Quote:
Originally Posted by Shipping up to Boston
Btw your CA version of entering a dwelling is the anti FL version of Castle Doctrine/Stand your Ground laws.
In CA, under your scenario, the perp probably gets a Swiss cheese sandwich from the State..... In FL, under same scenario, the perp becomes a Swiss cheese sandwich ...  |
Castle Doctrine / Stand Your Ground laws still require the lawful occupant to be in fear for their lives to the degree that the hypothetical "reasonable man" (i.e. - judge or jury) would agree a lawful occupant's life was in imminent (immediate) peril, great bodily harm, or to prevent the commission of a forcible felony (i.e. rape) and that deadly force was the only option remaining. If the suspect is just refusing to leave (or unlawfully flying his drone), Castle Doctrine will not justify deadly force.
By the way, good luck getting 12 rocks in a box (jurors) to agree on what is reasonable or not. You willing to put your freedom at risk having no idea what they or a Soros-approved jurist would consider "reasonable?"
I know a very well educated (Chicago law school) and very bright woman who believes that due to the punishments and added stress to life that being caught committing a crime would bring, a person would be crazy to commit a serious crime. And, of course, being crazy enough to do that would mean they could not be found guilty due to their insanity. No lie, I've argued with this person enough to know they truly believe that.
Look, I'm not arguing for a suspect's rights by any means - in fact I believe they should have very few, I'm just showing how black/white statements are actually very very gray in the criminal justice world and blanket statements rarely apply.