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In reply to the discussion: Wow- a literal interpretation of the self defense law could lead to disastrous consequences [View all]AnotherMcIntosh
(11,064 posts)10. First you say that there is a self-defense law in Florida which can be literally interpreted.
You did so without referring to a Florida statute, Florida case law, or even a Florida jury instruction.
Then you represent that you are literally interpreting the law of self-defense in Florida by saying,
"An armed person can follow an unarmed person at night, call him a blankety, blank, blank, the target of his verbal abuse punches him in the face, a fight ensues and the armed person starts losing and losing badly, and shoots and kills the person."
(no authority cited)
In contrast, the standard jury instruction in Florida for self-defense, in accordance with § 782.02, Fla. Stat., is as follows:
The use of deadly force is justifiable only if the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm to {himself} {herself} while resisting:1. anothers attempt to murder {him} {her}, or
2. any attempt to commit (applicable felony) upon {him} {her}, or
3. any attempt to commit (applicable felony) upon or in any dwelling, residence, or vehicle occupied by {him} {her}.
http://www.floridasupremecourt.org/jury_instructions/chapters/entireversion/onlinejurryinstructions.pdf
Note the phrase "only if the defendant reasonably believes."
No exception is applicable if a defense attorney asks questions calling for speculation without objection by a prosecutor, or if a defense attorney (or bloggers) otherwise seek to cause confusion by making assertions which are not supported facts.
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Wow- a literal interpretation of the self defense law could lead to disastrous consequences [View all]
DemocratSinceBirth
Jul 2013
OP
First you say that there is a self-defense law in Florida which can be literally interpreted.
AnotherMcIntosh
Jul 2013
#10
Aren't the words "reasonably believe" open ended with no real definition? And while we are at it
jwirr
Jul 2013
#22
Once double jeopardy attaches, a defendant cannot be tried again even if a jury does not follow the
AnotherMcIntosh
Jul 2013
#26
The best bar fight I ever saw in a bar and I was a bouncer at that time
DemocratSinceBirth
Jul 2013
#36
See rrneck's responce below. Most states probably have sorts of exemptions. nt
Duckwraps
Jul 2013
#38
I don't think I said "self defense" wouldn't apply in that situation. I didn't address it.
DemocratSinceBirth
Jul 2013
#39
supports the op's argument. initiate a confrontation & then say "but i was scared for my life"
HiPointDem
Jul 2013
#49
Continuing to pound on an aggressor who's tried to disengage would qualify, yes.
X_Digger
Jul 2013
#52
First the state has to prove that the person charged is the aggressor, 'who swung first'..
X_Digger
Jul 2013
#54
Come up with a silly interpretation, then bemoan "disastrous consequences". I get it.
X_Digger
Jul 2013
#65
Well, first the prosecution would have to prove him the aggressor, then yes, as you say. n/t
X_Digger
Jul 2013
#60
Unless he withdrew and literally tried to run way how did the decedent know that was his intention?
DemocratSinceBirth
Jul 2013
#63