despite an outcry from civil rights groups, a call for close examination by President Barack Obama and a 1960s-style sit-in at the Florida governor's office, the jury's verdict that George Zimmerman was justified in shooting unarmed teenager Trayvon Martin is unlikely to spur change to any of the nation's so-called "stand your ground" self-defense laws.

"I support 'stand your ground,' " Republican Arizona Gov. Jan Brewer said last week.

"I do not see any reason to change it," said Georgia Gov. Nathan Deal, also a Republican.

At least 21 states have laws similar to that in Florida, according to the National Conference of State Legislatures. Many are conservative and lean toward laws that defend gun owners' rights. So far, there does not appear to be an appetite in Florida or other states to repeal or change the laws, which generally eliminate a person's duty to retreat in the face of a serious physical threat.

"The debate about 'stand your ground' laws largely reproduces existing divisions in American politics, particularly between blacks and whites and between Democrats and Republicans," said John Sides, associate professor of political science at George Washington University.

Zimmerman, 29, a former neighborhood watch volunteer, was acquitted July 13 of second-degree murder and manslaughter charges in the 2012 shooting of Martin, 17, in a gated community in Sanford. Zimmerman told police he shot Martin only after the African-American teenager physically attacked him; Martin's family and supporters say Zimmerman, who identifies himself as Hispanic, racially profiled Martin as a potential criminal and wrongly followed him.

Zimmerman's lawyers decided not to pursue a pretrial immunity hearing allowed by Florida's stand your ground law. But jurors were told in final instructions by Circuit Judge Debra Nelson that they should acquit Zimmerman if they found "he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary."

Before the "stand your ground" law was passed in 2005, the instruction would have read that Zimmerman "cannot justify his use of force likely to cause death or great bodily harm if by retreating he could have avoided the need to use that force."

Since the law was enacted, justifiable homicides in Florida have risen from an annual average of 13.2 from 2001 to 2005 to an average of 42 from 2006 to 2012, including a record 66 in 2012, according to the Florida Department of Law Enforcement. FBI data show similar increases in some states that enacted similar laws, such as Texas, while others haven't seen an uptick.

Beyond Florida, these states have some form of a stand your ground law, according to the National Conference of State Legislatures: Alabama, Alaska, Arizona, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah and West Virginia.

Attorney General Eric Holder, in a speech last week to the NAACP convention in Orlando, said the Martin shooting demonstrates a need to re-examine "stand your ground" laws nationwide. He said they "senselessly expand the concept of self-defense" and increase the possibility of deadly confrontations.

On Friday, Obama said the nation needed to do some "soul-searching." He questioned whether a law could really promote peace and security if it sent a message that someone who is armed "has the right to use those firearms even if there is a way for them to exit from a situation."

Civil rights leaders, including the Rev. Al Sharpton, said they would push for repeal of the laws, starting in Florida, where a group of young protesters has occupied GOP Gov. Rick Scott's office demanding change.

But the Associated Press has found scant support for repeal of the laws in Florida and elsewhere. Scott told reporters Thursday that he agreed with the findings of a task force he appointed on the subject after Martin's shooting, which recommended no changes to the "stand your ground" law. Of the protesters in his Capitol office, Scott said, "I think it is great that people are exercising their voices."

In states with "stand your ground" laws similar to Florida's, the trend has been toward greater gun rights.

Jaquin Nelson, 6, wears a hooded sweatshirt during a Sunday service in New Orleans as part of Hoody Sabbath, a reaction to the acquittal of George Zimmerman on July 13. Unarmed teenager Trayvon Martin was wearing a hooded sweatshirt when he was killed.

Associated Press

Jaquin Nelson, 6, wears a hooded sweatshirt during a Sunday service in New Orleans as part of Hoody Sabbath, a reaction to the acquittal of George Zimmerman on July 13. Unarmed teenager Trayvon Martin was wearing a hooded sweatshirt when he was killed.

'Stand your ground' laws unlikely to yield to protests 07/21/13 [Last modified: Monday, July 22, 2013 12:41am]
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