Politics & Government

“Stand Your Ground” Defense Can be Used in California

It's not written into the law but it is in the jury instructions.

 

When George Zimmerman shot and killed unarmed teenager Trayvon Martin, he claimed he feared for his life and used Florida’s “stand you ground” law to bolster his defense.

Could the same defense be used in California?  According  to  a recent report from KQED a defendant in California accused of the same crimes as George Zimmerman might also have been acquitted even though California doesn’t have a stand-your-ground law on the books. 

Find out what's happening in Beniciawith free, real-time updates from Patch.

Stand-your-ground laws are based on 17th century British common law called the Castle doctrine according to Global Grind.

That doctrine is accepted in California and allows for the use of deadly force if a person fear’s for their safety while defending their home.

Find out what's happening in Beniciawith free, real-time updates from Patch.

According to the KQED report, the stand-your-ground defense in included in the instructions judges give to juries in trials where justifiable homicide is part of the defense.

The KQED report goes on to say that defendants don’t have to invoke stand-your-ground, but judges are responsible for telling juries about it if they (judges) feel it is warranted.

What do you think?  Should California have a stand-your-ground law on the books or does current law work?  Tell us in comments.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here