Florida State Legislature : REDACT FL STATUTE CHAPTER 776 SEC. 776.041 2 (A) STAND YOUR GROUND


Florida State Legislature : REDACT FL STATUTE CHAPTER 776 SEC. 776.041 2 (A) STAND YOUR GROUND
The Issue
Chapter 776 of The Florida Statutes covers Justifiable Use OF Force, which is the 'Stand Your Ground' Law. Under section 776.012 it explains justifiable use of force by stating - Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
To summarize the conditions under section 776.013 in which a person is justified in using deadly force are if they feel an imminent threat of loss of life or great bodily harm from another person forcefully entering, or unlawfully entered, a dwelling, residence, or occupied vehicle etc of the person justified in using deadly force.
However, under section 776.041 Use Of Force By Aggressor- states - The justification described in the preceding sections of this chapter is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant.
Florida Legislature, we have to redact subsection 'A' from statute 776.041. If we leave this language as is, in the aftermath of the George Zimmerman not guilty verdict of the death of Trayvon Martin, we send the understanding to those Florida citizens who my know a little more of Florida law than the layman, that "It's ok to be an instigator of conflict - Florida law has your back".
We cannot allow people under the law to instigate or provoke hostililty, then use the statutes such as Stand Your Ground under The Justifiable Use Of Force chapter of Florida Law as an affirmative defense. It's morally and justifiably wrong.

The Issue
Chapter 776 of The Florida Statutes covers Justifiable Use OF Force, which is the 'Stand Your Ground' Law. Under section 776.012 it explains justifiable use of force by stating - Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
To summarize the conditions under section 776.013 in which a person is justified in using deadly force are if they feel an imminent threat of loss of life or great bodily harm from another person forcefully entering, or unlawfully entered, a dwelling, residence, or occupied vehicle etc of the person justified in using deadly force.
However, under section 776.041 Use Of Force By Aggressor- states - The justification described in the preceding sections of this chapter is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant.
Florida Legislature, we have to redact subsection 'A' from statute 776.041. If we leave this language as is, in the aftermath of the George Zimmerman not guilty verdict of the death of Trayvon Martin, we send the understanding to those Florida citizens who my know a little more of Florida law than the layman, that "It's ok to be an instigator of conflict - Florida law has your back".
We cannot allow people under the law to instigate or provoke hostililty, then use the statutes such as Stand Your Ground under The Justifiable Use Of Force chapter of Florida Law as an affirmative defense. It's morally and justifiably wrong.

Petition Closed
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The Decision Makers
Petition created on July 16, 2013