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Lawsuit filed challenges Georgia's 'Stand Your Ground' law

'Stand your ground' laws continue to come under heavy scrutiny

 

On Monday afternoon in Florida, a special prosecutor said she would continue to investigate the Trayvon Martin shooting death case, but that she would not take it before a grand jury. That means prosecutor Angela Corey’s office alone will determine whether to charge neighborhood watch captain George Zimmerman with a crime.

The 17-year-old Martin, who was unarmed, was shot and killed by Zimmerman, in his Sanford, Fla., subdivision as he returned home from purchasing Skittles on Feb. 26.

Zimmerman said he shot Martin in self-defense and Sanford police cited the state’s "stand your ground" law, which allows citizens in imminent danger to “stand their ground” and fight back instead of retreating, as the reason Zimmerman wasn’t arrested.

Georgia also allows citizens to use deadly force in self-defense, and on Monday, a local civil rights activist indicated he would file a legal challenge against the state’s 'stand your ground' law.

Rev. Markel Hutchins posted on his Facebook page Monday: “Friends and supporters are welcomed to join me and others as we gather in solidarity at 2:45pm (EST) today front of the Richard B. Russell Federal Building, 75 Spring Street, Atlanta, GA, 30303 to file a historic civil/constitutional rights lawsuit in the U.S. District Court - Northern District of Georgia - Atlanta Division, against the State of Georgia for its "Stand Your Ground" law. Georgia has a statute comparable to the controversial Florida law at the center of the Trayvon Martin tragedy.”

Georgia’s version of he law, SB 396, was passed in 2006. It was enacted to allow a person the "justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes."

There’s little doubt that 'stand your ground' laws have come under heavy scrutiny in recent weeks. Last week, Midtown-based Coca-Cola Co. ended its membership with the conservative nonprofit group, American Legislative Exchange Council, because the lobbying group had recently backed controversial 'stand your ground' and voter ID laws.

Do you think Georgia's "Stand Your Ground" law should be repealed?

Related Topics: Stand Your Ground Law, Trayvon Martin, and American Legislative Exchange Council

Steve Gower

8:19 pm on Monday, April 9, 2012

I can see both sides of the issue, and can see how the "stand your ground" approach can go wrong. But repealing that law could also send out the message that we should simply step back and let criminals overrun the community. Caution is needed there...

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nelson

8:51 pm on Monday, April 9, 2012

Do you think Georgia's "Stand Your Ground" law should be repealed?
Not necessarily. If used correctly, it could detur violent crime. If used to allow whites to shoot and kill the lower class people ( blacks ,hipanics,or lower income whites) they believe are criminals, Hell yes! Repeal it!
If you carry a gun, you have to follow and be held to, strict high standards. You have an advantage over most citizens. Therefore you could be a threat to them. I you fail to read a situation correctly, you could potentially do wrong while thinking you are doing the right thing.
All gun carriers must understand they and only they are responsible for the outcome if they use their gun. OOPS!! I sorry does not bring back a life.

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Ron G

10:14 am on Tuesday, April 10, 2012

Put yourself or a family member in a real life or death situation when you are attacked by someone. Now, if you did not have the "Stand Your Ground" law in place to allow you to meet force with force, you can just retreat now and run like hell and hope that you do not take a bullet or knife in the back.
Do people not realize that if the Georgia Stand Your Ground law is repealed, there will be more dead lawabiding citizens than there is now! Why do think Georgia Tech students are a target...they are not able to stand their ground. If the law is repealed, we are left defenseless.
Wake up people...leave the law as it is written and do not repeal!

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Andrew Blawat

9:10 pm on Wednesday, May 2, 2012

In states that have Stand Your Ground laws the crime has dropped drastically.
Compare it with Chicago, which has the strictest gun control in America, and you see what happens when only criminals have guns.

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