Is the "Stand Your Ground Law" becoming a license to kill?

I disagree. SYG allows people to look for a bad situation to happen then claim self defense.

I don't know any situation that a person would need anything more than simple self defense to use deadly force if they believed that their lives were in jeopardy.

The standard for self-defense in FL is fairly low and only requires that the person 'feel' as if his life is threatened.

 

Because the wording of Georgia's law makes it hard to arrest him. Simple as that. I support self defense laws and SYG laws, but too many of them are worded so poorly you can shoot most anyone and with a even a decent story you can walk. Even more so if they are on your property. The dude here in Georgia just failed to assess in situation in his state of irrational paranoia. But it will be tough to charge him.

 

It absolutely is OK and always was OK to shoot someone if he attacks you with fists. If you think people have some obligation to get beat up as opposed to killing the attacker then you are out of your mind. Fists can be a deadly weapon.

Now, if the defendant started the whole thing (and by that I mean throwing a first punch), then that is another matter..

 

I was wondering who would go there. If you get jumped and or shot at, then you are clearly in a threatening situation. Try and think of less asinine straw man.

 

LOL. Whatever dude.

Everyone has fists so you're saying that some fists are more deadly than others?

GTFOOH!!

There are lots of things that should qualify as threatening besides throwing the first punch.

Of course if you kill the only other witness then you get to tell the story.

 

You are completely wrong about the SYG law. It has nothing to do with how you "feel" if there was nothing actually happening. If someone has a legal gun on them and you "feel" that they might shoot you for no reason, you can't kill them and claim SYG. The threat has to be there along with your "feeling". I have no idea why you people lie so much about everything. Please do yourself a favor and get educated.

 

The 'feel' threatened part is from FL self-defense laws.

The threat can be real or imaginary or it could be your faulty perception of events.

 

http://www.leg.state.fl.us/statutes...ute&URL=0700-0799/0776/Sections/0776.013.html

Now please post the exact wording of the law and where "feel" is mentioned. I dont see it here. Seems like a reasonable law to me, altough I am not a lawyer. If you object to some sections then point out which ones exactly.

 

He should be charged and let a jury decide the facts of the case. The burden should be on him to show that his acts were reasonable given that dead mean don't speak.

 

Not necessarily, what happens if the person attacking you with their fists feels threatened by the person carrying the gun?

 

when someone has a "reasonable fear" then their feelings or emotions enter into the equation. It doesn't have to be state in the law quid pro quo for "feeling" to be either inferred or implied in said statue.

 

While this is a horrible tragedy, yes, he should get off. When someone is coming at you, on your property, in the middle of the night, despite having been warned that you are armed and ordered to freeze, it's legitimate to be in fear of imminent death or grave bodily harm. That it was the result of dimensia as opposed to being a real threat does not change that. It makes it tragic, but doesn't change anything.

 

Your probably right, but maybe these state legislators will take a look at this crap. Don't get me wrong I am all for self-defense also, but this type of (*)(*)(*)(*) is getting ridiculous.

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Was he coming at him is the question and why would you go outside if he is not an immediate threat to you.

 

SYG clearly indicates you have to be in danger of your life or great bodily harm. It is a little more lenient if someone has already broken into your home. A ringing doorbell is hardly a threat to life or limb. The guy is toast.

 

An unknown person lurking on my property in the middle of the night is by definition a threat, at least potentially. Would you suggest that I just go back to sleep and not worry about the weird dude in the backyard?

 

I don't think you should be able to approach the " threat " and eliminate it unless it's the only option one has available .

 

And your position with this is exactly what is wrong with America! There is no "stand your ground," it is "go forward and take this as an opportunity to use your gun and kill someone!"

ALL this 34 year old had to do was to STAND HIS GROUND, and stay inside and wait for the police that his girl friend had already called. Going OUT of his house, and toward that poor guy with a loaded gun was an act of aggression on its own.

How many "thieves or murderers" do you know would ring the bell at 4 in the morning?. . and then wait around for someone to come out with a gun?

How many "thieves or murderers" would continue to move SLOWLY forward when faced with a guy with a gun in his hand?

This is total dementia. . .but not ONLY from the man who was shot four times, but from the GUN HAPPY Ass who killed him.

If people who are addicted to owning a gun do not have enough smarts or common sense to recognize a THREAT and a person in need. . .or simply to wait for the police to deal with the "threat," they should not be able to own a gun!

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For once. . .we agree!

I am glad for that much.

 

No. . .any REASONABLE person would expect you to call 911 and make sure that all the doors are secure. Beyond that, you could sit in a chair with your gun (if you must!) in your hand, and be ready to shoot if the person ENTERS your home by force. . .

Anything beyond that is DEMENTED!

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Well! I am glad to see that several of you do see the wrong of what happened in that yard, that night.

It is heartwarming to see that, at least in this case, we can agree!

 

Show me where there was an "empty appeal to emotion" in the OP.

I even asked a QUESTION, instead of wording it as an OPINION!

By the way. . .FEAR is AN EMOTION. . .and killing an innocent person should ALWAYS trigger emotions in ANYONE with a heart and a soul!

No matter how much you would like anyone with a gun to act like one. . .WE ARE NOT ROBOTS!

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I agree that he should be. . .but I'm afraid he will get off again!

 

Wait a minute, what can an old brain dead man do if you just leave him be in the back yard? Set the house on fire?

 

You think this man is HAPPY that he shot that man?? Unless he's a psychopath, I assure you he is not. I carry a gun on a daily basis, and the very LAST thing I ever want to do is use it on a human being.

Would I have gone outside? Probably not, especially considering the police had already been called. That said, the outcome may very well have been the same, as the police would have encountered the same thing. An unresponsive person not responding to commands, acting in a threatening manner. He may have been shot anyway.

 

I think so to. I think a person's life should be without question in danger before they use deadly force themselves. Someone wanderng around my farm doesn't necessarily pose a thread to my life or those of my family.

 

You do know what "mens rea" means? Guilty mind. A necessary concept for any crime to be commited. Which means that feelings of the accused at the time of the alleged crime are certainly important to consider, for any crime. Now, they are not considered completely subjectively as some in this thread would have you believe, but based on what a *reasonable* person would feel in the same situation. Hence the wording of "reasonable fear". This is entirely OK and exactly how self-defense law should be.

If you have *reasonable* fear for your life or great bodily harm, then deadly force is justified. I dont see any issue with such formulation of a law, it is standard in many countries both in US and elsewhere. Or do you have any good suggestions to improve it? I am all ears.

 

Of course, in our case assuming the alleged victim was killed only because of knocking on a door, then it is not justified self-defense, does not matter if there is SYG or not, and there can hardly be any reasonable fear in such situation. So lets wait for more details and a verdict before getting outraged about Florida laws.

 

Yeah that's how I see it as well .