Checks and balances will be important when a more liberal system for the granting of a Firearm User’s Licence (FUL) is introduced in this country, alongside the proposed stand-your-ground legislation.
Giving citizens the legal right to use deadly force against intruders who unlawfully and forcibly enter their premises, is high on the agenda of the Kamla Persad-Bissessar administration in response to escalating violent crimes, including home invasions.
However, what seems like a logical step toward increased public safety might be a very complicated exercise, so the special committees that will soon be appointed to examine and recommend policies for citizens to protect themselves should carefully weigh all the pros and cons.
The job of the committees to be appointed by Cabinet will be to evaluate and propose a comprehensive suite of measures that would enable citizens to better defend themselves and their property when faced with criminal threats. That exercise should take place within the context of broader reforms aimed at addressing T&T’s crime crisis.
When she was Opposition Leader, Persad-Bissessar was vocally supportive of stand-your-ground laws, arguing that citizens needed a legal framework that allowed them to defend themselves effectively.
Implementation of such laws would be a significant shift in self-defence legal doctrines in T&T. Individuals will get the right to counteract life-threatening situations, which in theory should make criminal activity less attractive.
Well-defined laws should help ensure that law-abiding citizens are not penalised for choosing to protect themselves during an attack. In high-crime communities where the police response can be slow, that could be the difference between life and death.
On the downside, critics argue that these laws can lead to more violent outcomes and instead of diffusing a situation, might encourage a quicker escalation into deadly force.
The potential for misuse of the law needs to be considered, as well as the likelihood that freedom to act without legal repercussions might embolden some to take the law into their own hands.
Issues of accountability and community safety should be carefully considered.
In court cases, determining whether an individual’s response was proportional to the threat can be very complex, making it difficult to establish whether the use of deadly force was justified.
This law was prominent among the election promises made by the Persad-Bissessar administration, but even with their push toward introduction, all aspects of the issue haven’t been fully amplified in the public domain.
These are laws that deal with individual rights and public safety designed to safeguard personal freedom and empower self-defence.
However, the broader implications, including the potential for violence to escalate during such incidents, should not be overlooked.
To determine its effectiveness and suitability, there should be research on the statistical impact of violent crime rates in jurisdictions where stand-your-ground laws are already in force.
It might be tempting, particularly for the purpose of scoring political points, to fast-track the drafting, debating and enacting of such laws. Before getting to that stage, however, there should be a deeper exploration of how stand-your-ground, as straightforward as it appears on paper, can result in some complex and unexpected consequences for the criminal justice system and the wider society.