“Serious business.”
These were the words used to introduce a lecture on Stand Your Ground (SYG) laws, most recently known for generating controversy in the Trayvon Martin-George Zimmerman case in Florida. The discussion was led by Tamara F. Lawson, who indeed emphasized the seriousness of this business and its relevance to a number of recent court cases in her presentation. Ms. Lawson, an Associate Dean for Faculty Development and a Professor of Law at St. Thomas University School of Law in Miami, Florida, focused on what she called the “dilemma of discretion” in cases like the one involving Trayvon Martin.
For those who are unclear about the nature of SYG laws (like I was), Ms. Lawson boiled them down to their elements by employing what is known as the “castle doctrine”—an analogy directly concerning when and how it is appropriate to use self-defense. Laws have existed for a long time dictating that when you are in your “castle” (your home), and someone invades your territory, you have a right to react self-defensively and use violence if you deem it necessary. SYG laws extend the boundaries of your “castle,” essentially suggesting that any time you feel threatened, you are legally allowed to react as if you had been threatened within your own home.
The problem is, you may not be the only one feeling threatened. In Ms. Lawson’s own words, there are now “two castles” fighting to protect their territories. Whose castle trumps? These laws operate under an arbitrary understanding that individuals will act “reasonably and proportionately” to threats outside their homes (though technically still within the domain of their “castles”). But, as demonstrated in the Martin-Zimmerman case, it might be hard to determine who really felt threatened or if the first engagement of violence was really “reasonable” or “proportionate” to the threat. This becomes especially tricky when discrepancies in race and age play a role.
The decisions in cases like Martin-Zimmerman are often left to the discretion of judges or juries. In the case of George Zimmerman, the arresting officer recommended to the Florida state attorney that charges should be pursued against the man, who claimed that Trayvon Martin had attacked him before he shot and killed the young boy. The state attorney initially rejected this recommendation, inciting public outcry by those seeking justice; eventually this decision was overturned, leading the state of Florida to press charges against Zimmerman. Discretion also plagues juries, who must make their decisions of indictment or innocence under the strict instructions of the court. In the Martin-Zimmerman case, for example, the jury was not allowed to consider that Martin may have been the individual who was provoked, though they asked for permission to do so (and were denied).
While the consideration of the complications of these laws could fall under any of the four core values of the liberal arts, perhaps the most appropriate might be critical thinking. Especially for those individuals who plan to pursue careers in politics or law, it is imperative to recognize that decisions concerning laws like SYG are not simple to implement or execute. For these laws specifically, it takes a critical thinker to realize the profound complexity of issues surrounding imminent domain outside of the home, especially when the lingering ghosts of racism protrude and further obstruct the truth. This isn’t easy; this is serious business.