GENERAL LEE
Founding Member - E Dock
While I agree with your thoughts, that would be jumping over the line of "necessary force" to "excessive force"......jamming to the good ol boy tune of Waylon Jennings :sifone:
Headlines
Floriduh.....Castle law gone bad......
- Thread starter JupiterSunsation
- Start date
While I agree with your thoughts, that would be jumping over the line of "necessary force" to "excessive force"......jamming to the good ol boy tune of Waylon Jennings :sifone:
cuda
Banned
If any of them were still twitching, I'd have reloaded again. Dead men tell no tales. He wouldn't be in court to testify.
Tony
Founding Member
While that is true, you might have a hard time explaining exactly how you had time to reload a shotgun when your life was in imminent danger.
In most states it would be a one way ticket to consucutive life sentannces on your part.
BBB725
Benefactor
That's easy, I had 1 foot on the guys throat while he was trying to get up so both hands were free:sifone:
catastrophe
Registered
"If any of them were still twitching, I'd have reloaded again. Dead men tell no tales. He wouldn't be in court to testify"
"In most states it would be a one way ticket to consucutive life sentannces on your part. "
It could only be better if it happened on Christmas Eve.:bump:
Pass me the cake mix.
"In most states it would be a one way ticket to consucutive life sentannces on your part. "
It could only be better if it happened on Christmas Eve.:bump:
Pass me the cake mix.
These days it doesn't take live testimony to tell the story. They're pretty good at collecting forensic evidence and reconstructing what happened.
The old "If you shoot 'em on the porch, drag 'em inside" thing stopped working in the 50's.
cuda
Banned
I doubt there would be a jury in the country that would convict under those circumstances.
cuda
Banned
Like my lawyer once told me: You only know three answers, yes, no, and I don't recall.
cuda
Banned
In Florida, you don't need to prove you were in fear of your life, and you are under no duty to retreat.
cuda
Banned
A cop working a case that I'm involved with, told me to do the state a favor and just kill him. He has a yellow sheet that goes back to when he was 18, and more before that, but they are sealed because he was a juvie. First the cop asked me if I had any recording devices on me, then he said to just kill him. Save the state the cost of a trial, and incarceration. He's a three time felony loser. Supposed to be mandatory life, but I doubt it. I have a loaded 12 guage with 3 inch slugs that will shoot right through the door. If the lead don't kill him, I imagine the splinters would. One of his previous cases involved murder. I'd have no compunction about taking him out at all.
On paper it all looks good. But we live in a land where active duty law enforcement officers have used deadly force in situations that by all appearances was necessary to preserve their own lives- and they were prosecuted for it. So if you think all you have to do is wave a printout of Florida's castle doctrine and you're off, I don't know if it's that easy. Especially if you run across a prosecutor that wants to push it.
It may come down to just how good of a defense you can afford. And good lawyers and expert witnesses flying in from out of stare can be expensive.
No castle doctrine-based law in any state gives you the right to fire at an incapacitated subject. In fact, Florida statutorally adds the presumption that the person using lethal force must have a reasonable fear of death or serious injury.
Castle doctrines only protect you if your use of force is lawful. And each state defines it in different ways. And if the law enforcement agency and prosecuting attorney can make a case to a grand jury that there was probable cause to suspect your action went beyond the limits defined statutorally, you're going to get to defend yourself in a murder trial.
It may come down to just how good of a defense you can afford. And good lawyers and expert witnesses flying in from out of stare can be expensive.
No castle doctrine-based law in any state gives you the right to fire at an incapacitated subject. In fact, Florida statutorally adds the presumption that the person using lethal force must have a reasonable fear of death or serious injury.
Castle doctrines only protect you if your use of force is lawful. And each state defines it in different ways. And if the law enforcement agency and prosecuting attorney can make a case to a grand jury that there was probable cause to suspect your action went beyond the limits defined statutorally, you're going to get to defend yourself in a murder trial.
cuda
Banned
I don't know of a single case where the resident was prosecuted when using the Castle Doctrine in Florida.
I imagine you might lose a jury's sympathy if you shot someone that was incapacitated, but the state attorney would have to make that call. I'd stake my freedom, and the other guy's life whether the Castle Doctrine will hold up or not. At least I'd be breathing, while the other guy took a dirtnap.
I imagine you might lose a jury's sympathy if you shot someone that was incapacitated, but the state attorney would have to make that call. I'd stake my freedom, and the other guy's life whether the Castle Doctrine will hold up or not. At least I'd be breathing, while the other guy took a dirtnap.
Expensive Date
New member
Does the name Bernie Goetz ring a bell.Damm I 'm getting old I remember getting transit overtime looking for this guy.
Maybe I'm misunderstanding you...
I'm taking by what you're saying that if you shot someone in self defense and wounded them, you'd reload and fire at them again, even if they were down and not in the physical grasp of a weapon?
Expensive Date
New member
So,....in a premeditated kind of way you've figured out a method to kill a person (albeit with a second or third round) despite the fact that they are no longer a threat to you.....
catastrophe
Registered
Birdog
Charter Member
We dont have to worry about that in Ohio anymore...We have Castle Doctrine now....Hurray !
Good to see you back CUDA !
