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New laws governing self-defense—commonly referred to as “stand-your-ground” laws—are perplexing judges and prosecutors, but for defense attorneys, the laws are less confusing. From their perspective, the laws provide protection to clients who struck back at an attacker.

“The more defenses the better. Most people would rather be judged by 12 than carried by six,” said Jack King, spokesman for the National Association of Criminal Defense Lawyers.

Before & After Passage of the Laws

Before the new laws were enacted, the use of deadly force in self-defense without first trying to flee was usually only justifiable by those defending themselves in their own homes.

Recent legislation in numerous states, however, removed the requirement that a person defending him/herself in virtually any public place first try to retreat before using deadly force.

The first state to adopt the new self-defense laws was Florida in 2005. Since that time, at least 13 other states, including Tennessee, Texas, Georgia, Arizona, Idaho, and Kansas, have followed suit.

A Confusing Case

The case of Norman Borden, a 44-year-old man who fought back against three attackers on the street and ended up killing two, highlights the confusion caused by the new laws.

Three men in a Jeep tried to run Borden down last year while he was walking his dogs. Borden immediately pulled a gun and fired five shots through the Jeep’s window, then fired nine more after moving to the side of the vehicle.

A prosecutor charged him with murder and attempted murder, despite Borden’s claims that the shootings were in self-defense. If convicted, Borden faced serious consequences—life in prison without the possibility of parole.

According to the prosecutor, the amount of force used by Borden exceeded a justifiable level. But Borden’s attorney argued that the law did not require him to retreat, and his case was further helped by testimony from one of his would-be attackers.

Juan Mendez, 21, admitted that the three men intended to “rough [Borden] up.”

Craig Williams, the prosecutor in the case, later said he secretly wondered how he would have acted in the same situation and even acknowledged being somewhat relieved when Borden was acquitted.

Borden’s attackers “were bringing an arsenal,” he said. “It was pretty clear what the right thing to do here was.”

(Source: The Washington Post online)

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