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View Diary: Stand Your Ground? Black Woman Fires Shot Gets 20 Years - White Man Kills And Goes Free - WTF (100 comments)

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  •  "Stand your ground" refers *only* to the lack (3+ / 0-)

    of duty for someone acting lawfully in a place they have a right to be to retreat before using force (and does not speak to the other requirements for force to be justified); it generally is used for use of force outside the home; as "castle doctrine" is the phrase used to refer to the lack of duty to retreat in the home.

    The requirement to reasonably believe that force is necessary to protect one's life, or to prevent a forcible felony against another, is not part of "stand your ground".

    And there is no "Stand Your Ground" law in Florida. There is a provision of Florida's Justifiable Use of Force law that has a "stand your ground" provision.

    Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

    by Robobagpiper on Wed Jun 12, 2013 at 01:11:01 PM PDT

    [ Parent ]

    •  Although, to be fair, the provision in which (1+ / 0-)
      Recommended by:
      Leslie Salzillo

      the words "stand their ground" are located are in the provision that covers justifiable use of force in any place a person has a right to be, either in self-defense or to prevent a forcible felony (like rape) against another.

      The provision usually called the "castle doctrine" speaks to use of force in the event of forcible entry to the home, place of business, vehicle while you're there. If you're not there when the intruder enters, or the entry isn't forcible, this section isn't relevant to your use of force.

      Coming home and seeing someone you think is raping your wife, without forcible entry to the home (while you're there), and using force against them to stop/prevent the rape wouldn't fall under the "use of force in the home" section, but the "use of force in any place a person has a right to be" section, because he wasn't at home when the "rapist" entered, had no reason to believe there was forcible entry.

      Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

      by Robobagpiper on Wed Jun 12, 2013 at 03:37:47 PM PDT

      [ Parent ]

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