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Sunday, December 27, 2009
Law - "Stand Your Ground Law vexing Florida courts"
Reminiscent of the Yalanda Parrish trial in Clark County earlier this year (some earlier entries here, and this one from Aug. 21st, 2009), a long story in the Miami Herald today, headed "Florida's 2005 Stand Your Ground law, which broadens a citizen's right to use deadly force, is vexing courts across the state." A quote:
The statute eliminated a citizen's duty to retreat from a deadly threat and bestowed ``immunity'' on people protecting themselves with lethal force.For more about Indiana's statutes, see this ILB entry from June 21, 2008.Legislators said the law was necessary to give law-abiding citizens more rights to protect themselves outside their home. But critics say the law encourages vigilantism and provides cover for unjustified violence.
Lawyers say the statute is befuddling.
``The law has created a massive amount of confusion as to what exactly constitutes self-defense and exactly how to apply the new law,'' said defense attorney Bill Mathewman, who hopes the Florida Supreme Court will grant immunity to a client currently facing trial for aggravated assault in Palm Beach County.
Ultimately, because the law isn't specific and state appeals courts can't agree, the Florida Supreme Court will have to iron out how judges grant immunity and under what standard of proof.
Already, the First and Fourth District Courts of Appeal have issued conflicting rulings on how the Stand Your Ground should be applied.
Posted by Marcia Oddi on December 27, 2009 02:40 PM
Posted to General Law Related