A Tampa Bay Times investigation has found that Florida's "stand your ground" law is being used in ways never imagined — to free gang members involved in shootouts, drug dealers beefing with clients and people who shot their victims in the back.
Who goes free sometimes depend more on where a case is heard than its merits. Read the story
The fight started over a barbecue grill. It ended on Christmas Eve with a man dead. Read the story
In Clearwater, a self-defense case could be made for each man trading punches and then gunshots. Read the story
Lawmakers spun the truth when they used a 2004 tragedy to justify expanding Florida's self-defense law.
A Tampa Bay Times analysis shows that people who claimed self-defense after killing a black victim were more likely to go free than those who killed a white victim.
Florida will use the Tampa Bay Times' analysis for a review of the "stand your ground" law.
Twice he claimed self defense, twice he was set free.
Stand your ground most often invoked by killers with a criminal past
The outcome of your self-defense case can hinge on what your attorney knows about "stand your ground."
Drug dealers, spurned lovers, a self-described vampire. They've all claimed self-defense under Florida's controversial law. Click below to explore the most complete list of "stand your ground" cases ever created.
Explore a sortable database of fatal cases
Explore a sortable database of nonfatal cases
Know of more? Submit a missing case
Florida's "stand your ground" law has been extremely successful for people who kill and claim self-defense. Nearly 70 percent of those accused went free (36 cases are pending).
Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.
Yes | No | Unclear/ disputed |
|
---|---|---|---|
Did the victim initiate the confrontation? |
104cases |
48cases |
85cases |
Was the victim armed? |
75cases |
160cases |
21cases |
Was the victim committing a crime that led to the confrontation? |
51cases |
190cases |
21cases |
Did the defendant pursue the victim? |
70cases |
119cases |
48cases |
Could the defendant have retreated to avoid the conflict? |
135cases |
36cases |
66cases |
Was the defendant on his or her property? |
69cases |
168cases |
0cases |
Did someone witness the attack? |
154cases |
58cases |
25cases |
Was there physical evidence? |
127cases |
13cases |
97cases |
The Tampa Bay Times used published newspaper reports, court records and documents obtained from prosecutors and defense attorneys to compile a partial list of self-defense cases in Florida since 2005. Although this list likely contains most fatalities in which "stand your ground" was invoked, it does not include scores of less serious cases from around the state.
Not all self-defense cases were considered. The Times included 118 cases in which a “stand your ground” immunity hearing before a judge was requested. In the majority of the remaining cases, a law enforcement official, prosecutor or defense attorney invoked the law.
The Times also included 29 cases where circumstances appeared to reflect the Legislature’s intent when it passed the law. For example, if a defendant claiming self-defense could have retreated from a confrontation but chose not to, the case was classified as “stand your ground.”
Home invasion robberies and other cases that clearly would have been self-defense under previous law were not included unless a “stand your ground” immunity motion was filed. If a case occurred on the defendant’s property but outside the home, it was included if the defendant could have retreated inside the home.
The race and ethnicity of victims and defendants were compiled from various sources, including police reports and drivers’ license records. Police and sheriff’s offices often consider Hispanics as an ethnic group and record their race as white or black. As a result, some Hispanics may not be counted in their race category in the Times’ calculations.
Some cases may have changed significantly since the original media reports as a result of further investigation or court events. As a result, some summaries may be incomplete or contain outdated information.
Some cases are still pending and no determination of guilt has been made. If you have information about any factual errors in a summary, or about further developments in a case, please fill out our case submission form.
Times investigations editor Chris Davis did an interview explaining the investigation on WFLA. Listen here.
Page last updated: Aug. 13, 2013