June 06, 2017 Articles

A Constitutional Challenge to Modern Stand Your Ground Laws?

Stand Your Ground laws could be challenged on substantive due process grounds under the Constitution.

By Marvin Lim – June 6, 2017

Since the shooting of Trayvon Martin by George Zimmerman in 2012, Stand Your Ground laws have garnered national attention. However, despite the evidently problematic nature of these laws—including, but not limited to, their disparate racial impact—these laws have faced no serious legal challenge in court. This article puts forth the beginnings of a novel argument that might be potentially deployed against Stand Your Ground laws: that these laws violate the Due Process Clause of the U.S. Constitution, which states that “No person shall . . . be deprived of life, liberty, or property, without due process of law.”

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