Request a clarification of "justifiable homicide" defense.

[onenote]

10. In a jurisdiction such as Florida, its generally a question for the jury

There could be circumstances where a judge would refuse to give the self defense instruction, but they would have to be pretty extreme.

For example, if person A shoots person B with a toy water pistol and person B retaliates by pulling out a real gun and shooting person A and then claims self defense on the grounds that they believed that getting wet would cause them great bodily harm, a judge could (and probably would) make a finding that no reasonable person could have had the belief that getting wet causes great bodily harm and thus would refuse to give a self defense instruction.

However, if person A pulls out a toy water pistol and before using it person B shoots person A with a real gun and claims self defense because they thought person A had a real gun, not a toy, it is more likely than not that the question of self defense would go to the jury. The prosecution would attempt to rebut the claim of self defense by establishing that a reasonable person would have recognized person A's weapon was merely a toy, but unless they could prove that beyond a reasonable doubt, the jury could acquit the shooter.