Article: "Stand Your Ground" Laws
Source: USA Today
http://www.usatoday.com/story/news/nation/2013/07/24/arizona-stand-your-ground-law-debated/2582047/
States calling for action on 'stand your ground' laws
State's law debated in light of Florida case.
PHOENIX -- In light of the acquittal of George Zimmerman in the Trayvon Martin case, Arizona state Sen. Steve Gallardo called on state lawmakers and leaders to review the state's "stand your ground" law.
Flanked by legislative, city and community members during a news conference at the state Capitol on Tuesday, Gallardo said he agrees with U.S. Sen. John McCain, R-Ariz., who recently called for a review of the controversial law.
"These types of laws are fundamentally unacceptable and should be addressed," Gallardo said.
He expressed concern that many did not know about the law before the Trayvon Martin/George Zimmerman case.
"However, everyone understands 'stand your ground' now and what it's all about," he said.
"I call on the Arizona state Legislature to review Arizona's 'stand your ground'," Gallardo said. "Let's have a hard discussion, an honest debate."
The law came into focus following the shooting death of Trayvon Martin, a 17-year-old Florida teen, on Feb. 26, 2012. George Zimmerman, a neighborhood watch volunteer, was acquitted earlier this month of second-degree murder and manslaughter charges in Martin's death.
Zimmerman did not use Florida's stand your ground law in his defense, although the judge hearing his case cited it in her instructions to the jury.
In Alabama, a Democratic lawmaker said Tuesday there would be an effort to repeal the state's version of Florida's stand your ground law in the next legislative session, but acknowledged it could be a difficult fight.
"We know it will not just be uphill, but up mountain," said Sen. Hank Sanders, D-Selma, at a news conference.
Alabama's law was passed in 2006.
Rep. Merika Coleman-Evans, D-Birmingham, said Tuesday she planned to introduce legislation that would withdraw stand your ground protections when a pursuit occurred of a person engaged in a lawful act.
Coleman-Evans introduced a similar measure in last year's regular session; it did not come out of committee. An attempt to reach Coleman-Evans was not immediately successful Tuesday.
In Arizona, Gallardo said he agrees there is a need for someone to have the opportunity to protect himself or herself.
But the problem with the law's 2010 amendment is that it made the law applicable outside of the home.
"Anyone walking out in the street is able to stand their ground," Gallardo said.
His biggest fear is that people who would normally walk away from a confrontation may now choose to stand their ground and use deadly force.
"We cannot allow what happened in Florida to happen here," Gallardo said. "If we ignore what we have on the books, we can only expect we will have a Trayvon Martin here in the state of Arizona."
State Rep. John Kavanagh, who said he has begun his own research and evaluation of Arizona's law, said he has no objections to taking another look at the law.
He admits that the law, which states that people are allowed to protect themselves in "any other place in this state where a person has the right to be," is a large area.
"Thus far, nothing has changed my original position, and the position of the Legislature in 2010 found that it is a good law," Kavanagh said. "It is a law that protects law-abiding people."
State Rep. Martin Quezada said that reviewing the law is "a good thing," and that "we have a situation here where something is not working."
He also said the issue should not be ignored.
"Race and ethnicity matter," Quezada said.
State Senate Democratic Leader Leah Landrum Taylor voiced her concerns about the precedent the Zimmerman ruling has set.
Gallardo said he did not have statistics that showed how many times the "stand your ground" defense has been used in Arizona.
"These occurrences are very rare," Kavanagh said. "We really don't know if stand your ground is causing harm or protecting people."
"I believe in erring on the side of good people, so I'm inclined to keep stand your ground," he said.
Contributing: Montgomery (Ala.) Advertiser reporter Brian Lyman
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