Florida Stand Your Ground Law Examples
Critics say “Stand your Ground” could encourage gun owners to use lethal force when it`s not necessary by encouraging a “shoot first” mentality. Ben Crump, a civil rights attorney in Tallahassee, called the law a “virtual card to get out of jail, which is essentially a license to kill.” According to the law, it does not apply if the person defending himself is involved in any form of criminal activity. For example, a drug dealer who shoots someone during an attempted robbery as part of a drug trafficking cannot claim to be “assertive”. The decision stems from a 2013 case in which police shot and killed 33-year-old Jermaine McBean in Fort Lauderdale. McBean was carrying a recently purchased air gun that sheriff`s deputies considered a real gun, and he did not immediately obey the orders of the deputies because he listened to music with headphones and did not hear them. Peter Peraza, the lawmaker who shot McBean, won immunity in court, but the state appealed. The case eventually went to the Supreme Court, AP reported. Essentially, in Florida, it is considered justified to use lethal force or threaten to defend yourself if you believe you are at risk of being killed or seriously injured by another person. Unlike the laws of some other states, you don`t have to try to run away first. At least ten of these states contain language that says you can “assert your point of view.” (Alabama, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania and South Carolina.) Going back to our first example, let`s say a witness to the incident between Harry and Tom called 911 and the police came to investigate. Suppose several witnesses tell the police that Harry quickly walked up to Tom and shouted that he was going to hit Tom in a mush with his clenched fists, dancing like a boxer. Under Stand Your Ground, the officer would not be authorized to arrest Tom unless he determined that there were probable grounds to believe that the force used by Tom was unlawful.
Some states limit the use of lethal force to the doctrine of the castle that justifies the use of force in self-defense by an owner or occupant while in that dwelling or property. In these states, people have a duty to retreat to public places. Vermont is the only state that has no “Stand Your Ground” or castle doctrine status, according to the state`s website. “Stand firm” applies in situations where a person has clear reasons to believe that they will be a victim of serious violence, but certain restrictions are set by law. If the person who used lethal force deliberately provoked the other party, or if the other party has already attempted to withdraw from the confrontation, the use of force under “Stand Your Ground” is not justified. The “duty to retreat” is the expectation that a person threatened with bodily harm will make a reasonable attempt to escape the situation before resorting to lethal force. In nearly half of U.S. states, it is only legal to use lethal force in self-defense if you`ve tried other ways to escape or defuse, unless you`re home, according to Findlaw.com. Florida`s controversial “Stand Your Ground” law has been in the spotlight several times since its passage in 2005. The law sets out guidelines on when and how a person can defend themselves against physical threats. In the 1980s, a handful of state laws (dubbed “Make my Day” laws) dealt with immunity from prosecution when using lethal force against another person who illegally and forcibly invades a person`s home. In 2005, Florida passed a Castle Doctrine Act that expanded that premise to include “Stand Your Ground” language regarding self-defense and the duty to retire.
Florida law states: “A person who does not engage in any illegal activity and who is attacked in any other place where he has the right to be has no duty to retreat and has the right to assert himself and to counter violence with violence, including lethal force, if it reasonably considers it necessary. to prevent death or serious bodily harm to oneself or others, or to prevent the commission of a violent crime. In addition, “Stand your Ground” only applies if the person using force to defend himself is in a place where it is permitted by law. A person who is threatened when breaking into someone`s home cannot claim self-defence under “Hold on.” Still don`t know what “Stand Your Ground” is? Here are five questions and answers to clarify things. The controversy escalated in late 2018 when the Florida Supreme Court ruled that “Stand Your Ground” immunity applied to law enforcement officers in the performance of their duties as well as civilians, according to an Associated Press report. Finally, Stand Your Ground is not a defence when force is used against a law enforcement officer who performs an official duty of work. Therefore, it is not a defence if someone injures a police officer who issues an arrest warrant or prosecutes a suspect. For example, let`s say Harry and Tom are arguing in a parking lot about a minor car accident. Harry gets so angry that he decides to hit Tom. Harry pulls his fist back, but before he can throw the blow, Tom punches Harry in the face and pushes him to the ground. Under Florida law, Tom was not obligated to retreat if Tom reasonably believed he had to hit Harry in self-defense, and he should not be arrested or prosecuted for hitting Harry. The Stand-Your-Ground Act is a legal defense classified as justified use of force in Florida (“self-defense”).
The law states that a person in his or her occupied home, home or vehicle has the right to assert and to use or threaten to use lethal force if he or she has reason to believe that such violence is necessary to prevent imminent death, grievous bodily harm or the commission of a violent crime. The Stand-Your-Ground Act authorizes the use of lethal force when death or serious bodily harm is imminent. Murderous violence is violence capable of taking someone`s life. Because the law allows the use of lethal force for self-defense, Stand Your Ground is often used as a defense in murder cases. Described as a “prison pass” by critics, Florida`s self-defense law is controversial to say the least. There are a number of cases, such as the death of Trayvon Martin, where an accused has successfully used the defence as justification for the use of lethal force. The law, codified in Chapter 776 of the Florida Statutes, allows a homeowner to use lethal force if they fear for their life or that of household members. The fatal shooting of unarmed teenager Trayvon Martin in 2012 by volunteer George Zimmerman brought Florida`s “Stand Your Ground” law under national control. Zimmerman was acquitted of second-degree murder.
Twenty-seven states have legislated “Stand Your Ground” laws, and five other states have adopted “Stand Your Ground” in practice. Three other states have stand-your-ground laws, but they only apply if someone in their vehicle is threatened. In a Stand Your Ground Law case in Florida, for the probable root cause standard to be met, the officer must have reasonable suspicion supported by circumstances strong enough to warrant a prudent person believing that the force used (or threatened) was unlawful. More recently, prosecutors refused to file criminal charges against a man who shot a 24-year-old Golden Gate Estates man in a motor vehicle accident, saying the shooter`s actions were justified by “Stand Your Ground.” First, to claim the defense, a person must be in an occupied apartment, residence or vehicle. An apartment or residence is a house, building or other structure (including a tent) designed for people to spend the night. The definition of apartment or apartment also extends to a porch or other structure attached to a building or house.