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Response to LuckyTheDog (Reply #21)

Tue Jul 16, 2013, 10:59 PM

50. Query re actual versus perceived danger.

 

You write:

SYG re-defined the entire idea of self defense in Florida.

The ACTUAL danger no longer matters.


I've never read the Florida laws, but the general rule of self-defense in U.S. jurisdictions, as I learned it before the first SYG law was passed, was that a defendant was privileged to use deadly force if he or she had an actual and reasonable belief that there was imminent danger of death or serious bodily injury.

Actual danger wasn't a requirement. If someone pulls out a gun and announces he's going to kill you with it, you'd be privileged to shoot first. Even if it later turns out that he was bluffing you with an unloaded gun, so that there was no ACTUAL danger to you, you would still have a valid plea of self-defense, and you would deserve to be acquitted.

You seem to be implying that that was not the law in Florida before SYG. That seems implausible to me. Are you saying that, until the enactment of SYG, a defendant who shot a victim who was waving an unloaded gun would be convicted of homicide, even if the defendant didn't know that the gun was unloaded?

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LuckyTheDog Jul 2013 OP
SugarShack Jul 2013 #1
blm Jul 2013 #2
LuckyTheDog Jul 2013 #3
LuckyTheDog Jul 2013 #4
Historic NY Jul 2013 #6
LuckyTheDog Jul 2013 #8
Historic NY Jul 2013 #9
Tippy Jul 2013 #12
Igel Jul 2013 #15
Historic NY Jul 2013 #49
Pelican Jul 2013 #53
hrmjustin Jul 2013 #55
tanyev Jul 2013 #5
Historic NY Jul 2013 #7
davidn3600 Jul 2013 #34
tanyev Jul 2013 #52
DirkGently Jul 2013 #10
blm Jul 2013 #13
DirkGently Jul 2013 #14
blm Jul 2013 #47
LuckyTheDog Jul 2013 #17
DirkGently Jul 2013 #18
LuckyTheDog Jul 2013 #21
DirkGently Jul 2013 #24
LuckyTheDog Jul 2013 #27
DirkGently Jul 2013 #30
LuckyTheDog Jul 2013 #33
DirkGently Jul 2013 #46
LineLineLineLineLineNew Reply Query re actual versus perceived danger.
Jim Lane Jul 2013 #50
X_Digger Jul 2013 #36
cthulu2016 Jul 2013 #11
LuckyTheDog Jul 2013 #16
cthulu2016 Jul 2013 #19
LuckyTheDog Jul 2013 #22
MattBaggins Jul 2013 #54
DirkGently Jul 2013 #20
COLGATE4 Jul 2013 #23
DirkGently Jul 2013 #25
COLGATE4 Jul 2013 #26
LuckyTheDog Jul 2013 #28
DirkGently Jul 2013 #40
ctaylors6 Jul 2013 #29
LuckyTheDog Jul 2013 #31
ctaylors6 Jul 2013 #39
X_Digger Jul 2013 #42
LuckyTheDog Jul 2013 #51
X_Digger Jul 2013 #56
DirkGently Jul 2013 #32
LuckyTheDog Jul 2013 #35
DirkGently Jul 2013 #43
anomiep Jul 2013 #44
Lurks Often Jul 2013 #45
LittleBlue Jul 2013 #37
Decoy of Fenris Jul 2013 #38
DirkGently Jul 2013 #41
BootinUp Jul 2013 #48
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