Florida’s Stand Your Ground law, enacted in 2005, is a self-defense statute that allows individuals to use deadly force without any duty to retreat if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the imminent commission of a forcible felony. This law is a statutory defense categorized under Florida’s justifiable uses of force.
Key Provisions and Principles
- No Duty to Retreat: A key aspect of Florida’s Stand Your Ground law is that individuals who are lawfully present in a place have no duty to retreat before using force in self-defense. This means that if a person reasonably believes that using deadly force is necessary to prevent imminent death or great bodily harm, they have the right to stand their ground and defend themselves.
- Justifiable Use of Force: Florida Statutes §776.012 and §776.013 justify the use or threatened use of deadly force when a person reasonably believes it’s necessary to prevent imminent death or great bodily harm to themselves or another or to prevent the imminent commission of a forcible felony. Likewise, you have the right to use nondeadly force if you reasonably believe it is necessary to protect yourself or another from the imminent use of unlawful force.
- Castle Doctrine: Florida’s Stand Your Ground law expands upon the “castle doctrine,” which traditionally allowed people to use deadly force to defend themselves within their homes. The Stand Your Ground law extends this principle beyond the home, eliminating the duty to retreat from any confrontation outside the home where the individual is lawfully present and believes using force is necessary to prevent harm or a forcible felony.
- Conditions for Applicability: For the “stand your ground” law to apply, a person must (1) not be engaged in criminal activity, (2) be in a place where they are legally allowed to be, and (3) be in fear of either imminent bodily harm or a forcible felony.
- Immunity from Prosecution: Florida’s Stand Your Ground law offers immunity from criminal prosecution and civil action for those who successfully demonstrate self-defense.
Burden of Proof
Florida’s Stand Your Ground law has shifted the traditional burden of proof in self-defense claims. The burden now lies with the prosecution, a reversal from the conventional expectation where the defendant must prove justification for their actions. This shift is accompanied by an elevation in the standard of proof to ‘clear and convincing evidence’, representing an increased threshold for the prosecution to meet in defeating a Stand Your Ground claim. To invoke the Stand Your Ground immunity, defendants must initially establish a prima facie case, showing their actions constituted self-defense. To successfully claim immunity, it is essential for defendants to present clear and convincing evidence that their actions are compliant with the criteria established by the law.
Points of Criticism
Stand Your Ground laws have been critiqued for their association with racial disparities in legal outcomes and an increase in homicides, prompting calls for reform and closer scrutiny of their impact on public safety and racial justice. A 2020 RAND Corporation review of existing research concluded: “There is supportive evidence that stand-your-ground laws are associated with increases in firearm homicides and moderate evidence that they increase the total number of homicides”.
Sources
[1] https://www.robertmalovelaw.com/library/florida-self-defense-law.cfm
[2] https://www.pallegarlawfirm.com/articles/changes-to-floridas-stand-your-ground-law/
[3] https://valientelaw.com/understanding-floridas-stand-your-ground-defense/
[4] https://www.meltzerandbell.com/news/navigating-your-rights-under-the-stand-your-ground-law/
