The problem is the systemic injustice inherent in Stand Your Ground laws: just feeling like you are being threatened can justify your response in “self-defense.” Under Florida self-defense laws now, someone can use even lethal force if they “reasonably believe” it is necessary to defend their lives or avoid great harm. How does a jury decide what a “reasonable person” would do under all the circumstances? Even if Dunn really believed there was a gun in the black teenagers’ car and there wasn’t one, he could still be justified in shooting into the car according to Stand Your Ground. The New York Times quoted Mary Anne Franks, an associate law professor at the University of Miami saying, “This trial is indicative of how much of a problem Stand Your Ground laws really do create … By the time you have an incident like this and ask a jury to look at the facts, it’s difficult to re-create the situation and determine the reasonableness of a defendant’s fear.” And unfortunately, the law creates an opportunity for racial factors — whether they’re conscious or not — to trump facts when even one juror who is sympathetic to a defendant’s “reasonable” fear can prevent prosecution.
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