Fake Pie -
I’m for concealed carry and for stand your grown when you are being pursued or attacked. He could have drawn his weapon and told the guy to back up but he didn’t, he killed a guy over bull shit. He did it out of anger; not fear which makes him a pos..
Bingo. I feel the same way. The way stand your ground is written in FL is horseshit and allows for this same defense.
This isn't a SYG issue. It's either he reasonably felt in fear of great bodily harm or death or not. All SYG does is remove the duty to try and run away.
Maybe I misread but Florida law requires the prosecution to prove that the shooter did not fear for his life. A burden on the prosecution not required in other states.
The burden of proof is always going be on the state. They will have to prove that a reasonable person, given those same circumstances, wouldn't have feared for his life or felt the need to defend himself with deadly force.
The burden of proof is on the state to prove the underlying attack you made. In a non-SYG state, if you assert that you were defending yourself, that’s an affirmative defense and the burden is on you to show you were under threat and responded reasonably according to self defense laws.
I believe in SYG (at least in FL), there is a burden on the prosecutor to prove that you were *not* threatened, something that non-SYG prosecutors don’t have. Hence, all the dingbats saying that if you utter the magic phrase ‘I was in fear of my life’ you will be covered. But It’s not quite that simple.
Thank you. That's what I was trying to convey that was different in Florida.
I believe they are also the only state that applied the Castle Doctine portion of SYG to any place a person is legally allowed to be instead of only your "castle".
Sort of. The "castle doctrine" is generally used to refer to two things:
1. The presumption that when someone illegal enters a home, the homeowner is in great fear of bodily harm or death. Basically it presumes it was self defense, but the presumption can be overcome by the state. Florida SYG did NOT apply this presumption to anywhere outside the home.
2. You have no duty to retreat in your home IF you are in fear of great bodily harm or death. You can stand your ground in your home and use deadly force (e.g., you aren't required to try and go out the window even if you might have been able to). SYG in FL DID apply this to anywhere you are lawfully allowed to be, and I think that is right.
Here is what #1 looks like the Florida statutes:
(2)?A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a)?The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b)?The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.