flcjinflorida
New member
I want to know what everyone thinks about the Castle Doctorine that has been put into law in Florida.
The Florida "Castle Doctrine" law basically does three things:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.
It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
the castle doctorine states that if a person comes into my house,
It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle
I can use my weapon automatically without any recourse from the police, because that person was on my property.
who forcibly enters or intrudes into your home or occupied vehicle
However, i wonder if the home that was raided had been in a confirmed Castle Doctrine jurisdiction (may be, not sure about MS), could the owner have opened fire on the policemen before they established their ID/office and been protected by the Castle Doctrine
If so, would the resulting shooting of the home owner be a wrongful death or a murder/manslaughter?
It would certainly suck to shoot an officer who had the wrong house number, but i'm thinking it would not suck as much as being shot by a home-invading, tacticooled-up robber.
The death highlighted issues around the rights of homeowners to protect themselves and the limits of those rights outside the home.
When a homeowner shoots an intruder, N.C. law allows prosecutors to rule it justified. But McClure drove after the robbers, plunging the case into a gray area, legal experts told the Observer
Past me or the Mrs.? Sumbuck is gonna be real lucky I am armed with only a couple hamhocks permanently attached to the ends of my arms... He is getting cold cocked and I will put the boots to him when he hits the floor.If the pushy salesman steps thru my front door