GotSteel -> RE: Stand Your Ground II (6/20/2012 7:29:35 AM)
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quote:
ORIGINAL: BamaD The whole thing comes down to the question of does the bad guy get a free shot. It does? That seems kind of strange to me.... That's not a position that I'm holding, that's not a position that you're holding so I'm confused about how our discussion could all come down to that question? Can you quote anyone as saying that you have to wait until after the other guy shoots? quote:
ORIGINAL: BamaD If you can't fight back untill he actually attacks you this means he has to shoot first. It does? Can you provide any sort of evidence to back up that assertion? quote:
ORIGINAL: BamaD But of course nobody is going to be stupid enough to say it that way. They say you have to retreat, as if an assalent won't follow you, call the cops as if he won't shoot you for trying, wait till he actually attacks you which is give him the first shot. I'd really like it if you'd stop sticking words in other peoples mouths. quote:
ORIGINAL: Williams v. State, 252 So. 2d 243 - Fla: Dist. Court of Appeals, 4th Dist. 1971 See the restatement of the Garner rule in Fine v. State, 1915, 70 Fla. 412, 70 So. 379, where the court said: "Upon the trial of an indictment for murder where the defense is self-defense, the character of the deceased as to peace and quiet frequently becomes a material subject for investigation. If the evidence, as in this case, is conflicting upon the question as to who began the difficulty, or whether the deceased's conduct or actions just prior to the encounter reasonably justified the belief that he was about to make an assault upon the accused, evidence as to the general reputation of the deceased for peace and quiet may lead the jury to a correct conclusion as to the guilt of the accused by enabling them to determine who really began the difficulty, and the reasonableness of the defendant's belief as to imminent danger to himself of great bodily harm or death from the deceased. * * *" (Emphasis added.) I'm skeptical that what you are saying has ever been true. I can certainly find rulings going back quite a bit that you didn't have to wait. quote:
ORIGINAL: BamaD It is true that when the assalent demands yor money he has committed a crime. But untill he resorts to violence your not allowed to except under syg laws. Nope, you didn't have to wait "untill" before syg, you just couldn't chase someone down and stab them to death before syg.
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