Alabama Stand Your Ground Law
The Alabama Stand Your Ground Law is a section of the Criminal Code of Alabama (Section 13A) which defines the legal requirements for the use of deadly force to be considered justified.
The code was significantly overhauled with the passage of Senate Bill 2006-283, enrolled as Act of Alabama 2006-303. The bill was introduced in the Alabama State Senate by Larry Means (D-Attalla). The wording was based on a similar law passed in Florida, and it was supported by the National Rifle Association and by the Washington-based Citizens Committee for the Right to Keep and Bear Arms.
The bill passed the Senate on February 22 by a vote of 30-2. It passed the Alabama State House of Representatives by an 82-9 vote on March 28, and was signed into law by Governor Bob Riley on April 4.
The effect of the law was to eliminate any "duty of retreat" from an attacker, in any place where one is lawfully present, and to provide for "immunity from prosecution" for people who used force in defense of themselves or other persons, but not in defense of property. Initiating an altercation would prevent the use of a stand your ground defense. The Alabama Court of Criminal Appeals upheld the practice of holding a preliminary hearing to determine if the "preponderance of evidence" established such immunity. A judge's finding for a petitioner results in the dismissal of any criminal prosecution related to their use of force. A plea of not guilty by reason of self-defense remains available to a defendant, even if the prosecution is allowed to proceed to trial. The question of whether testimony offered voluntarily at a pre-trial hearing might be excluded at trial by a 5th amendment claim has not been tested.
References
- Beyerle, Dana (April 8, 2012) "Alabama self-defense law works similar to Florida’s." The Tuscaloosa News
External links
- Act of Alabama 2006-303 at sos.state.al.us