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« Palm Beach Post article | Main | Research on militia and National Guard »

Orlando Sentinel on Castle Doctrine

Posted by David Hardy · 12 June 2006 12:30 PM

The Orlando Sentinel has an article on Florida's Castle Doctrine Law. As you might expect it's negative and of the "be very afraid" variety.

The title: "Gun law triggers at least 13 shootings." It says that 13 people in central Florida have "pulled the trigger this year under a new law that loosens restrictions on the use of deadly force in self-defense."

But the article doesn't try to show that the law played a role in their decisions, or triggered anything (in fact, the one person asked said he wasn't thinking of his legal rights, but of his fear). Five have been cleared of charged, three have been charged, and the other five investigations are pending. And one was an off-duty police officer.

Does it affect the charging decision? In one case, "The case was handled the way we would any aggravated battery without a life-threatening injury," said sheriff's spokesman Jim Solomons. "I don't know if the new law has impacted or affected the way we conduct these types of investigations."

Then it quotes one claiming, "In the old days, we'd say 'Where is the weapon?' Now the person only needs to have a 'reasonable fear of death or great bodily harm' and be able to articulate it," Ring said. "But what's reasonable fear? It's so vague, it's different for every one."

Hate to point it out, but reasonable fear of death or great bodily harm has ALWAYS been the core element of self defense. If anything, castle doctrine bills make it a little clearer, by providing that reasonable fear is presumed if the other person was breaking into a house, etc..

It ends with a quote that is way off: "All you have to say is, 'I was afraid,' and you can blow someone away."

· media

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