Fight or flight.
If someone attacks you, what do you do?
If you’re unarmed, flight seems to be the most logical way to save yourself. But if you are armed, sometimes fighting back may provide you with the best chance for a positive outcome.
And the laws in many states back this logic. Such a law, commonly known as “Stand Your Ground,” most recently made headlines in the Trayvon Martin case.
Florida law allows people to use deadly force against an assailant if they feel their lives have been threatened.
Louisiana has nearly the exact same law, allowing residents to kill an attacker if they believe there may be great bodily harm or risk of death.
For the most part, both of these laws have basically been around forever – and they make sense, too. When it comes to life and death, legally being able to defend yourself is a right everyone should have.
Unfortunately, recent “Stand Your Ground” cases highlight problems with the law.
The most recent Louisiana incident occurred Jan. 2 in Raceland.
Jamonta Miles, a 15-year-old eighth-grader, and seven friends who were all members of a gang, set out into a neighborhood to confront an enemy with whom they had an argument on Facebook, according to The Associated Press.
Instead of finding their Facebook adversary, the group of teens, armed with a handgun, wound up assaulting people at random, The Times-Picayune reported.
One of their victims, 21-year-old Byron Thomas, fought back, firing 9mm rounds in the gang’s SUV as they drove away. One bullet struck Miles in the head and killed him.
Despite the fact Miles was driving away, detectives concluded Thomas’ actions were out of self-defense, and he wasn’t arrested.
Another similar incident occurred in Baton Rouge on Jan. 28, 2011. Late that night, Keith Brown allegedly kicked in the door to Baton Rouge resident Richard Alexander’s home.
Alexander grabbed a handgun and chased Brown out of his home. As Brown ran down the driveway, Alexander shot and killed him.
Though Alexander told police he thought Brown had a weapon – Brown allegedly reached for his waistband – Alexander was arrested for manslaughter.
It turns out Brown did not have a gun after all.
In this case, the “Stand Your Ground” law apparently no longer applied since the shooting occurred outside the home.
Where is the line drawn? Does it only apply if the assailant has a gun?
These two Louisiana cases are extremely similar. Both involved instances where a person could have felt his or her life threatened, yet there was a different outcome in each.
But if the facts were correct, I think both victims probably felt their lives were in danger.
While Louisiana cases point out one flaw, the Trayvon Martin case sheds a whole new light on it.
On February 26, 28-year-old George Zimmerman, a neighborhood watchdog, thought 15-year-old Trayvon Martin looked suspicious as he walked through his Florida neighborhood, so Zimmerman called the police.
According to police reports and phone calls, Zimmerman was asked not to follow Martin and to wait until police arrived.
Zimmerman followed Martin anyway.
When Martin, who was on the phone with his girlfriend, realized a strange man was following him, Martin’s girlfriend testified to police he was scared and didn’t know what to do, so he started walking faster.
At some point during the chase, it appears Martin may have turned to defend himself. But really, who wouldn’t? He had a strange guy chasing him.
Conflicting witness reports leave us skeptical as to whether Zimmerman or Martin started the fight, but it ended with Martin being shot in the chest.
Zimmerman has yet to be arrested. But he should.
If “Stand Your Ground” laws don’t apply to someone who had his or her door kicked down, I have no idea how it can be justified for someone who essentially scared someone into a fight.
Moreover, whether or not you start a fight, if you mysteriously start chasing someone while you’re carrying a gun and decide to kill them because they try to fight you, and then you claim self-defense, you deserve to go to jail for a long time.
Zimmerman didn’t stand his ground – Martin did, and it appears he was murdered for it.
In most cases, “Stand Your Ground” laws are able to justify killings, but the Trayvon Martin case and recent Louisiana cases point out that the law may also hurt the law-abiding while protecting killers.
Chris Grillot is a 21-year-old English and mass communication senior from New Orleans. Follow him on Twitter at @TDR_cgrillot.
 
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Contact Chris Grillot at [email protected]