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  •  Not the only such case in Florida (18+ / 0-)

    I never got any names for this and can't find it in Google, but one of my firearms instructors was involved in defending a domestic violence self-defense case in Florida.

    An arthritic woman's ex had strangled her and left her for dead. She recovered consciousness and crawled to the neighbors's in agony to call the police. The ex came back to the scene while the police were there. As they dragged him away, he shouted "You fucking bitch, I'm going to kill you!", documented in the police report.

    Somehow he got out of jail and looked her up again. There are some situations in self-defense law where it's considered reasonable for someone to fear for their lives even when the attacker has no weapon: many against one, man against a woman, able-bodied against disabled, and so on. She had two such reasons on her side legally, and a history to support her belief that he was going to kill her.

    She also had a gun. She saved her own life. The hospital couldn't save her ex's life.

    So what did Florida do? They hauled her into court because she "shot an unarmed man".

    She won, but Florida does seem to have a double standard on self-defense.

    Freedom isn't free. Patriots pay taxes.

    by Dogs are fuzzy on Thu Jul 18, 2013 at 06:04:21 PM PDT

    •  I heard about that one too. (2+ / 0-)
      Recommended by:
      elwior, Silvia Nightshade

      There is a double standard.  

      Based on the evidence available, the SA/DA has the option to press charges more or less at their discretion.  If the SA/DA has a tendency to prosecute any/all shootings, you're likely to see a lot of self defense shootings on trial.  In jurisdictions with a more self-defense-friendly SA/DA you're likely to see less self-defense cases go to trial.

      Here in Illinois, we have one SA in Cook County who will prosecute any and all cases of self defense as UUA /AUUA cases.  A few counties over in Peoria County, the SA is on record saying he won't even charge a person for carrying a concealed weapon (with or without a permit) unless they were concurrently committing another crime! How many self-defense cases do you see him taking to court?

      Since States Attourneys are elected officals, they get a lot of latitude to charge (or not) as they see fit, then the voters get to determine if they can keep their job the next election cycle based on their track record.  In a way, the SA for a jurisdiction tends to represent the prevailing political beliefs of the constituency,  for better or for worse.

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