Stand Your Ground Against Deadly Force
Well, now it is legal to use deadly force in defense of yourself or someone else here in Little Rock, Ar.
On Wednesday, Mar. 3, the Arkansas State Senate passed SB24 or more commonly known as the controversial ‘Stand Your Ground’ Bill. Later that afternoon the Senate Bill was signed into law by Governor Asa Hutchinson, transforming the bill into Act 250.
Previous Arkansas law prohibited a person from using deadly force in a dangerous situation if they could safely retreat. This duty to retreat before using lethal force is reinforced by the widely accepted notion that law enforcement should be keeping the peace.
SB24 being enacted into law ends Arkansan’s duty to retreat before using deadly force if the person is not a felon, has a reasonable belief they are being threatened, is not engaged in criminal activity, is lawfully present and if the person is not the initial aggressor. Essentially Arkansas’ version of the ‘Stand Your Ground’ Bill shifts the reactionary compass from defense to offense.
Eliminating the ‘retreat’ type language in Arkansas’ current self-defense laws opens up a gray area where the use of deadly physical force could be exploited. Changing the wording in the existing law to allow the justified use of deadly physical force is a catalyst for deadly accidents and laws to be abused, in my opinion.
When trying to understand laws, it is important to research everything having to do with that piece of legislation at the point in time. This means you take into consideration how healthy the national and local economies are, varying socio-political climates, international relations, social and political movements and pretty much anything else going on when the Bill is conceived.
Hutchinson’s stance was that there was no need for this type of legislation in Arkansas, after a similar measure stalled in the Legislature over two years ago. After those two years and some excellent wordsmanship, Hutchinson was obviously persuaded enough by the changes in the Senate Bill to sign it into law.
It is disheartening to see the governor of Arkansas supporting such legislation as SB24. This decision is questionable because later that same afternoon Hutchinson urged lawmakers to pass legislation addressing hate crimes in the natural state. If the governor feels the need to push for corresponding legislation to combat crimes fueled by social and/or racial prejudices, maybe this iteration of the ‘Stand Your Ground’ Bill needs some amending.
A measure like this is dangerous for the community in 2021, during a rise in domestic terrorism and heightened political extremism popping up across the country. The subjective wording in the bill gives the person in question the role of judge, jury and executioner when using deadly force in the name of self-defense.
This ‘Stand Your Ground’ Bill puts the decision-making power in the hands of citizens, which seems incredibly risky given the ‘deadly physical force’ section in Arkansas Code 5-2-607. Leave the deadly physical force to those who are trained to deal with that caliber of savagery. Only time will tell if this senate bill turned law will save lives or if it will take them.