Task force launched to review Stand Your Ground law after Trayvon Martin shooting

[JDPriestly]

10. Here is my problem with this law.

The law permitting force in self-defense uses the term "reasonably believes." The law has established a test for reasonableness which more or less what a reasonable person would do under similar circumstances. Normally, it is the job of the jury (or at least a court) to apply that test objectively and determine what is "reasonable."

The Florida law granting immunity to a person exercising self-defense under Section 776.012 doesn't say whether it is changing or doing away with the test of reasonableness or maybe permitting whoever survives a claimed killing in self-defense to subjectively apply the test.

That is why the law cannot work. It could, under certain circumstances, simply permit a criminal to decide he was reasonably afraid for his life and walk away without so much as a trial or an arrest. Yet, very often that issue of reasonableness needs to be decided by a jury -- as in the Zimmerman case.

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that 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; or
(2) Under those circumstances permitted pursuant to s. 776.013.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html