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Posts tagged "Use of Force"

Stand Your Ground Defense Applies Even if the Alleged Victim Is Unarmed

Florida's Stand Your Ground Law (SYGL) (ยง776.032, 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. 

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