WHEREAS:

The tragic killing of Trayvon Martin by George Zimmerman has focused attention on Florida’s “Stand Your Ground” law and similar laws across the country. In response, the U.S. Department of Justice, the Federal Bureau of Investigation and the state of Florida are conducting investigations.  A grand jury will be convened soon in Seminole County, Florida; and

WHEREAS:

Unfortunately, Martin’s death is not the first time in which a person shot an unarmed victim and later claimed immunity under a Stand Your Ground law.  Immunity has been claimed in Ohio, Pennsylvania, Texas and Wisconsin. Since Florida passed its law, claims of justifiable homicide have tripled; and

WHEREAS:

Our legal system has long recognized that a person has the right to defend himself and his home from invasion and attack.  This is often called the Castle Doctrine. Also, until 2005, if you found yourself in a situation where you felt threatened but could safely retreat, you had the duty to do so; and

WHEREAS:

In 2005, Florida became one of the first states to enact a law which significantly expanded the Castle Doctrine.  The law presumes that the use of deadly force is reasonable, prevents prosecutors from conducting an investigation, eliminates the duty to retreat even if retreat can be accomplished safely and immunizes the shooter from criminal prosecution and civil liability; and

WHEREAS:

Later in 2005, the American Legislative Exchange Council’s (ALEC) Criminal Justice Task Force ratified a nearly identical document, the Castle Doctrine Act, as its model legislation and began promoting it throughout the country; and

WHEREAS:

Since 2005, legislators in 24 more states have adopted versions of ALEC’s Stand Your Ground law with no duty of retreat.  At least 5 states are considering such laws. Several other states have laws, or are considering bills, that extend the Castle Doctrine to only specific places outside the home; and

WHEREAS:

At every turn, law enforcement officers and district attorneys’ groups have vigorously opposed these laws.  A 2007 report by the National District Attorneys Association warned that these laws “could have significant implications for public safety and the justice system’s ability to hold people accountable for violent acts.” John Timoney, a former police chief in Miami, police commissioner in Philadelphia and deputy police commissioner in New York, noted 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 comes to using deadly physical force?” In 2010, Florida state attorney Wilile Meggs said, “Basically this law has put us in the posture that our citizens can go out into the streets and have a gun fight and the dead person is buried and the survivor of the gun fight is immune from prosecution;” and

WHEREAS:

Until recently, ALEC has operated in near secrecy.  Large corporations and conservative politicians ghostwrite “model” bills to be introduced in state legislatures across the country.  Their agenda runs the gamut from decreasing taxes for corporations and the rich and weakening voter rights to privatizing more and more services, eliminating public sector collective bargaining, decimating defined benefit pensions and removing public health, safety and environmental protections.  Many of these bills have become law. 

THEREFORE BE IT RESOLVED:

AFSCME extends its condolences to the family of Trayvon Martin for their loss and urges that the investigations proceed with the utmost speed; and

BE IT FURTHER RESOLVED:

Whatever the results of the investigations, we believe that the Florida Stand Your Ground law, and similar state laws, should be repealed.  A civilian’s duty to retreat should again be the law of the land.  Police officers are trained to use deadly force as a last resort.  Citizens are not.  And while we support the traditional principle of self-defense in homes, its extension outside of the home completely undermines the professionals who are entrusted to protect our public safety; and

BE IT FINALLY RESOLVED:

We will continue to work with other groups to expose ALEC’s influence in state legislatures and bring the true nature of its agenda to light.  We demand that those who empower ALEC through their financial support of the organization and its model legislation, be held to account.  So-called “Stand Your Ground” laws, along with laws promoting the corporate takeover of public services, suppressing individuals’ rights to a voice at the ballot box and in the workplace and weakening our social fabric are examples of how ALEC and its supporters have perverted our democracy.