STAND YOUR GROUND LAW FLAWS & FAILURES VALUES PROPERTY MORE THAN LIFE IN TAMPA BAY FLORIDA

Florida was the first state to pass a Stand Your Ground Law and under withering national criticism Florida may be the first state to repeal it. Stand your ground has been extensively discussed and ridiculed in this Blog as being Your Perfect Defense to Murder in Tampa Bay Florida, long before the current newspaper cases and more recently here. The law is leading to rampant injustice where killers are protected even when the killer began the altercation, according to Tampa Bay Times. One case involved a botched burglary to an automobile where the burglar was seen, was chased and was killed, all before the police were called, sadly in fact not even a Clearwater Criminal Defense Attorney was called. 
Under the previous Florida law a common law standard prevailed which required that a person attacked in a public place must retreat if possible. This is not an unreasonable standard and has been the rule of law for a few hundred years in civilized societies.

Governor Jeb Bush vanishes after signing stand your ground law in Florida
Magritte, Man Reading Newspaper, 1928

Under the new Florida law anyone who is attacked anywhere whether in their home or not, “has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force.” 
A significant flaw in the law is that it actually forbids the arrest, detention or prosecution of anyone covered by the law, and it prohibits civil suits against the gunman. This means that law enforcement must tread carefully before determination to make an arrest, as a wrongful arrest is strictly forbidden under the statute. 

The Florida law destroyed hundreds of years of well thought out common law by expanding the right to shoot anyone who poses a threat, not merely a threat to the occupant of a home’s safety. 
As a professor of law noted, “In effect,” Professor Sebok said, “the law allows citizens to kill other citizens in defense of property.” 
What we have is a Florida Government that values property over life. Every member of the legislature who voted for this law should be voted out of office and that fool of a governor who signed it before vanishing – Jeb Bush,  should be ashamed and as punishment should be forced to read a Pinellas Criminal Defense Lawyer Blog every morning with his breakfast, like I do.

FLORIDA STAND YOUR GROUND LAW UNDER FIRE IN TAMPA BAY & PINELLAS

The recent Orlando death of an unarmed youth killed by a neighborhood watch gunman who seemingly stalked the child before shooting him dead has once again shown that Florida’s Stand Your Ground law is a license to kill even if you’re simply an unarmed Clearwater Criminal Defense Attorney. 


The absurdities of Florida’s Stand Your Ground Law as it relates to many pending Tampa Bay and Pinellas Criminal Cases have already been noted in this blog in the post Stand Your Ground Is Your Perfect Defense to Murder as has not only the press in Florida, where the Orlando Sentinel has attempted to define what is legal and illegal for self defense under the Stand your ground law under the Florida law, as has the national news and here

Pinellas Police Seeking Evidence for Stand your Ground Defense
Pinellas Officers interrogate Defendant in Tampa Bay Florida Stand Your Ground Case
Berg, Hypnotic Seance, 1887

It’s too easy for mistakes, then after the grisly consequences of the mistakes it’s too difficult to adequately define the subjectively of the gunman. The Florida Stand Your Ground Law asks the prosecutors as well as law enforcement to look into the gunman’s mind to determine if the gunman, “held a reasonable fear of imminent peril of death or great bodily harm to himself or others….” see Florida Statute 776.013. There’s at least one Pinellas Criminal Defense Lawyer who is living in reasonable fear of imminent peril of death or great bodily harm because of the law. Florida’s stand your ground law must be amended or repealed. 

JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.