Analysis: 'Stand Your Ground' States Have More Shootings

Shadowy ALEC group helps push for the laws

Apr 6, 2012 at 1:36 pm

An analysis of U.S. crime data by a British newspaper has found there’s been a 25 percent increase in civilian justifiable homicides since the controversial “stand your ground” (SYG) laws started being introduced in 2005.

London’s Guardian newspaper analyzed data from FBI and state sources. It concludes that the spike in civilian justifiable homicides is related not only to SYG laws, but also weak gun control laws in certain states.

Florida was the first state to introduce an SYG law in 2005 and similar measures have now been adopted in some form by more than 20 states. Most were passed in 2006. Ohio doesn’t yet have such a law, but it’s believed that gun advocates might be planning a campaign for one here soon.

Florida’s SYG law is expected to be part of the defense made for George Zimmerman, if he is charged with a crime. Zimmerman was the neighborhood watch volunteer who shot and killed an unarmed African-American teenager, Trayvon Martin, Feb. 26 in Sanford, Fla. The incident has triggered widespread public outrage.

The Guardian’s analysis shows that SYG laws alone cannot be statistically linked with the rise in justifiable homicides. But in states with both SYG laws and the weakest gun control laws — as defined by the Brady Campaign to Prevent Gun Violence — it found a statistical correlation with an increase in justifiable homicides.

Across the United States, such killings have risen sharply over the past five years, according to the data provided by the FBI and the Florida Department of Law Enforcement. From 2001-05, there were 1,225 homicides classified as justifiable, compared to 1,528 in the period 2006-10. By contrast, violent crime overall has been falling.

"The police are shooting more people and citizens are shooting more people. We're evolving into an increasingly coarse society with no obligation to diffuse a situation and rapidly turn to force,” said Professor Dennis Kenney, of John Jay College of Criminal Justice in New York and an ex-police sergeant in Florida. "People are literally getting away with murder."

SYG laws allow a potential crime victim who is in fear of “grave harm” to use deadly force in public places, not just inside their own homes. They eliminate the legal requirement to retreat before a person may claim he or she acted in self-defense.

SYG laws have been pushed by the American Legislative Exchange Council (ALEC), which drafts model legislation for state lawmakers to use.

State Sen. Bill Seitz (R-Green Township) is among ALEC's leaders, as CityBeat has previously reported here and here. The group, which held its annual meeting in Cincinnati last spring, has a membership of nearly 2,000 state legislators and around 300 private-sector members.

Funded by the Koch brothers, the National Rifle Association, oil companies and others, ALEC’s model bills have served as the template for "voter ID" laws that swept the nation in 2011, for the voucher programs that privatize public education, for anti-immigrant legislation, and for the wave of anti-labor union legislation pushed during the past two years in Ohio, Wisconsin, Indiana, Arizona, New Hampshire and elsewhere.

This week Coca-Cola and PepsiCo dropped their memberships in ALEC, amid the threat of boycotts.

In 2010 National Public Radio reported that Corrections Corp. of America (CCA), a private-sector ALEC board member, participated in the drafting of Arizona Senate Bill No. 1070. The report documented the behind-the-scenes effort to draft and pass the law and how the CCA stood to benefit from people incarcerated under it.

Marvin Meadors, a Huffington Post contributor, has described ALEC as “a bill-churning mill which uses corporate money to draft model legislation that advances the agenda of the Far Right and encourages crony capitalism.”