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Florida Stand Your Ground analysis

Discussion in 'Carry Issues' started by Bruce M, Jul 22, 2012.

  1. Bruce M

    Bruce M

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    Last edited: Jul 22, 2012
  2. Gunnut 45/454

    Gunnut 45/454

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    Bruce M
    And what does being arrested have to do with shooting someone in self defense? Every American has the right to defend themselves!:faint:
     

  3. Bruce M

    Bruce M

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    There is more to the article than just past arrests.
     
  4. RussP

    RussP Super Moderator Moderator

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    Did you read the article and the accompanying individual case descriptions?

    What isn't said in the initial page of the article is the case outcome breakdown. Of the 119 cases where SYG was claimed or implied, there were 32 convictions, meaning SYG was not justified, 22 cases are still pending, and only 65 proved to be justified use of the law.

    On the page showing the cases by victim, the first is a 9-year old killed during a gang shootout. One of the gang members claimed SYG. WTF?

    You need to read the cases.
     
  5. Chris Chris

    Chris Chris

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    The SYG law is intended to allow a law-abiding Florida citizen who is in a place he/she has the legal right to be, and is acting in a lawful manner at the time, to defend themsleves if they are the victim of an unlawful attack that places them in emminent danger of death or serious bodily injury... WITHOUT THE LEGAL NEED TO FIRST RETREAT FROM THAT DEADLY THREAT.
    They may meet that deadly threat to themselves or loved ones with the appropriate use of deadly force.

    There is also a section about "preventing the commision of a forceable felony".. which does carry some legal hazards if used.

    The law, basically says, you don't have to turn your back and run before you confront a deadly threat.

    Nothing more, nothing less. I'm sure it has been wronglfully claimed as a 'defense' for illegal actions in the past. But, that's why we have courts and reviews.
     
  6. unit1069

    unit1069

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    The Tampa paper didn't break down the specific number of arrests and I suspect a lot of those with past arrest records could include some individuals arrested dozens of times.

    And wouldn't any decent lawyer representing a client try to use the best legal argument to win the case? I don't know how many times I've seen episodes of The First 48 where one gangbanger is attacking another gangbanger and the second one successfully defends himself, with the outcome being no prosecution due to the district attorney's office determining it self-defense.

    The Florida media --- just like the national media --- are manipulating public opinion against the Second Amendment and Stand Your Ground statutes.
     
    Last edited: Jul 22, 2012
  7. FireForged

    FireForged Millenium #3936 Millennium Member

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    well of course the bad guys are going to claim SYG.. why not? Its not like the majority of offenders go into court and plead guilty to serious charges. These statistics mean nothing.
     
  8. fuzzy03cls

    fuzzy03cls

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    Or BS panels that see the need to cave into political BS to investigate the laws.
     
  9. Patchman

    Patchman Florist

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    Well, these ARE the people who would most likely need to defend themselves. :dunno:
     
  10. LoadToadBoss

    LoadToadBoss IYAAYWOT

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    Louisiana law says that in order to use our SYG defense, you could not have been a bad actor in the situation that led to the need to use deadly force.
     
  11. ranger1968

    ranger1968

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    And the Florida law, which predates the ohter states, and which is the model that kmost of the others are based on, stipulates that the person must be engaged in a lawful activity for the law to apply;

    It doesn't mean that people aren't going to try to claim self defense, it simply means that it's going to be rejected.
     
  12. Patchman

    Patchman Florist

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    Drug dealers, violent criminals, whatever, aren't engaged in their job 24/7. They also hang around the house, watch TV, have BBQs, go shopping, surf the 'net and do a host of other legal activities.

    In any 24 hour period, they're probably spending many, many more hours engaged in legal activities than not. No control over when their business rivals may decide to do a 'hostile takeover.'

    What this study should have done (and maybe they did) is to also do a background on the "victims." Then compare the shooters' arrest records against the "victims'" histories and see if any correlation exists.
     
    Last edited: Jul 23, 2012
  13. GlocknSpiehl

    GlocknSpiehl NRA Life Member Silver Member

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    That article was one of the most biased POS I've ever read. They tried to make it sound like people with many convictions and prison terms were using SYG while illegally armed to get off. Only when you get near the end of the article do they explain that the people they have been talking about may have been ARRESTED, none of them had ever been convicted of any crimes whatsoever and most had had charges dropped by the DA without ever going to court! If the article needed to blame someone, it should have taken on the DA's office for not prosecuting the SYG shooters for previous alleged criminal acts!
     
  14. rvrctyrngr

    rvrctyrngr Senior Moment

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    Ummm....the Trib is not exactly known to be fair and balanced, brother!

    The whole point of the article was to insinuate that SYG is used to let BGs off the hook. The numbers tell the true story.