The Law of Stand Your Ground
Stand Your Ground laws are statutes that empower a person to use deadly force in self-defense if they reasonably believe such force is necessary to resist an act of unlawful violence upon themselves or another. State legislatures enact these laws to justify individuals that commit what would otherwise be considered a crime against the person. Put simply, Stand Your Ground laws usually allow a person to use deadly force against an aggressor to prevent or stop an attack. Typically, if a person has this belief, then the law presumes that the force was necessary to do so. In the context of defending a civil case in Alabama, if a person believes the force was deadly, they are presumed to have acted lawfully .
For example, suppose two persons over the age of 16 are engaged in a voluntary fight on private property. As a result of the fight, one person sustains an injury, but the other person walks away without suffering injury. The injured person then sues the other for damages. The person without the injury is entitled to immunity from civil liability from the injury. Put differently, Alabama’s Stand Your Ground law would justify an otherwise criminal act committed by a defendant.
In most cases, when you injure someone or damage someone’s property through your criminal behavior, the law will hold you accountable. Stand Your Ground laws and immunity are exceptions to that rule.
Alabama Enacts Stand Your Ground Law
A majority of the Southern states have adopted Stand Your Ground. Alabama is among those states. Alabama codified their version in 2006 as a response to perceived legal shortcomings in self-defense and castle doctrine case law. Alabama codified their version of Stand Your Ground as an amendment to Alabama’s existing self-defense and castle law statutes. The first Alabama legislature to meet after the adoption of this statute busily enacted many laws that provided protections for gun owners. One of those laws provided a protected status for Alabama gun owners and gun users in terms of criminal and civil liability. The Alabama Legislature decreed, "a person is justified in using deadly physical force and stands his ground and does not have a duty to retreat if…" essentially emulating the codification we have today. Stand Your Ground in Alabama is now statutory law that is written in the state code. A jury for a criminal murder charge will be directed in accordance with the statute and variations of this throughout the 27 states that codified their versions of Stand Your Ground law.
The Law in Alabama
The relevant statutes in Alabama regarding Stand Your Ground are found in Sections 13A-3-20 through 13A-3-25 of the Alabama Criminal Code.
Since its inception in 2006, Alabama’s law of self-defense in Sections 13A-3-20 through 13A-3-25 has gradually evolved into a "Stand Your Ground" law in the traditional sense. The law has been amended several times since 2006. In summary, Section 13A-3-20 states: (a) (1) ALABAMA is justified in using physical force against another person when and to the extent that he or she reasonably believes that such conduct is necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by another. (2) ALABAMA is justified in using deadly physical force and is immune from criminal prosecution and civil action when and to the extent that he or she reasonably believes that another person is about to use unlawful deadly physical force against him or her. (b) (1) A person who uses physical force in accordance with subsection (a) is justified in using such force offensively and need not retreat prior to doing so. (2) A person who is entitled to use physical force in accordance with this section is not required to retreat before using it. (3) A person who is entitled to use deadly physical force in accordance with this section is not required to retreat before using such force. Note the "Stand Your Ground" provisions of subsection (b)(1) through (3) above. Prior to 2006, Alabama law required a person to retreat to the four corners of his or her dwelling in order to defend against a threat of physical force. In 2006, the legislature eliminated the prior duty to retreat in enclosed locations, such as dwellings, vehicles, and workplaces. In 2012, the legislature expanded the elimination of the duty to retreat to outdoor locations as well. The parameters of immunity from civil suits as well as criminal charges are discussed in Sections 13A-3-22 through 13A-3-25 of the Alabama Criminal Code.
Prominent Alabama Court Cases
In Alabama, there have been a number of important cases that tried to interpret and apply Alabama’s Version of Stand Your Ground. In 2015, the Alabama Court of Criminal Appeals heard the case of McLain v. State. The defendant was convicted in a jury trial of first-degree assault and sentenced to 11 years’ imprisonment. The man shot another man outside a convenience store in what he claimed was self defense. The evidence showed the defendant exited his automobile and shot another man as he approached him from the side. The defendant claimed he shot the other man because he was in fear for his life and couldn’t retreat in the other direction because it was blocked by another vehicle. The defendant appealed the ruling of the trial court because they did not instruct the jury on the "stand your ground law" and the self defense law. He argued that the Evidence warranted that the Court provide jurors instructions that would allow the jury to find that he had the privilege to stand his ground under Alabama law. The trial judge held that the evidence did not support an instruction on the "stand your ground law" and the self defense law. The Court of Criminal Appeals rejected the man’s argument and upheld the trial court’s ruling. The court also ruled that the statute applies only in a case where a defendant claims he/she was not the initial aggressor. Therefore, the facts of the case didn’t warrant a "stand your ground instruction" because the defendant wasn’t the initial aggressor, and he had a means of escape. This case helps further define Alabama’s Stand Your Ground Law. Another important Alabama Stand Your Ground case is Heard v. State. In this 2017 case, the defendant was charged with capital murder. He appealed the decision of the trial court finding the sufficiency of the evidence on self-defense intent, and the denial of a "stand your ground instruction". However, the defendant in this case had engaged in a 10-minute telephone conversation with the victim shortly before the shooting and admitted he went to a house to confront the victim for threatening him during the phone call. The man did not use deadly force until after a struggle ensued between him and the alleged victim and the weapon being pointed at them. The Court held that the evidence did not support a "stand your ground instruction" because the defendant was the initial aggressor and he did not have a means of escape.
Compare Stand Your Ground Statutes of Other States
Alabama’s Castle Doctrine does not differ much from similar laws enacted in other states. Overall, its main principles of no "duty to retreat" from an intruder are shared in most Stand Your Ground laws. However, there are a few states who have some notable differences.
Texas passed a Stand Your Ground law in 2007 that worked to expand the original act of justifying self-defense. For example, self-defense had to prove reasonable belief of danger to oneself, but the Stand Your Ground law omitted "reasonable" from the definition and just left it as "belief." This means that the burden is on the prosecution to prove that the accused did not sincerely believe they were in danger, they no longer have to prove that the accused reasonably thought they were in danger.
Florida has a stand your ground law similar to Alabama’s in that it also includes "legitimate retreat" if possible. Since 2014, Florida has had a "Stand Your Ground Duty to Retreat" law that covers only civilians of a house, place of business or vehicle if they are not confronted with a threat from inside their house or vehicle . In such cases, the civilians would be required to retreat before using deadly force. However, the only way prosecutors could rebut that the civilians believed that they were reasonably safe (and thus negate the duty to retreat) was by presenting evidence that the civilian was part of the original confrontation.
Oklahoma’s Stand Your Ground law is notably different than Alabama’s. First, their law requires a person to try to retreat and become safe before using deadly force. They no longer have to retreat if they are in their home or workplace but are not required to retreat anywhere else. Second, Oklahoma’s definition of dwelling includes the homes of caretakers for the elderly, children and disabled. Finally, the Oklahoma law does not apply to police officers while they are engaging in their official duties but Alabama’s law essentially makes any use of deadly force immune from arrest, indictment and even civil liability for any "any act of self-defense or defense of a person," thus covering both civilians and police officers.
Stand Your Ground Critics and Controversy
Critics of the Stand Your Ground law argue it blurs the line between self-defense and the unlawful use of force. The greatest areas of concern seem to be:
"The intent of the law was for the good guys, in their own home, to be able to protect themselves against an assailant, person breaking into their home," said Auburn University Montgomery Political Science Professor N. Gary Spencer.
Political Science Professor Drew Pzehnder, also from Auburn University Montgomery, thinks a law without a clear line is not only troublesome but something that is hurting out society.
As far as public opinion, a recent poll of voters in Florida, who live in the first state to enact a Stand Your Ground law, found 54 percent of Floridians do not support the law.
The law has generated waves of opposition in Alabama. In 2014, the Alabama House of Representatives approved a repeal of the law in a 73-29 vote. At that time, a unanimous vote by the State Senate was needed to end the law. However, there has not been a movement in recent years to enact an Alabama Stand Your Ground Repeal.
Numerous legal debates have also arisen regarding the law. In 2006, doctor presiding over a case where two days prior a teenage boy had been shot, a bullet proof vest on his arm, tucked in a holster of his belt, was questioned by Davidson County law authorities on Stand Your Ground and its implications.
In 2009, a Louisiana teen shot and killed an alleged would-be robber. Arguments over whether he was within his rights to use Stand Your Ground law led to the teen’s arrest. In addition, the Louisiana governor recommended legislative change.
In 2012, after George Zimmerman fatally shot Trayvon Martin, his lawyers sought to claim immunity from civil suit under Trayvon Martin’s Stand Your Ground law, arguing the shooting was self-defense. George Zimmerman was arrested but the Stand Your Ground law allowed him to not stand trial.
Studies have also been conducted on the disproportionate effect the law may have on minorities. A 2010 study at Yale Law School found that a white’s shooter’s story is believed over a minority’s shooter’s story, regardless of the facts provided.
Stand Your Ground laws have been blocked in Illinois and vetos issued in New Jersey, New York and Pennsylvania.
In May of this year in Alabama, a local woman fatally shot her husband and was jailed. She claimed immunity under Stand Your Ground law.
Effects of Stand Your Ground Law in Alabama
Stand Your Ground laws, such as the one in Alabama, have been shown to significantly increase the number of justifiable homicide cases. According to the National Conference of State Legislatures, 22 states have adopted Stand Your Ground laws, giving people the right to use potentially lethal force against any perceived threat without a duty to seek an alternative level of force first (as under a traditional self-defense defense). In the years since Florida passed its Stand Your Ground law in 2005, justifiable homicides in that state have increased by 37%. Other similar states have seen this trend hold steady. The American Journal of Public Health studied 19 states that had Stand Your Ground laws since 2000 and found that "they were much more likely to be ruled homicides … than in states without ‘duty-to-retreat’ laws." Experts have warned that laws like Alabama’s may permit vigilante-type killings . "This phenomenon has occurred in several states where Stand Your Ground laws are on the books, where guns are brandished to intimidate, but homicide induces the victim to back down," warned one expert. An analysis published by Mayors Against Illegal Guns concluded that Stand Your Ground laws "allow angry people looking for trouble to provoke violent confrontations and use lethal force with impunity." Because their interpretation can be so vague and open to judicial interpretation, Stand Your Ground laws tend to be a headache for prosecutors. The law on Stand Your Ground should define the type of case that is appropriate for a Stand Your Ground hearing, whether stand your ground applies to all crimes, how immunity is obtained, and the statutory interpretation of some of the most common phrases used in Stand Your Ground statutes.
