Quote:
Originally Posted by theking
The way I understand Florida's self defense law is pretty much no matter the circumstances...who started what etc...or whether there are injuries or not...if at any time a "reasonable" person becomes in fear for his life or great bodily harm that person can apply self defense and use deadly force.
So the only real test for the use of deadly force...is if a reasonable person would become in fear for his life or great bodily harm.
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Yes. The law is ridiculous. When it was created most people had in mind situations where someone is the victim of a home invasion or carjacking. Most people did not foresee this type of situation in a public place where a series of misunderstanding and mutual fear can lead to someone getting shot dead.
I live in an area which isn't the greatest and it's somewhat touristy so sometimes you get drunk people around who are complete strangers. There is a store right across the street and sometimes at night I will walk to the store. Sometimes, unfortunately, I encounter some shifty individuals between my home and the store. I remember once there was one guy who was clearly on something. I was armed. I keep my hand on my weapon and have it ready to go whenever I feel threatened. He came towards me and started mumbling something. I perceived him as a threat so I yelled at him to back away and not come any closer. Had he came closer I would have been ready to defend myself one way or another. I probably would have at least took out my weapon and I possibly would have used it depending on the situation such as if he tried to grab me, swing at me, pulled a knife, etc. That's just how it is. There are gray areas. You don't want to lose control of the situation and allowing someone like that to get in close range would have been a mistake which arguably could have been fatal for me if he was a bad person up to no good.
He was probably just a drunk bum asking me for a quarter and he probably wanted to shake my hand in order to increase the odds that I would give it to him. But how did I know that? I used my wits and instead of pulling out a firearm and blowing him away I first demanded that he step back and stay away. He did so and apologized. Great. But just as easily he could have been too messed up and it may have ended differently. If I shot him and it was all just a misunderstanding where he was unarmed and with no criminal record I would have been ready to take personal responsibility for that. It was my choice. I made the wrong call and I overreacted.
You have to protect yourself but you can't be stupid either and if you are you should pay the price. Zimmerman was being stupid and a kid is dead for it. Even if that kid was being a bit stupid himself. There needs to be a price. There needs to be a deterrent to blowing people away every time you feel threatened or you get in a questionable position. This isn't Texas in 1834.