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Old 08-11-2008, 11:32 AM   #16
lilblkmachine
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Well, i know Florida is considered a "cowboy state" and now u can defend urself anywhere, no matter where u are...but how can u justify that ur life was in danger if someone is stealing ur car...
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Old 08-11-2008, 11:33 AM   #17
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Quote:
Originally Posted by lilblkmachine View Post
Well, i know Florida is considered a "cowboy state" and now u can defend urself anywhere, no matter where u are...but how can u justify that ur life was in danger if someone is stealing ur car...
you cant, especially if the person is unarmed
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Old 08-11-2008, 11:34 AM   #18
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Originally Posted by SpdRcrChk View Post
i dunno. i don't remember seeing anything like that in the law. can someone pull it up?

i found this so far:

"A citizen can use deadly force only if, in the words of the law, he or she "believes it is necessary to do so to prevent death or great bodily harm to himself or herself or to another person or to prevent the commission of a forcible felony."
thats the same thing, they can use deadly force if they believe the person is trying to kill them- like running at them with a knife- because that is equal or least amount of force
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Old 08-11-2008, 11:34 AM   #19
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I will ask a prosecutor when I get back from lunch
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Old 08-11-2008, 11:34 AM   #20
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here's a good explanation

from:http://writ.news.findlaw.com/sebok/20050502.html
Quote:
How the New "Stand Your Ground" Law Changed the "Castle" Doctrine

Florida's new "Stand Your Ground" law changes Florida's self-defense rules in several ways.

First, it is now very easy to invoke the "castle" doctrine in Florida.

Under the old law, a person who killed someone in their home had the burden of proof to show that they were in fear for their safety. Now, all a person has to do is establish that the person they killed was "unlawfully" and "forcibly" entering their home when they shot the victim.

That is because the new creates a presumption that anyone who forcibly and illegally enters a home is intent on threatening the lives of the people within. And, at least according to a report written for the Judiciary Committee of the Florida Senate, that presumption is conclusive; it cannot be rebutted with contrary evidence.

So let's go back to Lisa and Bob. Under the old law, Lisa would have had to prove not only that Bob was in her home, but also that she was afraid for her life (or the lives of others in the house). In reality, that was often easy to do -- usually juries would take the word of a living homeowner over a dead burglar (even if the burglar was unarmed). But now Lisa, in theory, has a free hand to shoot even a plainly unarmed burglar as to whom he or she, in fact, felt no fear at all.

Second, the new Florida law expands the definition of "castle" to include vehicles -- such as cars and boats. This expansion the castle doctrine was clearly intended to address carjacking.

Third, in Florida, Lisa can now "stand her ground" even if she is outside of her home. But to do so, she must "reasonably believe" that using deadly force is necessary to prevent "imminent" use of deadly force against herself or others.

Thus, Florida is now joining the large number of states who do not value "life" above the right to stand unmolested wherever one wants. It's unlikely, however, that this change will change outcomes in particular cases.

Previously, all Lisa had to do to win her case was argue that she honestly and reasonably believed that she could not retreat safely. Now, she has to argue, instead -- somewhat similarly -- that she reasonably believed that if she didn't use deadly force, Bob imminently would.

Under either standard, Lisa still has the burden of proof to justify her killing. Also, under either standard, the jury may disbelieve her if there are witnesses around to contradict her story.
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Old 08-11-2008, 11:35 AM   #21
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Quote:
Originally Posted by lilblkmachine View Post
Well, i know Florida is considered a "cowboy state" and now u can defend urself anywhere, no matter where u are...but how can u justify that ur life was in danger if someone is stealing ur car...
you value your car over someone's life? shoot them in the leg and let the cops take care of it.
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Old 08-11-2008, 11:35 AM   #22
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Quote:
Originally Posted by lilblkmachine View Post
Well, i know Florida is considered a "cowboy state" and now u can defend urself anywhere, no matter where u are...but how can u justify that ur life was in danger if someone is stealing ur car...
read my post on page 1.. that should cover you
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Old 08-11-2008, 11:37 AM   #23
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Quote:
Originally Posted by Gh0st View Post
you value your car over someone's life? shoot them in the leg and let the cops take care of it.
ehh, too many things can go wrong, you might have to pay his med bills and possibly get sued
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Old 08-11-2008, 11:39 AM   #24
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Originally Posted by soldiaboy View Post
ehh, too many things can go wrong, you might have to pay his med bills and possibly get sued
I was being sarcastic lol
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Old 08-11-2008, 11:40 AM   #25
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i still dun see where it says use "equal or least amount of force."

although i did see that if there is somewhere u can retreat instead, then you'd have to do that first.
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Old 08-11-2008, 11:40 AM   #26
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Quote:
Originally Posted by Gh0st View Post
I was being sarcastic lol
understood but some ppl might try it or think that way
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Old 08-11-2008, 11:47 AM   #27
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Quote:
Originally Posted by SpdRcrChk View Post
i still dun see where it says us "equal or least amount of force."

although i did see that if there is somewhere u can retreat instead, then you'd have to do that first.
That applies to places out side of your home or business


IIRC The Castle Doctrine applies to apartments because regardless that is your place of stay (residence).

You just can't be a desperado and go on a man-hunt because someone is attemtping to steal your vehicle either. Use of deadly force needs to be justified by imminent danger. This is why you are not supposed to fire on a person no more than 8-10 feet away unless they have a firearm and then it's open game. Why? Because if not you were NOT in danger, and you are minimizing your chances of hitting your target while maximing your chances of not being able to be accountable for your shots. Remember in an event like this you cannot fire say 7 rounds, then pick up the shells.. You have to be able to show that you fired 7 rounds, and show where they hit.
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Old 08-11-2008, 11:51 AM   #28
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The only way i can honestly see someone getting away with it is if the teef runs towards u with a deadly weapon (screwdriver, crow bar, etc.)...

Quote:
Originally Posted by Gh0st View Post
you value your car over someone's life? shoot them in the leg and let the cops take care of it.
If someone tries to steal my car i don't think THEY value their life...beside, u shoot to kill not to wound...If they are dead then the judge can't hear their side of the story...
Quote:
Originally Posted by soldiaboy View Post
understood but some ppl might try it or think that way
U can't shoot someone in the back even if they are running away with ur child in their hand...
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Old 08-11-2008, 11:51 AM   #29
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here's some more info

Quote:
The Florida law is a self-defense, self-protection law. It has four key components:

* It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

* In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

* In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

* If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.
notice it says...occupied vehicle.
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Old 08-11-2008, 11:55 AM   #30
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Quote:
Originally Posted by SpdRcrChk View Post
here's some more info



notice it says...occupied vehicle.
i'll kill'em, then sit in my car till the po-po arrives... ftw.
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Good idea. You cant crash a watch...
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