Many Americans had never heard of the “stand your ground” law prior to 2013, when George Zimmerman went on trial for the murder of Trayvon Martin. It was then that many of us learned that Florida has a law that allows individuals to “meet force with force—including deadly force” if they feel threatened in a confrontation. Florida was the first to pass such a law in 2005, with the help of the National Rifle Association. But there are currently 23 states that have “stand your ground” laws, while many others have some version of it that specify locations (one’s home, business, etc.) where persons have the right to defend themselves with deadly force.
That is, of course, unless the person is a black woman. Because while courts seem to generally rule that men have the right to self-defense, black women are routinely penalized for exercising that right. The latest example of this is taking place in Selma, Alabama, where police say Jacqueline Dixon shot and killed her estranged husband, Carl, in her front yard. The district attorney claims that Carl became angry with Jacqueline over the belief that she was having an affair. He allegedly became aggressive and charged at her, at which point she shot him with a handgun. Though Alabama does have a “stand your ground” law, Jacqueline is being charged with murder and is being held on a $100,000 bond until the case is reviewed by a grand jury.
Sadly, there was a history of domestic violence in the relationship. Two years ago, Jacqueline was granted a protection order against her husband and received full custody of their children. Jane Coaston at Vox writes, “According to court records, Jacqueline requested the order after Carl Omar punched her in the face multiple times and swore at her repeatedly.”
However, Selma police are claiming that Jacqueline didn’t consistently seek enforcement of the protection order. Police Chief Spencer Collier noted, “The order is simply a piece of paper if the complainant does not seek its enforcement.” Collier went on to say that he recognizes how sad this case is and that the Selma Police Department “is praying for both families.” As is typical of other incidents of gun violence around the nation, the response is once again passive “thoughts and prayers” rather than actual changes in policy and action.
Here’s what’s really damning about this case (and there are many things). The police are intimating that somehow because Jacqueline, a domestic violence survivor, didn’t call the police each and every time her husband came around, she wasn’t really fearing for her life when she killed him. Thus, the female victim of male aggression and abuse is at fault and responsible for her own victimization. This is victim-blaming and misogyny in action. There might be many reasons that a woman chooses not to call the police on her abuser—even with a prior court order of protection. These could be financial fears, fears of retaliation, the belief that abuse is normal, and love for/attachment to her abuser. Women with children may also feel additional pressure to stay or work things out for the sake of their children. And, frankly, it can be dangerous and life-threatening to cut yourself off from your abuser. According to the One Love Foundation, women are “70 times more likely to be killed in the weeks after leaving their abusive partner than at any other time during the relationship.”
For black women in relationships with black male abusers, there is even greater pressure to stay, or at the very least do everything they can not to endanger the safety and well-being of black men. The long history of structural racism, mass incarceration, and police violence impacting black men leaves black women feeling reluctant to report abuse lest it bring harm or more unwelcome encounters with “the system” to their male partners. So there are many societal, familial, and individual reasons why Jacqueline may not have sought enforcement of her protective order against Carl.
But, really, none of this should actually matter. According to Alabama’s “stand your ground” law, a person who is not the aggressor in a given situation does not have an obligation to retreat if the other person is:
- About to use unlawful deadly physical force
- A burglar about to use physical force
- Engaged in kidnapping, assault, robbery, or rape
- Unlawfully and forcefully entering a home or car, or attempting to remove a person against their will
- Breaking into a nuclear power plant
So even though there is a documented history of domestic abuse, and Jacqueline claims that Carl was about to physically attack her, Jacqueline’s right to stand her ground is in question. It is unclear if Jacqueline has posted bond or remains in custody, nor is there any word about a potential court date. What is known is that she is being charged with murder-domestic violence. If she is convicted, the charge carries a sentence of 10-99 years. Over the coming months, we will see if a grand jury decides there is enough evidence to indict Jacqueline Dixon.
What we definitely do know is that the odds are not in her favor. According to the Urban Institute, when black people kill other black people in “stand your ground” cases, the act is less likely to be deemed justifiable in court compared to cases involving white shooters who kill other white people. Sadly, Jacqueline faces an uphill battle in a court system that holds little regard for victims of domestic abuse or for black people. And given that she is both, it’s hard to hold out hope that Jacqueline will see justice in a court of law.