Standing Up to "Stand Your Ground" Laws: How the Modern NRA-Inspired Self-Defense Statutes Destroy the Principle of Necessity, Disrupt the Criminal Justice System, and Increase Overall Violence

A majority of states have enacted "Stand Your Ground" laws. Proponents argue that such laws enhance the important right of self-defense. In application, however, "Stand Your Ground" laws have had a negative impact on society. First, these laws ignore the common-law element of necessity that traditionally provided a check on unreasonable self-defense.

Second, the laws create presumptions that remove important discretionary powers from law enforcers, prosecutors, and judges. Third, studies have shown that "Stand Your Ground" laws may actually increase violent crime. The "Stand Your Ground" movement continues to enjoy a great degree of political success due to its formula of politicizing violent street crime and exploiting the public’s fear of victimization, as well as its overall distrust of the criminal justice system.