General Discussion

davidn3600

(6,342 posts)

6. Should every self-defense case go to a jury?

Fri Jul 12, 2013, 06:43 AM

Jul 2013

Say you got a woman who is being attacked and fears the man is attempting to rape her. She's able to pull a gun out of her purse and shoot the man. The bullet happens to pierce his heart, and he dies.

Should that woman then be arrested, charged with 2nd degree murder, and be tried so a jury can decide if she used justifiable force?

You may claim in my scenario that this would no doubt be self-defense. But that's not what you (and many others) are saying. You seem to be suggesting that the matter be taken out of the hands of the police and prosecutors and that a jury needs to make these decisions. I think that's very dangerous and increases the liklihood of innocent people being imprisoned for very, very long sentences.

Am I wrong?

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Request a clarification of "justifiable homicide" defense. [View all] krispos42 Jul 2013 OP

Your uncle is right. dkf Jul 2013 #1

This is a Florida-specific legality, then? krispos42 Jul 2013 #2

Z had to affirm it was self defense by preponderance of evidence. dkf Jul 2013 #3

The defendant does not even need to meet a preponderance standard onenote Jul 2013 #5

Self defense is legal in all 50 states. ... spin Jul 2013 #4

Should every self-defense case go to a jury? davidn3600 Jul 2013 #6

Here are the jury instructions for this trial. Travis_0004 Jul 2013 #7

But isn't that instruction only given if the judge finds that the self-defense charge is supported? Yo_Mama Jul 2013 #9

In a jurisdiction such as Florida, its generally a question for the jury onenote Jul 2013 #10

Thanks - I know state law has a lot to do with it and this is not my bag Yo_Mama Jul 2013 #11

It really makes no difference Yo_Mama Jul 2013 #8