The trial of Michael Dunn in Florida has again raised questions about Florida’s “Stand Your Ground” law. Dunn, 47, is charged with fatally shooting Jordan Davis, an unarmed 17-year-old, in the parking lot of a Jacksonville convenience store, over loud music. Many questions swirl around whether Dunn was legally justified under current Florida law, as he insists he was, to fire into the car where Davis sat listening to music. As the jury deliberates, there will be many more discussions about how factors like race and the jury’s interpretation of Stand Your Ground determine the verdict.
This misses the bigger question, however, which is whether this lethal confrontation would have happened without the law. If Florida had not passed its law so that a person has no “duty to retreat” before using lethal force, how would Dunn have responded? Would he still have gotten his gun from his car and fired repeatedly into Davis’s vehicle? Would he have even had a gun with him?
These same questions can be asked of the other cases that have received so much media attention. Would George Zimmerman have followed Trayvon Martin, with a gun, and confronted the teenager if Florida law had not offered him these additional self-defense protections? Would Raul Rodriguez, convicted of murder and sentenced to 40 years for the murder of his Houston neighbor, have confronted his neighbor over loud music and killed him, if not for Texas’s similar law?
For any given case, these questions are impossible to answer, and you can make arguments either way. But it is possible to say something more definitive about whether these laws have led to a greater number of total homicides. That is the question my coauthor Cheng Cheng and I addressed in our recent study in the Journal of Human Resources. We asked what happened to homicide rates in states that passed these laws between 2000 and 2010, compared to other states over the same time period. We found that homicide rates in states with a version of the Stand Your Ground law increased by an average of 8 percent over states without it — which translates to roughly 600 additional homicides per year. These homicides are classified by police as criminal homicides, not as justifiable homicides.
It is fitting that much of this debate has centered on Florida, which enacted its law in October of 2005. Florida provides a case study for this more general pattern. Homicide rates in Florida increased by 8 percent from the period prior to passing the law (2000-04) to the period after the law (2006-10).By comparison, national homicide rates fell by 6 percent over the same time period. This is a crude example, but it illustrates the more general pattern that exists in the homicide data published by the FBI.