Race, law, and health: Examination of ‘Stand Your Ground’ and defendant convictions in Florida

Abstract

Previous analyses of Stand Your Ground (SYG) cases have been primarily descriptive. We examine the relationship between race of the victim and conviction of the defendant in SYG cases in Florida from 2005 to 2013. Using a regression analytic approach, we allow for simultaneous examination of multiple factors to better understand existing interrelationships. Data was obtained from the Tampa Bay Times SYG database (237 cases) which was supplemented with available online court documents and/or news reports. After excluding cases which were, still pending as of January 2015; had multiple outcomes (because of multiple suspects); and missing information on race of victim and weapon of victim, our final analytic sample has 204 cases. We chose whether the case resulted in a conviction as the outcome. We develop logistic regression models using significant bivariate predictors as candidates. These include race of the victim (White, non-White), whether the defendant could have retreated from the situation, whether the defendant pursued the victim, if the victim was unarmed, and who was the initiator of the confrontation. We find race of the victim to be a significant predictor of case outcome in this data set. After controlling for other variables, the defendant is two times (OR = 2.1, 95% CI [1.07, 4.10]) more likely to be convicted in a case that involves White victims compared to those involving non-White victims. Our results depict a disturbing message: SYG legislation in Florida has a quantifiable racial bias that reveals a leniency in convictions if the victim is non-White, which provides evidence towards unequal treatment under the law. Rather than attempting to hide the outcomes of these laws, as was done in Florida, other states with SYG laws should carry out similar analyses to see if their manifestations are the same as those in Florida, and all should remediate any injustices found.

Why Police Kill Black Males with Impunity: Applying Public Health Critical Race Praxis (PHCRP) to Address the Determinants of Policing Behaviors and “Justifiable” Homicides in the USA

“…These legal precedents provide the broader context for other laws that systematically allow police officers and everyday citizens to stand their ground and use justifiable deadly force if they perceive their life is in danger. 39 Social scientists suggest that these laws are often applied differently by race. Examples of notable homicides of black males by the police over the past 20 years include Oscar Grant, Irvin Landrum, Jr., Tyron Lewis, Demetrius DuBose, Amadou Diallo, and John Crawford III.…”

“…A recent study shows racial bias in homicide convictions when the victim is non-white in cases where Bstand your ground^was applied as a defense in Florida. 39 When police use stop and frisk and excessive force, and/or commit acts of Bjustifiable homicide,^communities suffer the negative impacts. 62 These communities are frequently labeled as high-crime areas and become subjected to predatory lending, economic disinvestment, social isolation, and political disenfranchisement.…”

“…Similarly, Bstand your ground^laws need to be re-evaluated based on evidence showing pervasive racial biases in how these laws are implemented, applied, and utilized. 39 These disparities suggests that the racial bias embedded in our judicial system, in particular the ways that lawyers use peremptory challenges, leads to glaring differences in who is ultimately selected to serve on juries. Finding unique forms of data, such as the death records from local newspapers, is one way that public health researchers and social scientists can begin to contribute more meaningfully to this line of inquiry.…”

“…Finding unique forms of data, such as the death records from local newspapers, is one way that public health researchers and social scientists can begin to contribute more meaningfully to this line of inquiry. 39 Third, we recommend that police officers be required to use body cameras to document incidents with the general public. On December 1, 2014, President Obama requested $263 million to fund body cameras and additional training for police following the unrest in Ferguson after the grand jury's decision not to indict Officer Wilson for Mike Brown's death.…”

Stand Your Ground: Policy and Trends in Firearm-Related Justifiable Homicide and Homicide in the US

“…Originally designed to aid citizens in the defense of their homes and families, their application outside the home, removing the "duty to retreat" when in public spaces, has spawned a number of studies aimed at assessing their impact on violent crime, deterrence, and overall public safety. [1][2][3][4][5][6][7][8] Findings from these studies point not only to challenges associated with accurately measuring the impact of SYG laws, but also the significant reasons for these challenges, including enforcement inconsistencies of the SYG laws across states, and verifiable crime data resulting from it.…”