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FL's Stand Your Ground Law Strikes Again

Crimson1967

Crimson1967

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The guy who grabbed the waitress’ butt should have shot her after she knocked him down.


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D

day-day

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TIDE-HSV said:
I may have been too obscure in my explanation of the Florida law. The SYG statute in Florida actually has a "reasonable man" standard like Alabama's. Here's the pertinent section:



Note the words "reasonably believes." For whatever reason, Florida has stretched the "reasonably" to scandalous lengths. One man was shot in the back of his head as he left the fight. No other state has construed the SYG laws as Florida has. Google "Florida stand your ground" cases, and you'll see what I mean...
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Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
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Seems like the Stand Your Ground Law may not come into play but the wording above would. The shooter did not get the opportunity to stand or not stand his ground as he was blind-sided. He did have the opportunity to realize that he was not in danger of imminent death or great bodily harm to himself.

I still think and hope the DA will charge even though I'm thinking it would be something like manslaughter. There was some aspect of fear, excitement, adrenaline, relatively short response time, etc. that could figure into the shooter's reaction due to being struck so hard and being knocked off of his feet. I think taking this into account along with being struck first would take away the chance at 1st degree and 2nd degree murder.

And, the lady was a jerk if illegally parking in a handi-cap spot.
 
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Crimson1967

Crimson1967

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JBama3 said:
Totally different here. She responded like she did. I’m ok with her reaction. I’m not cool with either reaction here.


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I was joking when I said he should have shot her.


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TIDE-HSV

TIDE-HSV

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day-day said:
Seems like the Stand Your Ground Law may not come into play but the wording above would. The shooter did not get the opportunity to stand or not stand his ground as he was blind-sided. He did have the opportunity to realize that he was not in danger of imminent death or great bodily harm to himself.

I still think and hope the DA will charge even though I'm thinking it would be something like manslaughter. There was some aspect of fear, excitement, adrenaline, etc. that could figure into the shooter's reaction due to being struck so hard and being knocked off of his feet. I think taking this into account along with being struck first would take away the chance at 1st degree and 2nd degree murder.

And, the lady was a jerk if illegally parking in a handi-cap spot.
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Oh yes it does, very much so. All other states also have the "reasonable" test. I think most here would agree the shooter had no reason to think he was in immediate danger of death or immediate great physical harm, with an opponent who was backing up when shot. Florida has basically decided to ignore the "reasonable" aspect and focus on how the shooter, in this case, subjectively felt. That's the reason I said he would be prosecuted here but probably not in Florida...
 
jthomas666

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TIDE-HSV said:
Oh yes it does, very much so. All other states also have the "reasonable" test. I think most here would agree the shooter had no reason to think he was in immediate danger of death or immediate great physical harm, with an opponent who was backing up when shot. Florida has basically decided to ignore the "reasonable" aspect and focus on how the shooter, in this case, subjectively felt. That's the reason I said he would be prosecuted here but probably not in Florida...
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in Florida, a shooter claiming stand your ground is effectively the same as an LEO--"I honestly thought my life was in danger" is the equivalent of a get out of jail free card.
 
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