The Government is being urged to implement safeguards to prevent abuse of any proposed stand-your-ground legislation.
Former attorney general Ramesh Lawrence Maharaj issued the warning in a telephone interview with Guardian Media following Prime Minister Kamla Persad-Bissessar’s announcement that Government is considering the Florida model as a template for drafting similar laws locally.
The Florida “stand-your-ground” law, enacted in 2005, has sparked widespread debate in the United States. According to sections 776.012 and 776.013 of the Florida Statutes, the law broadens traditional self-defence by removing the common law duty to retreat, presuming legal justification for using force in one’s home, vehicle, or residence, and offering immunity from prosecution if the use of force falls within statutory guidelines.
While Maharaj supports exploring stronger self-defence protections, he stressed the importance of responsible implementation.
“I think that in a country which is flooded with crime, a government has a responsibility to consider what means are available in order to protect people and to ensure that lawlessness is curtailed. I think it’s a good start in order to try and give people a little more safety at their homes or prevent them from being kidnapped and at least prevent some of the lawlessness that occurs now. But we have to ensure that it is not abused and misused so that innocent people can also be killed under the guise of people defending themselves.”
He said Attorney General John Jeremie should convene a committee with the Law Commission to draft the legislation, which must go through public consultation.
“My advice to him is that the people must have a say in having an idea of what the bill is and having an opportunity to make comments on the bill so that the Government can benefit from the input of the population.”
Maharaj added that the public must wait to see the final content of the proposed law before drawing conclusions.
Criminologist Dr Randy Seepersad also weighed in, warning that public education will be key if the law is enacted.
He said most people are unlikely to read the legislation in full, potentially leading to misuse or misunderstanding.
“You could have a situation where one relative visits somebody else’s house, they have an argument and one kills the other and then they are resorting to this legislation as a justification for doing so or at least to afford them some sort of a legal protection. The thing about it is not everybody’s going to have the best understanding of when they can apply that legislation and when it’s inappropriate to apply them. As I said you need to educate people so they understand the circumstances.”
Seepersad recommended nationwide campaigns using TV skits, radio ads, and flyers to raise awareness and clarify legal boundaries.
However, former national security minister and attorney-at-law Marvin Gonzales voiced strong opposition to adopting laws like Florida’s.
Gonzales, who joined the police service at 18 and graduated from the police academy in 1995, argued that such laws have failed in multicultural societies, creating division and weakening democratic institutions.
“I will be supportive of any law or legislative provision that will assist Government and the citizenry obtain the upper hand in the fight against criminals. I cannot support the importation of laws from other countries that can have a detrimental effect on the social and cultural cohesion of our multicultural nation. This kind of law has proven to not be effective in countries that introduced it and in multicultural communities, it has sparked social eruptions that can undermine a country’s democracy, erode trust in law enforcement authorities and the judicial system and can cause irreversible harm to the social stability of nations like Trinidad and Tobago.”
Opposition Leader Pennelope Beckles, when contacted, said she would “look at it and give a response ASAP” but no such response was issued up to the time of publication.