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In reply to the discussion: Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]TPaine7
(4,286 posts)93. "This law invites bullying"--how?
The law specifically says that the initiator does have a duty to retreat. How can a law requiring aggressors to retreat invite bullying?
776.041 Use of force by aggressor. The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
Florida law quoted here: http://en.wikipedia.org/wiki/Stand-your-ground_law
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
Florida law quoted here: http://en.wikipedia.org/wiki/Stand-your-ground_law
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Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]
TPaine7
Mar 2012
OP
That's not true. Most confrontations will not go to "kill or be killed" without graduation.
TPaine7
Mar 2012
#14
I don't think that the Stand your ground law prevents a jury from determining
JDPriestly
Mar 2012
#12
The essential issue in self-defense as I understand it (and I was not a specialist in
JDPriestly
Mar 2012
#61
'Reasonableness' gets evaluated all the way up the legal ladder.. not all go to a jury.
X_Digger
Mar 2012
#63
"These states uphold castle doctrine in general, ... but... may enforce a duty to retreat"
TPaine7
Mar 2012
#24
Do you also believe that the idea of innocent people in prison in cases totally unrelated to this
TPaine7
Mar 2012
#38
The case was from before the 2005 change, so comparing 2005 and 2011 is irrelevant. n/t
TPaine7
Mar 2012
#75
I don't see why everyone who agrees with gun rights is AUTOMATICALLY an NRA member
TeamsterDem
Mar 2012
#37
I am not a member, nor have I ever given them a penny, though I almost contributed after Katrina.
TPaine7
Mar 2012
#39
I think I'll stand my ground and won't allow your made up bullshit and histrionics to make me leave.
TPaine7
Mar 2012
#45
I think Florida's SYG law and even their Castle Law need revision. There also needs to be education
TPaine7
Mar 2012
#51
The duty to retreat is a duty to obey a criminal who orders you to flee coupled with a threat
TPaine7
Apr 2012
#90
The bottom line is that he can dismiss you from any public space, simply by offering you violence.
TPaine7
Mar 2012
#48
Wow! Just Wow! Killing an unarmed teen with no legal ramifications is the "bathwater"?
Major Nikon
Mar 2012
#31
Perhaps you can read, but I'm seriously doubting your ability to comprehend
Major Nikon
Mar 2012
#66
I skimmed over your post and failed to find anything that addresses the examples I gave
Major Nikon
Apr 2012
#95
The false assumption is that without the shoot first law, people go to jail for defending themselves
Major Nikon
Mar 2012
#72
Thanks for your thoughtul response. I agree that the law needs change and that all violent deaths
TPaine7
Mar 2012
#59
Actually I started to say "arrested" but decided that in all cases that is not justified
csziggy
Mar 2012
#65