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“[…] While the proponents of this proposed bill argue that these laws will promote self-defense and personal responsibility, critics have raised concerns about increased violence and potential for abuse.
“It is against this backdrop, that I humbly seek permission to utilise your column to express my contributions as a citizen…”
The following Letter to the Editor on proposed Stand Your Ground legislation was submitted to Wired868 by Jairzinho Rigsby of Dundee Village, Arima:
(via UNC.)
As the debate surrounding the Stand Your Ground legislation continues with the present Kamla Persad-Bissessar-led administration undertaking town hall-styled meetings around the country, I believe it is essential to proffer my contributions as a concerned citizen to this contentious issue given the fact that participants were only given three minutes to present their concerns.
While the proponents of this proposed bill argue that these laws will promote self-defense and personal responsibility, critics have raised concerns about increased violence and potential for abuse.
It is against this backdrop, that I humbly seek permission to utilise your column to express my contributions as a citizen.
Firstly, I read the bill titled Home Invasion (Self-Defence and Defence of Property) Bill, 2025 and also the Florida Statute 776.013.
This bill is guided by the Florida statute as an individual has “no duty to retreat when operating in self-defence or defence of his property and to provide that a person may use defensive force, including deadly force to protect himself or his property and for other related matters” (Self-Defence and Defence of Property Bill, 2025).
Given the aforementioned, I will now attempt to engage my civic duty as a citizen of Trinidad and Tobago.
(via OPM.)
1. Clause 6 Sub-Section 2(1) proposes that a fine of $500,000.00 and imprisonment for 20 years and Sub-Section 3(c) proposes a fine of $750,000.00 and imprisonment for 25 years if the person carrying out the home invasion is a member of a gang, organised criminal activity; or in front of a child, senior citizen or vulnerable person.
As you may be aware, the average perpetrator of such crimes may be unable to pay such sums. I want to suggest that instead of the fines proposed in the bill, a system of labour be instituted.
For example, persons convicted of these crimes could clean, paint HDC buildings and other state buildings once they are properly supervised. This could help reduce state costs over time. This programme could also be extended to existing prisoners.
Photo: AP Photo/ Atlanta Journal-Constitution, Johnny Crawford.
2. Clause 7 Sub-Section 1 paragraph a (i & ii) use the words ‘believes, on reasonable grounds’. Clause 7 Sub-Section 2 paragraph (b) and (j) also uses the words ‘imminent and belief of imminent threat’ and finally Sub-Section 2 paragraph (n) uses the words ‘compelling forces’. These can be very vague words in the Bill which can lead to inconsistent and subjective applications.
3. At all material times, Stand Your Ground statutes involve the use of firearms in the claim of self-defence thus it is critical to have supporting draft bills with respect to a Firearm Users License (FUL) so that the average household can access legal firearms.
At the moment, proponents of this bill are creating a narrative that a FUL will be easily obtainable once the bill is passed with the government’s current three-fifth’s majority or 26 seats.
4. With this bill, I would like to suggest immunity hearings similar to the Florida statute to determine the presumption of reasonableness [and whether] Clause 7 Sub-Section (2) represents this.
The Trinidad and Tobago Police Service must be resourced to improve efficiency and timeliness so ballistic testing, statements can reach the courts to facilitate timely decisions of the pre-trial hearings.
5. It is important to start drafting legislation to introduce murder by division comprising first degree, second degree, voluntary and involuntary manslaughter to support justifiable homicide in this Bill, especially where the first paragraph of the explanatory notes uses the words “other related matters”.
6. I would also like to suggest the consideration of affirmative defence in cases such as entrapment, insanity, crimes of passion, etc seeing that Stand Your Ground emphasis seems to only focus on home invasions and no other crimes especially with citizens having a FUL at their disposal.
An affirmative defence is a defence in law where the defendant introduces evidence that will negate any criminal or civil liability, even though evidence shows the defendant committed the alleged acts. Examples include an insanity plea in a crime of passion, burden of proof, duress, truth and public interest.
7. While I am not an attorney at law, I would like for the government to consider the concept of “Detached Reflection” Brown vs US (1921) be included in Clause 7 of the Bill.
This will give the courts aid in determining justifiable self-defence cases since detached deflection cannot be demanded in the presence of an uplifted knife (Brown v US 1921).
Detached reflection is an important concept of law in Stand Your Ground cases as it allows the courts to evaluate the reasonableness and the proportionality of the actions taken by the defendant to protect themselves of the perceived threat.
8. A simple Google search has shown empirical studies from reputable sources in the US indicating an increase in murders due to the Stand Your Ground statute and at this juncture, I think that some of those murders include racial profiling.
Zimmerman escaped prosecution through stand your ground legislation.
However, empirical studies must also be undertaken to measure the impact of Home Invasion (Self-Defence and Defence of Property) Bill, 2025 once passed in both houses.
9. It is also very critical that the judiciary be equipped with all resources so cases can be heard and decisions be made within three to six months. I know that this point will only exist in the country of Utopia, but we must strive for excellence and not mediocrity as a society.
10. Finally, I would like to also suggest that FUL users must undertake frequent psychometric tests, FUL Act awareness, range shooting practice and general awareness on the Bill to ensure all parties have the acquired knowledge so the citizens can be saved from themselves.
To further emphasise my point, in May 2012, 31-year-old Marissa Alexander was prosecuted for aggravated assault and received a 20-year prison sentence after firing a warning shot at her husband who attacked her and threatened to kill her on 1 August 2010 in Jackson, Florida and claimed self defence.
This shows that in real life cases the outcome we expect may not coincide with the law.
In closing, while I will always support progressive legislation, and as the law-makers of this country like to say “good law”, well good law must not be made to cater for emotions and manifesto promises.
Photo: Office of the President.
Furthermore, I am of the strong view that a national consultation was the preferred choice with such an important legislation rather than a political party initiative that invited clear bias from participants and the three-fifth’s majority to effect same.
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