Thursday, December 30, 2010

Florida self-defense laws

Self defense is legal protection for the use of violence, even deadly force to protect the life or the life of a third party. 2005'S was by Governor Bush Florida in the first Member State, a "stand your ground law," the right to extend home in other sectors, including in the workplace and in a car to defend to pass. The Bill was since then duplicated elsewhere. Ultimate previous history protein extraction polymerization came to the right of "Stand Your Ground" Florida in 1895 when Bart v. United States her all the principle that there is no obligation to retreat from where one has the right to be. Fix another decision of the Supreme Court came in 1921, when Chief Justice Oliver Wendell Holmes justification believe strength, dominated as self-defence by the defendant imminent threat, reasonable was appointed has not if it is reasonably possible to escape or to disarm the aggressor. These cases constitute "Castle doctrine" has made available to defend rights, even in the home.ConsiderationsEven where an intruder at home, use of deadly force, teaching, in the old Castle, is limited. Use of force must be proportional to the threat, the limit of the deadly violence for extreme cases or at least in the case where there is a clear physical danger. To neutralize preventive use of force to a threat can fall under self defense, but if an attacker ceases to be a threat, self defense no longer applies. After a crime has occurred, as the victim of rape, later pursues and the rapist kills self defense as a reprisal attack. Laws of Florida, self-defense, but significantly modified many of these had the right "Stand Your Ground" - limitations.EffectsFlorida three significant impact on the laws in force. Firstly, the justification of strength in the House of the Castle has expanded doctrine. While as before, Defender should prove that they were in danger to justify your life the deadly force new law power illegally is deadly Justifait against anyone in the House, you are a physical threat or not. Secondly, the definition of the "Castle" was extended only home on boats and cars, which is supposed to defend a person rather than retreat. Thirdly, it provided that deadly violence meters with deadly force in the same proportion, everywhere and anywhere regardless to defend the Castle Doctrine.FunctionSupporters Florida law argue the law, that is, send a message to future violent criminals. And, of course, it protects legitimate citizens who apply violence, to protect themselves. Critics say that Act miscarriage of Justice can produce where unarmed attacker killed even though he has no intention of violence against the alleged Defender. Theoretically a thief can of stealing a boat for equipment rises legally by the owner, killed self defense, are also supported if there no physical attack or threat posed by the intruder. Previously, the use of force was protected as "Stand your ground Florida" Act deal with self defense as straight line that reflects a conservative state largely proportional threat.SignificanceWhile who say many self defense is legally structured civil liberty rather than a natural right. NRA Director Wayne LaPierre named as a "first step in a strategy morbidity" Florida 2008, had in eleven countries in the South, including Alabama, Georgia, Kentucky, Louisiana, Oklahoma "Stand Your Ground" laws adopted Exas and in Tennessee. In the 1980sn Florida became a leader in the creation of laws to carry concealed weapons.

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