JavaScript is disabled in your web browser or browser is too old to support JavaScript. Today almost all web pages contain JavaScript, a scripting programming language that runs on visitor's web browser. It makes web pages functional for specific purposes and if disabled for some reason, the content or the functionality of the web page can be limited or unavailable.

Wednesday, June 4, 2025

Careful consideration needed on stand-your-ground laws

by

8 days ago
20250527

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.


Related articles

Sponsored

Weather

PORT OF SPAIN WEATHER

Sponsored