First degree murder is punishable by mandatory life or the death penalty. An individual accused of first degree murder is entitled to have their case heard by a twelve-person jury. The jury's verdict must be unanimous in Florida. An accused commits first degree murder by killing a person "...from premeditated design to effect the death of the person killed or any human being." A killing which occurs during the course of certain statutory felonies can also constitute first degree murder. See §782.04(1)(a) and (b), Fla. Stat. (2013).
Florida's Stand Your Ground Law (SYGL) (§776.032, Fla. Stat. (2013) gives a person both immunity from criminal prosecution and civil liability from the use of deadly force when he or she believes that such force is necessary to prevent imminent death or great bodily harm to self or others or to prevent the imminent commission of a forcible felony. This law also provides that before the reasonableness of force issue is presented to a jury, the trial court must decide whether the case should proceed at all. When the defendant files a motion to dismiss on SYGL, the trial court must decide whether "...based on circumstances as they appeared to the defendant when he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant." This is known as an objective standard; it is not what the defendant believed, it is what a reasonable person would have believed.