The Pros And Cons Of Stand Your Ground Law

Existing as a natural law, meaning it is an inherent claim without being specified or granted by manmade laws, self-defense is a precept that dates to the times of the Roman Empire which recognized a person’s right to defend themselves and his property. This entitlement is present today, however it is not directly addressed in the United States Constitution, but rather in the individual state constitutions and legislations. The right exists in a variety of laws and active bills within several states, referred to as justifiable force measures commonly known as Stand Your Ground (SYG) laws, which are adaptations of other self-defense laws such as the Castle Doctrine and Duty to Retreat. For example, Arizona State Legislature 13-405 explains that

In contrast, the Duty to Retreat laws, which generally means that an individual cannot use deadly physical force as a form of self-defense if it can be avoided, are active in 18 states. There are some states, like Texas for example, that are trying to modify the state’s current SYG laws, due to current issues involving the laws, which may even result in the state reverting back to the Duty to Retreat laws when an individual is outside their home (Hershaw,

The laws provide officers with limited guidance in validating a self-defense claim and instead put the officer at risk of a wrongful arrest lawsuit for processing a suspected individual who has claimed self-defense, (Mayors Against Illegal Guns, 2013). This can prevent investigating officers from interviewing the individual claiming the defense who is presumed to have acted lawfully, therefor giving the individual little incentive to cooperate with the investigation, (Mayors Against Illegal Guns, 2013). The obstacles created by the SYG laws also carry over the court system as