DGTess |
05-04-2012 08:26 PM |
Quote:
"Stand your ground" laws exist in a few states and what it means to "stand your ground" can vary by state. The intent is supposedly to support the use of deadly force in self-defense where there is a reasonable perception of threat. However, what all of this means is where the confusion comes in. It is seen as going beyond the self-defense laws that some states already have. What is the difference between self-defense and "stand your ground"?
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Sorry. I assumed you knew what you were talking about when you stated that stand-your-ground laws are bull**** and must be eliminated. FLORIDA's law, 2011 statutes, chapter 776, "Justifiable Use of Force" does not seem to me to be "unclearly stated." The operative section states: "(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
Self-defense can be anywhere. Some jurisdictions permit the use of deadly force in self defense only after demonstrating submission by avoiding conflict and then taking steps to retreat and demonstrate an intention not to fight.
Stand-your-ground laws allow one to engage in self-defense, using appropriate force up to and including deadly force if required, anywhere s/he is legally permitted to be. There is no duty to turn tail and run. There is, in almost all if not all jurisdictions, a requirement not to initiate or escalate the encounter. Read the rest of the Florida statute section. It is not permissible to instigate or escalate the situation, then using deadly force.
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