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To: driftdiver

I haven’t read the actual statute, but I don’t think that the word “feel” is in there. At least I hope it isn’t.


8 posted on 06/23/2012 2:29:06 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Mr Ramsbotham
No it doesn't use the word 'feel'. See text below. The law came into being because there were cases where people were convicted for defending themselves because they didn't run away. Oversealous or anti-gun prosecutors would prosecute people who failed to retreat regardless of the threat they faced.

JUSTIFIABLE USE OF FORCE

776.012 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.

10 posted on 06/23/2012 2:38:18 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Mr Ramsbotham

You are correct, the statute does not use the word “feel” or “feels.” It says “reasonably believes.” In the law, the word “reasonable” is a signal that the belief is not measured by the actor’s sense of “reasonable,” but by the jury or judge (essentially, whether the public thinks such belief is reasonable under the circumstances).


32 posted on 06/23/2012 5:08:22 AM PDT by Cboldt
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To: Mr Ramsbotham
In Florida, the law reads this way: "a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony, or to prevent imminent death or great bodily harm to himself or herself or another." [Florida Statute Section 776.012.] "The use of deadly force is further justified when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which the person is located." [Florida Statutes Section 782.02]
111 posted on 06/23/2012 1:59:53 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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