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by BSHII
Wed Jul 25, 2018 6:23 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 59826

Re: FL:Stand your ground law under fire for parking space dispute murder

This does not have anything to do with the "stand your ground" law, and it is irresponsible of the Sheriff to misinform the public by saying it does. All the "stand your ground" law does is remove the common-law duty to retreat before the use of deadly force in self-defense. Every other element of a valid self-defense justification still has to be present.

In the video, the shooter was blindsided and knocked down. He was certainly in no position to attempt to retreat if his attacker was still a threat. Even prior to "stand your ground," the duty to retreat does not require a person to attempt to retreat if he cannot reasonably do so safely.

The only question is whether, when he pulled the trigger, he reasonably believed that doing so was necessary to prevent imminent death or bodily harm. That is arguable based on the video, but the answer is the same whether the "stand your ground" law exists or not.

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