Criminology Assignment: Critical Race Theory and Stand Your Ground Law

This essay delves into the intersection of Critical Race Theory (CRT) and the Stand Your Ground (SYG) law within the context of criminology and criminal justice. It begins by defining CRT as a framework that examines the relationship between race, law, and power, emphasizing how racism is pervasive in social institutions, including the legal system. The essay then explores the SYG law, which allows individuals to use self-defense without fear of prosecution, and its implications. The analysis focuses on how the SYG law, while intended to affirm self-defense rights, has been criticized for potential misuse and discriminatory application, particularly against marginalized groups like racial minorities. The Trayvon Martin case is highlighted as an example of racial disparity within the SYG law. The essay concludes by referencing key sources that support the arguments made.

CRIMINOLOGY AND CRIMINAL JUSTICE
CRIMINOLOGY AND CRIMINAL JUSTICE
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1CRIMINOLOGY AND CRIMINAL JUSTICE
The critical race theory can be described as a social science theoretical framework in
which critical theory is used for the examination of the relation existing between culture and
society towards categorising race, law and power (Matsuda, 2018). One of the major ideas
that critical race theory debates for is that the power difference of racism is widespread
throughout every social institution which also includes the law. The critical race theory also
suggest that laws like the stand your ground law, are disadvantageous towards the socially
marginalised groups (Delgado & Stefancic, 2017). The socially marginalised groups are
excluded from the society either by blocking them or denying them full access to certain
rights, opportunities and resources. This exclusion often result because of race, skin colour,
religion as believes, ethnicity, education or class of an individual. The stand your ground
(SYG) law is the law that allows individuals the right to self defence against real or threat of
force without any kind of fear of prosecution in the criminal justice system. Although the
stand your ground laws are considered appropriate in many circumstances, also considered to
be affirming the right of self defence of individuals, yet often times this laws are seen as
misused (Light, 2017). After the Trayvon Martin shooting case in the year 2012 the stand
your ground law has been intensely scrutinized. In the SYG Law the castle doctrine is
expanded while the common law duty to retreat in public spaces has been removed. It has
often been criticized that immunity to use deadly force in self defence helps in increase in the
homicide rates while the proper investigation of such killings are muddled. Furthermore,
there has also been debates among the critics that the application of the SYG laws have been
inconsistent, and discriminatory towards the socially marginalised groups especially the
racial minorities and the youths. As per many critics by way of the SYG laws black victims
are biased while the laws are seen as to be in favour of the whites. In furtherance to this the
laws are also observed to be affecting the minority youths in a malicious way as they have a
tendency of becoming victim to an aggressor's attack under the jurisdiction of SYG laws

2CRIMINOLOGY AND CRIMINAL JUSTICE
(Douglas Brown, 2015). An example of such racial disparity was found in the Trayvon
Martin shooting case. In this case a 17 year old black youth was shot to death by a
neighborhood watch captain George Zimmerman; who thought Martin to be suspicious
(CNN, 2019). The defence put by Zimmerman to shoot the teen was that the unarmed teen
had hit him. Zimmerman was acquitted after being charged with second degree murder by the
defense of the second amendment of the United States which gives him a right to carry a gun
for self defense. Even though Zimmerman did not use the SYG law as a defence in this case
yet the circumstances of the case led to this speculation (Fasching-Varner, Reynolds &
Albert, 2014). This case proves that although the stand your ground law is effective to a
certain extend, yet it might constitute to racial disparity.

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Reference and Bibliography
CNN. (2019). George Zimmerman lawsuit reminds us of how significant the Trayvon Martin
case was for a divided country. Retrieved 12 January 2020, from
https://edition.cnn.com/2019/12/05/us/trayvon-martin-shooting-race-in-america/
index.html
Delgado, R., & Stefancic, J. (2017). Critical race theory: An introduction (Vol. 20). NYU
Press.
Douglas Brown, K. (2015). Stand your ground: Black bodies and the justice of God. Orbis
Books.
Fasching-Varner, K. J., Reynolds, R. E., & Albert, K. A. (Eds.). (2014). Trayvon Martin,
race, and American justice: Writing wrong. SensePublishers.
Light, C. E. (2017). Stand Your Ground: A History of America's Love Affair with Lethal Self-
defense. Beacon Press.
Matsuda, M. J. (2018). Words that wound: Critical race theory, assaultive speech, and the
first amendment. Routledge.