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As lawmakers debate loosening gun restrictions and expanding civilian use of deadly force against looters, a new 41-state study asks how stand your ground laws might affect homicide rates.

Stand your ground laws, also known as shoot first" laws, permit people to use deadly force in self-defense as a first resort, replacing the common law principle of a duty to retreat" and of using deadly force as a last resort.

The JAMA Network Open paper links stand your ground laws with an 8% to 11% increase in homicides nationally.

Patterns varied by state.

Rates topped 10% in the South, where additional monthly homicides equaled the annual murder rates of many European countries.

Arizona saw fluctuations in its homicide rate, but the pattern did not indicate a link to its 2006 stand your ground law. The authors did not find such associations in any western state.

Nowhere in the U.S. did such laws reduce homicides.

In an email, lead author and University of Oxford postdoc Michelle Degli Esposti said a states cultural norms can play a role in how such laws play out.

"The South has been shown to have a stronger cultural ideology that endorses the use of self-protective violence for maintaining 'honor' compared to other regions in the U.S., she said.

Degli Esposti added that understanding the context in which the laws were introduced a focused media and lobbying blitz, for example may be key to understanding why states respond differently to such laws.

Existing firearm laws and gun availability likely also play a role.

Original post:
Study links 'stand your ground' laws to uptick in homicides, but not everywhere - KJZZ

ST. PETERSBURG, Fla. -- The stand your ground self-defense law had been in effect in Florida for more than six years when it became part of the national vocabulary with the death of Trayvon Martin in 2012. When the 17-year-old was fatally shot, Florida was still one of the few states with the law that removes the duty to retreat before using deadly force in the face of danger.

Now, upward of 30 states have some form of the law and recent research indicates they are associated with more deaths as many as 700 additional firearm killings each year, according to a study published this week in the journal JAMA Network Open.

The study found that stand your ground laws in those states could be associated with a national increase of up to 11% in homicide rates per month between 1999 and 2017. The largest increases, between 16% and 33%, were in Southern states including Alabama, Florida, Georgia and Louisiana, the study found.

These findings suggest that adoption of ('stand your ground') laws across the U.S. was associated with increases in violent deaths, deaths that could potentially have been avoided, the study's authors concluded.

Advocates for the laws, especially the National Rifle Association, have argued they act as a crime deterrent by ensuring a person can protect themselves and others against a would-be assailant.

Florida was first in the nation in 2005 to adopt such a law. It was in force when Martin was fatally shot by self-appointed neighborhood watchman George Zimmerman on Feb. 26, 2012. Martin was Black; Zimmerman had a white father and Hispanic mother.

The initial police report said Zimmerman called authorities to report a suspicious person, a guy who, he said, looks like hes up to no good. He followed Martin despite instructions not to do so. In the confrontation that followed, Zimmerman would tell authorities, Martin attacked him, forcing him to use his gun to save himself. Zimmerman was allowed to go free.

Martin's parents questioned Zimmerman's version of events and eventually the news media and others picked up on the case. Zimmerman was arrested six weeks later after then-Florida Gov. Rick Scott appointed a special prosecutor to the case.

Zimmerman's lawyers opted not to pursue a stand your ground claim before trial, which could have resulted in dismissal of murder charges against him and immunity from prosecution. But the law was essentially used as his self-defense argument during the trial, which resulted in his acquittal.

Civil rights attorney Ben Crump, who was involved in the Martin case, called the Florida law a virtual get-out-of-jail-free card that is essentially a license to kill.

Today the battle rages. Gun-rights supporters argue people should not have to try to retreat before defending themselves, said Alan Gottlieb, founder of the Second Amendment Foundation. He pointed to a Florida homeowner who recently shot and killed a man suspected of shooting a police officer as the man tried to break into his house. While that case could have been covered by other self-defense laws, Gottlieb said stand your ground laws offer reassurance.

Its made a very big difference in self-defense situations, he said.

Three new states passed laws last year removing the duty to retreat: Ohio, Arkansas and North Dakota, where its sponsor said the legislation ensures someone will not have to run away prior to protecting themselves or their family.

Six more loosened requirements to carry guns in public by removing the requirement to get a permit, the largest number of any single year. More than 20 states now allow permitless carry.

The U.S. Supreme Court also is expected to issue a ruling this session on whether New York's restrictive gun permitting law violates the Second Amendment right to keep and bear arms. The laws defenders have said striking it down would lead to more guns on the streets of cities including New York and Los Angeles.

Gun control activists say the increasing presence of guns and laws like stand your ground are a deadly combination.

Laws like stand your ground, or shoot first laws, give people like Jordans killer, my sons killer, the idea that you can shoot first and ask questions later, said Rep. Lucy McBath, who entered politics after her son Jordan Davis was slain at a Florida gas station in 2012 by a white man who was angry over the loud music the Black teenager and his friends had been playing in their car. Michael Dunn used the stand your ground law in his defense, but was convicted and is serving a life sentence.

Likewise, Rovina Billingsleas family has never been the same. Her cousin Jasmine McAfee, a mother of two, was killed at the hands of an intimate partner near Orlando about four years ago. The shooter was later acquitted under stand your ground law, leaving her family reeling.

There was no justice, no closure, just pain, Billingslea said.

There are new efforts to push back against the measures against a backdrop of rising gun violence: Lawmakers from 19 states have signed on to a new task force aimed at amending or repealing the laws, especially in Georgia, Kansas and Pennsylvania, as well as Florida. The push is backed by Everytown for Gun Safety and Moms Demand Action, whose founder Shannon Watts said they should be called shoot first laws since they differ significantly from other self-defense laws already on the books.

Since the Martin slaying, Florida has amended its stand your ground law to shift the burden of proof from the person claiming self-defense to the prosecutor handling the case.

Prosecutors and many police organizations have opposed the laws, contending they can protect criminals and hinder the ability to bring justice to fatal shootings.

'Stand your ground' laws provide safe harbors for criminals and prevent prosecutors from bringing cases against those who claim self-defense after unnecessarily killing or injuring others, said David LaBahn, president and CEO of the Association of Prosecuting Attorneys, in testimony to Congress.

In Florida, an ongoing trial in which a retired police captain is accused of murder in the 2014 shooting of a man inside a movie theater hinged initially on a stand your ground claim. A judge denied that claim for the former captain, Curtis Reeves, and that was upheld on appeal.

Reeves, however, is still claiming self-defense in the killing of Chad Oulson following a dispute over Oulson's use of a cellphone during movie previews. The shooting happened after Oulson tossed a bag of popcorn at Reeves.

So far, that has not qualified as a stand your ground defense.

The evidence will show that's no reason to kill another person, said Assistant State Attorney Scott Rosenwasser in an opening statement this week. This was an intentional and purposeful shooting.

Whitehurst reported from Salt Lake City.

This story corrects the name of the journal. It is JAMA Network Open, not the Journal of the American Medical Association.

Read more here:
'Stand your ground' laws proliferate after Trayvon spotlight - ABC News

Even during the most challenging times in history, it's important to highlight those who are continuing to follow their dreams and take strides to make the world a better place. Because of that, each month, Seventeen is honoring one young person as a Voice of Change, someone who is making a difference in their community and the world at large.

LaTayla Billingslea was only in middle school when she learned, firsthand, how debilitating the emotional effects of gun violence can be. Her cousin Jasmine, a mother of two, was fatally shot when trying to escape from an intimate partner. The shooter was later acquitted on charges with a Stand Your Ground defense, which allows an individual to use deadly force in response to threat, even if they are able to retreat from the situation. Gun control activists argue that the law encourages violence, and only heightens the likelihood of unlawful injury or murder.

LaTaylas cousin and her family never received the justice they deserved. LaTayla was left to not only grieve the senseless killing of her cousin, but worry if and when a similar situation could affect her family again. I was overrun with emotions pertaining to her death, and wondering if it could happen to her, it could happen to anyone. It could happen to me, or my mother, or somebody else that I'm very close to, she shared.

By the time she entered high school, LaTayla was determined to turn her pain into action. The Atlanta-based teen joined her local Students Demand Action chapter, which is a constituent of the Everytown for Gun Safety network. The organization provided her with the resources to meet and collaborate with other survivors, and work towards lessening instances of gun violence, especially among people of color. Now as a 17-year-old senior in high school, LaTayla is an active member of the chapter and serves as an advisory board member. She helped register more than 100,000 young voters in the 2020 election, and through Students Demand Actions Survivor Engagement Working Group, assists in the coordination of events for National Gun Violence Survivors Week, which is the first week in February.

On top of being a full-time high school student and committed activist, LaTayla is involved in Jareds Heart of Success a community-based mentorship program HOSA-Future Health Professionals, and the Future Business Leaders of America. It is because of all this and her express dedication to her community that LaTayla is being recognized as a Seventeen Voice of Change.

17: How did you initially get involved in activism?LaTayla Billingslea: I initially got involved after the death of my cousin, Jasmine. Over the course of a year or so, I [was] overcome with negative emotions. After learning about Students Demand Action and their mission to end gun violence, I decided to get involved as a proactive way to channel my emotions, to do something that can help people. Being in the gun violence prevention movement, I like to think that I'm creating a better future for the people who come after me. I don't want anybody else to go through what my family and I have gone through.

17: What involves being an advisory board member for Students Demand Action? LB: First off, you have to have general leadership skills. You are helping other student leaders within the organization grow and strengthen their own skills, through the training and mentorship that you offer. You also have to be invested in your local chapter, in order to achieve success on a national level as well.

LaTayla Billingslea

17: What are some projects that you're most proud of achieving with Students Demand Action?LB: One of the bigger initiatives that I [and] multiple Students Demand Action members are very proud of was taking part in the 2020 election cycle and registering 100,000 voters.

One of the things I'm most passionate about is my involvement with the Survivor Engagement Working Group and the Diversity, Equity and Inclusion Working Group. I identify as a survivor of gun violence but I'm also a part of a minority group, being a Black woman. So working in those two groups, I get to ensure that those students and the people within their communities have the voice that they need, so that they can make the change within their communities and schools.

17: How have you grown as an activist?LB: In the beginning, I was more hesitant to share my experiences with gun violence. I was also more hesitant to share my thoughts when it comes to certain legislations, and to speak out in general. But through my journey in activism thus far, I've learned that my voice and my commentary has value. What I say can influence someone.

17: How do you balance your activism work with being a full-time high school student?LB: First things first, I have a planner. Its an online planner that I use as an app on my phone and laptop. So whenever I have an assignment or a meeting, I'll have it on there as a reminder. For bigger projects, I usually schedule those to be done the day before or two days before [their due date], so I have time to look over everything and make sure that its the way I want it to be.

17: What else do you have planned when it comes to your activism?LB: One thing locally would be to repeal the Stand Your Ground law and permit-less carry in Georgia. [Permit-less carry, or constitutional carry, is a legislation recently introduced in the Georgia General Assembly, which would eliminate the need for a weapons license.]

17: What is your ultimate career goal?LB: My ultimate career goal is to be a forensic analyst. Last year, I took a forensics class at my school and got a more in-depth knowledge of what it is. Additionally, I'm in the biotechnology program at my school, and biotechnology and forensics are very intertwined. [I like] to work in a lab setting and see how things are analyzed.

17: What advice do you have for young people looking to get involved in activism?LB: I would say, see if this is what you want to do. I enjoy working in gun violence prevention, but it can be challenging at times. You have to be really good at balancing your schedule. You also have to know when to say no. Within this movement, you have to be conscious of self-care and know what your hard limits are. You need to know that when you approach your limit, not to go past it, because that can be really damaging to your mental and emotional health. Know how much you can take, and how much you can go through or endure. Although there are a lot of good things about this movement, it can be challenging at times especially if you're a survivor, because there are hard days.

In order to be successful, you have to have a passion for advocacy. It may not be for everyone. I enjoy doing it, even though there are challenging days. I know that I'm someday going to get to the point where I will see some changes.

LaTayla Billingslea

17: How do you protect your mental and emotional health when it comes to doing this type of work?LB: One thing I do is journal. I try to journal at least twice a week, considering my schedule. I generally try to do more than that, but just getting my thoughts, feelings and emotions out on paper is very relieving and freeing. But there are multiple self-soothing and self-care techniques that work for different people. There is no one-size-fits-all when it comes to self care that's just what works for me.

17: What does being a Voice of Change honoree mean to you?LB: It means that the work I am doing is making a difference, and that people are seeing what student activists across America are passionate about we want to keep ourselves alive another day. It means that people understand that student leaders just want to feel safe and secure in our country, and the fight that we're going through to get to that place.

Parts of this interview have been edited and condensed for clarity.

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LaTayla Billingslea Is Fighting for Gun Violence Prevention and Lifting the Voices of Young Survivors - Seventeen.com

As New York Democrats propose cracking down on gun trafficking amid a crime wave, the areas state senator has a different proposal.

Sen. George Borrello, R-Chautauqua County, is sponsoring a bill implementing a Stand Your Ground law in New York, which would remove the legal duty to retreat from a threat outside the home before using lethal force, as well as granting immunity in criminal and civil cases.

Every one of us has a fundamental right to self-defense. But in practice, the right to self-defense is limited to our homes in New York, Borrello said in a news release Thursday announcing the legislation. The duty to retreat clause, requires New Yorkers to retreat from a violent aggressor when in public before they can defend themselves and their loved ones. The only place a New Yorker is not required to retreat from a violent criminal is when they are inside their homes.

Does that make any sense?, Borrello added. Who would allow themselves to be shot or stabbed before they can take action to defend their lives?

The bill would make defenders immune from criminal and civil liability for use of a weapon in self defense from brandishing a firearm to dissuade an attacker to homicide.

You look at surveys right now, and people dont feel safe people are concerned, Borrello told the Times Herald, noting crime across the state has increased over the past two years.

Borrello said a 2018 shooting in Ellicottville is a prime example of how the law would help New Yorkers defending their lives.

In 2018, Damien Marvin was charged with assault after claiming he shot a man after he was attacked. Marvin was acquitted at trial after a 45-minute deliberation. A civil lawsuit filed in 2019 by the man who was shot ended in an undisclosed settlement in 2021, according to court records.

Here is a guy that was acquitted criminally, but then had to defend himself in a civil case, Borrello said, having to pay a high price for a legal defense. If Stand Your Ground was in place specifically the immunity for civil torts Borrello said he likely would have not have had to endure that civil lawsuit.

The bill has four cosponsors all Republicans. Democrats control 43 seats in the 63-seat chamber, as well as the lower Assembly and the governors office, so the measure faces an uphill climb in Albany.

A similar bill introduced in the 2019-20 legislative session which Borrello co-sponsored died in committee.

Borrello acknowledged the difficulty he faces to pass the bill, but he said the focus should be on gauging the positions of government leaders.

You should be able to ask your legislators their position, he said, noting it is an election year for the Legislature and governor and important for voters to know where officials stand on such issues.

Blocking Stand Your Ground legislation is another example, Borrello accused, of Democrats in Albany protecting criminals over victims, like with the elimination of cash bail for most low-level offenses in 2019 legislation that was partially rolled back in 2020 to allow bail for more charges.

Borrello and other Republicans have been critical of bail reform going into the 2022 election, noting some high-profile repeat offenders have been charged multiple times between their first arrest and adjudication. In addition, they argue the legislation blocks judges from considering risk to the community in their determination of bail.

While most states have Stand Your Ground laws in place, six other states require those being attacked to attempt to retreat before using lethal force outside the home. In-home defense is traditionally covered under the castle doctrine of common law. Three states expand the castle doctrine to home and workplaces, while Wisconsin also extends it to motor vehicles.

The National Rifle Association and other pro-gun groups have lobbied for Stand Your Ground legislation in many states with Republican-controlled legislatures, including a push in Arkansas that led to its enactment in 2021. Democrats and anti-gun groups, such as the Giffords Center to Prevent Gun Violence, portray such legislation as making it easier to get away with murder, or referring to the proposals as Make My Day or Shoot First bills.

The RAND Corp., a nonprofit think tank, reported in 2020 that a review of existing scientific studies there is supportive evidence that Stand Your Ground laws increase firearms homicides both justified and unjustified with inconclusive evidence on impacts on suicides, mass shootings, defensive gun use or gun industry outcomes.

Borrello dismissed the concern.

Im not going to stand here and talk about studies when you have a fundamental right to self defense, he said, adding that restricting the Second Amendment rights of New Yorkers outside the home is wrong, and that is what this law would correct.

Originally posted here:
Borrello: Stand Your Ground is 'a fundamental right' - Olean Times Herald

In this handout photo provided by the Shelby County Detention Center, former Louisville, Kentucky detective Brett Hankison poses for a mug shot on September 23, 2020, in Louisville, Kentucky. | Source: Handout / Getty

The upcoming criminal trial for a former police detective involved in the deadly raid that killed Breonna Taylor even though he wasnt charged for killing Breonna Taylor will be partially open to the press, a Kentucky judge ruled Thursday.

The ruling againstBrett Hankison, who was fired from the Louisville Metro Police department after botching the execution of a no-knock search warrant on an apartment misidentified as where a suspect was located, was meant to ensure a fair judicial process, Circuit Judge Ann Bailey Smith said in her ruling Thursday, according to the Louisville Courier-Journal.

Smith had one caveat: No members of the press can have cameras in the courtroom during the jury selection process. However, those proceedings will still be open to the media.

Jurors will individually take the witness stand and submit to questioning by counsel, a process that is inherently intimidating to a lay person, Smith wrote in part of her ruling. The court finds that jurors will be likely to be less intimidated by this process, and therefore more likely to be candid in their responses, if they know there is no possibility that the general public and the media present at the proceeding have the ability to broadcast or otherwise record their testimony.

Tamika Palmer, the mother of Breonna Taylor, poses for a portrait in front of a mural of her daughter at Jefferson Square Park on September 21, 2020, in Louisville, Kentucky. | Source: Brandon Bell / Getty

Her decision delivers a setback to Hankison, who in September 2020 was charged with three counts of wanton endangerment in the first degree for bullets he fired that did not go into Taylors apartment. Hankisons legal team had filed the motion for a media ban as well as another one for a change of venue, the latter on which has not been decided.

A grand jury did not find enough evidence to charge any of the three officers as it directly related to Taylors killing in a disappointment to people calling for justice to be served in the 26-year-olds death.

The office of Kentucky Attorney General Daniel Cameron, who has defended the criminal charges against Hankison, was among those who opposed the proposed media ban, the Associated Press reported. Cameron emerged as a contemptuous figure in the Black community because of his perceived initial lack of attention to the case and showing more sympathy for the police than for Taylor and her family.

Early in the morning of March 13, 2020, a group of Louisville police officers descended upon Taylors apartment to execute a search warrant for a suspect who was later determined to have already been in police custody. When Taylors boyfriend,Kenneth Walker, heard noise at the front door and suspected a burglar, he retrieved his legal gun and fired a shot in that direction out of self-defense, unwittingly hitting one of the officers while exercising the states stand your ground law. The copsresponded by blindly firing off a hail of bullets, ultimately killing Taylor who, prior to the shooting, had been sleeping.

Police never recovered any drugs after attempting to conduct the search warrant in connection to an investigation around Taylors ex-boyfriend,Jamarcus Glover.Walker was quickly accused of the attempted murder of a police officer, charges that were ultimately dropped nearly one year later.

Jury selection in Hankisons case begins Tuesday.

SEE ALSO:

After Sabotaging Breonna Taylor Case, Daniel Cameron Wants Kentucky To Be National Model For Search Warrants

Daniel Sellout Cameron Is Trying To Overturn Unlawful Mask Mandate For Kids In Kentucky Schools

Read more:
In Setback For Ex-Cop Who Fired Blindly Into Breonna Taylors Home, His Upcoming Trial Will Be Partially Open To The Press - NewsOne