Stand-your-ground law

Even if you are standing next to an open door and could easily, safely walk away from a shove or a fistfight, you do not have to.

You may stand your ground and use proportional non-deadly force to defend yourself in every single jurisdiction in America.

So you don't have to just take it.

Right.

And here, American jurisdictions are split into two deeply entrenched camps.

What's the first camp?

The majority rule, which is often colloquially known as stand your ground, dictates that a non-aggressor who is in a place they have a lawful right to be has absolutely no duty to retreat before using deadly force.

Even if they can run?

Uh, this is similar, but very different to the, as a matter of law thing that I just discussed in the ring voice case.

So Ludwig's attorneys filed a motion to dismiss the criminal charges relying on Florida's stand your ground law.

And the Florida court said, as a matter of law, we're not saying that you are correct.

In other words, this is something that the trier of fact needs to hear, that there needs to be more evidence heard, whether it's a jury or a judge, whichever way it goes.

I don't know if a jury trial has been prayed.

I assume that the defense attorneys either have already prayed a jury trial or will pray a jury trial, because why not? In any event, So Florida Stand Your Ground law, basically, I mean, I think most people got familiar with it from the Trayvon Martin case with George Fernandez, I think was his name.

And it basically says that if you feel threatened at all, you don't have to back up, you don't have to retreat.

Not only are you able to defend yourself, but you can take disproportionate force to stand your ground.

The case continued to move through court, but the family's loss did not follow the court's timetable.

because before a jury could hear the evidence, Duran sought to stop the prosecution through Florida's Stand Your Ground immunity procedure.

If you've been listening this year to my podcast, I just covered a Florida Stand Your Ground case in episode 286.

Well, Duran was seeking self-defense immunity.

So what does that even mean? A successful Stand Your Ground immunity claim can prevent a criminal case from reaching trial at all.

Under the statute, once a defense raises a sufficient initial claim of Stand Your Ground immunity, the party opposing immunity must overcome it by clear and convincing evidence.

That immunity hearing was separate from the question that a trial jury would eventually face, and the jury would be required to answer whether the state had proven guilt beyond a reasonable doubt.

After three days of testimony at the immunity hearing, Judge William Stone denied immunity in an order filed on September 11, 2026.

Last time we covered this story, we reported that Ludwig Kaiser was using the stand-your-ground defense.

Now, stand your ground, I don't need to get into the history of it, but it's very, very controversial, especially in Florida.

Probably the most infamous tragedy that came out with stand your ground is what happened to, uh, Trayvon Martin about, God, what is it, 15 years ago already? My God, it's been almost that long.

Trayvon Martin, and remember George Zimmerman? Stand your ground? You know, y- you think about stand your ground, most people think it's more about you're fearing for your life more than anything else.

Uh, most people thought, "Eh, Ludwig Kaiser, stand your ground, that's kind of a stretch." Well, today in the court they said, "Yeah, y- the- we're not accepting." He wanted the case dismissed, and the reason why he wanted it dismissed was stand your ground.

And the court said, "No, no, no, no. No. That-- We-- You're-- That's, that's not gonna work." Uh, listen, I still believe charges will ultimately be dismissed against him.

Thing is, you can't just use stand your ground.

And let me tell you something.

save this spot real quick before we lose it.

Stewart Beck was charged with first-degree murder, and a judge ruled that he was not immune from prosecution under Florida's Stand Your Ground law.

He remained in custody as the case proceeded toward trial, facing a mandatory life sentence if convicted.

You've been listening to True Crime from Podcast Studios.

That's where it gets a little fun.

Anyway, the second thing people always get wrong is stand your ground.

You hear that invoked so many times.

People talk about it.

Of course they don't.

It's the same as – Is it Castle Doctrine? Nobody gets either of those.

No one ever talks about Castle Doctrine since Stand Your Ground gained popularity in the Zeitgeist.

But...

Anyway, it's just a passing thought I've had.

Speaking of past guests whose, uh, interview was chosen as a listener favorite, Carolyn Light, author of Stand Your Ground, our interview covering the t- 10th century, uh, 10th century, 10th anniversary of which was, uh, of her book, Stand Your Ground, which was chosen as a best of interview in 2025.

She re-recently wrote to us about, you guessed it, racist stand your ground laws in Florida because that's what she writes about.

Carolyn writes, "Hey, Chuck, I hope you're well in spite of, well, everything.

Since I so enjoyed talking with you on This Is Hell, I wanted to share some additional stand your ground related nonsense, all of it related to the observation that some people have a duty to die while others have a right to stand their ground.

I wrote in Slate about two horrific cases from the same Florida county, notorious Baker County, and both involving a decedent named DJ.

What are the chances?" Carolyn concludes, "Tremendous thanks again for talking with me and for your vital work raising public awareness." So Carolyn's latest is headlined, They Stood Their Ground in Florida.

Brittany's mom, Remo- Ramona, would tell the, uh, the outlet The Appeal that she wasn't surprised, that in her view, the law was never written with women like her daughter in mind.

Which I think is a pretty interesting take from her mom, and I mentioned some statistics earlier that women rarely win this hearing to say that they're immune because of stand your ground.

Which I find, I don't, I don't think I really understand why that is, you know?

Same.

It can get so much more than possible.

You hear about these stand your ground laws.

And I'm somebody who I, I believe in the premise of, I don't want to be bullied or I don't want to be told what to do or what to say.

Or, but I mean, if I'm in a scenario where it's, you know, obviously if it's me or him, I'm picking me all every time.

But if it's, if it's me or if I, if it's me or him, or I can get away with, and call the police and you know that to me that that's i've heard people before it's just like stand your ground like never back down and it's like that's i tend to agree with that kind of mentality or that outlook but also if i can get away from a danger or if i can get other people away from a dangerous situation that to me is the preference

Well, I would hope so.

I think that's your only guarantee.

But if somebody is threatening you, threatening your life, making you uncomfortable, I would much rather you safely go through a red light at two in the morning and call 911 very much like you did and explain a situation and ask for help than just sit there.

His lawyer, Ian Friedman, plans to argue that the shooting was justified.

Under the Stand Your Ground law passed in Ohio Republicans in 2020... oh, passed by Ohio Republicans in 2020, someone facing an imminent threat of serious harm does not have to try to escape before using deadly force."

He insulted my president, Your Honor.

I guess I never, I never really thought about, like...

You're...

It is so stupid here.

Like, I never really thought about, like, what a Stand Your Ground law is.

The Stand Your Ground law basically, like, mandates that you just, like, waste somebody before you run away.