Drop that Twinkie and back up slowly

Florida’s Disastrous Self-Defense Law

By JOHN F. TIMONEY

Published: March 23, 2012

Manama, Bahrain

THE very public controversy surrounding the killing on Feb. 26 of Trayvon Martin, an unarmed 17-year-old, by a crime watch volunteer, George Zimmerman, was predictable.

In fact, I, along with other Florida chiefs of police, said so in a letter to the Legislature in 2005 when we opposed the passage of a law that not only enshrined the doctrine of “your home is your castle” but took this doctrine into the public square and added a new concept called “stand your ground.”

Use-of-force issues arose often during my 41-year policing career. In fact, officer-involved shootings were the No. 1 problem when I became Miami’s police chief in January 2003. But after we put in place new policies and training, officers went 20 months without discharging a single bullet at a person, while arrests increased over 30 percent.

Trying to control shootings by members of a well-trained and disciplined police department is a daunting enough task. Laws like “stand your ground” give citizens unfettered power and discretion with no accountability. It is a recipe for disaster.

At the time the Florida law was working its way through the Legislature, proponents argued that a homeowner should have the absolute right to defend himself and his home against an intruder and should not have to worry about the legal consequences if he killed someone. Proponents also maintained that there should be no judicial review of such a shooting.

But I pointed out at the time that even a police officer is held to account for every single bullet he or she discharges, so why should a private citizen be given more rights when it came to using deadly physical force? I also asked the bill’s sponsor, State Representative Dennis K. Baxley, to point to any case in Florida where a homeowner had been indicted or arrested as a result of “defending his castle.” He could not come up with a single one.

The only thing that is worse than a bad law is an unnecessary law. Clearly, this was the case here.

The second part of the law — “stand your ground” — is the most problematic. Until 2005, in all 50 states, the law on the use of force for civilians was pretty simple. If you found yourself in a situation where you felt threatened but could safely retreat, you had the duty to do so. (A police officer does not have the duty to retreat; that is the distinction between a sworn police officer and the average citizen regarding use of force.)

Police officers are trained to de-escalate highly charged encounters with aggressive people, using deadly force as a last resort. Citizens, on the other hand, may act from emotion and perceived threats. But “stand your ground” gives citizens the right to use force in public if they feel threatened. As the law emphatically states, a citizen has “no duty to retreat and has the right to stand his or her ground.”

During one debate, one of the law’s proponents suggested that if a citizen felt threatened in a public space, he should not have to retreat and should be able to meet force with force. I pointed out that citizens feel threatened all the time, whether it’s from the approach of an aggressive panhandler or squeegee pest or even just walking down a poorly lighted street at night. In tightly congested urban areas, public encounters can be threatening; a look, a physical bump, a leer, someone you think may be following you. This is part of urban life. You learn to navigate threatening settings without resorting to force. Retreating is always the best option.

As Florida police chiefs predicted in 2005, the law has been used to justify killings ranging from drug dealers’ turf battles to road rage incidents. Homicides categorized as justifiable have nearly tripled since the law went into effect.

Back in 2005, the National Rifle Association identified about two dozen states as fertile ground for the passage of laws just like this one. Florida was the first state to pass such a law. Today, at least 20 other states have followed suit.

Gov. Rick Scott of Florida can make all Floridians proud by being the first governor to reject and repeal such misguided laws.

John F. Timoney is a former Miami police chief, Philadelphia police commissioner and deputy police commissioner in New York. He is now senior police adviser to the Bahrain Minister of the Interior.