Defense of Home
POSTED BY: StillFlyin
UPDATED: Wednesday, May 10, 2006 07:32
VIEWED: 10548
PAGE 1 of 9
Florida has recently introduced a new law that removed the "duty to retreat" in situations that involve home invasion and burglary, allowing homeowners to use deadly force to protect their home . What do you think of this new law?
P.S.
Here's the URL to the Florida Statutes containing the new law. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute
&Search_String=&URL=Ch0776/SEC013.HTM&Title=-%3E2005-%3ECh0776-%3ESection%20013#0776.013
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
"Necessity" has always been a valid legal defense.
Quote:
"A person is justified in threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. The person must have a reasonable belief that there is imminent danger of death or serious bodily injury. The danger creating the belief of imminent death or serious bodily injury must be real, or honestly believed to be real at the time, and must be founded upon reasonable grounds. There is no duty to retreat before a person threatens or uses force."
—Tennessee Code 39-11-611(a)
"A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612."
—Tennessee Code 39-11-621. Use of deadly force by private citizen.
citizen's arrest.
an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen. Note: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence.
—Merriam-Webster's Dictionary of Law ©1996
Everyone should read the law in their state on self defense and citizen's arrest. Handgun Carry schools also teach a little about the legal repurcusions for using a firestick for self defense, but don't teach anything about citizen's arrests.
Last week a man shot and killed a suspected burgler OUTSIDE his home, lurking in his yard. Apparently his yard was not fenced, nor posted with No Trespass signs. He apparently did not attempt a citizen's arrest. He was not under attack. The alleged trespasser apparently was not armed with a weapon. He was arrested for second-degree murder, under Tennessee law.
http://wbir.com/news/archive.aspx?storyid=33914
Illiteracy of the law is very expensive. That's why it's a good idea to always defend oneself pro se in traffic ticket and parking ticket trials. If you can't win those little cases, how can you win a "real" defense, such as self defense? It costs at least $100,000 cash in advance for a competent, motivated lawyer for a murder case, not counting appeals. It's cheaper to read the law, buy some pro se books and attorney textbooks, and go watch some real trials, instead of Judge Judy and Cops on TeeVee.
It's not all together wise to sneak up on a man when he's handlin his weapon.
-Mal, Heart of Gold
FIREFLY SERENITY PILOT MUSIC VIDEO V2
Tangerine Dream - Thief Soundtrack: Confrontation
http://radio.indymedia.org/news/2006/03/8912.php
NOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
For once, I agree with Piretenews 100%. If you don't know the law, you'll likely be screwed by it at some point.
As for the new law, good for Florida. As far as I'm concerned, everyone has the right to defend themselves, others, and their property. I'm glad to see that Florida agrees.
You're welcome on my boat. God ain't.
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Quote:Do I endanger my rep as a 'liberal' with the more 'conservative' peeps on this board if I agree you, Reaverman?
Originally posted by reaverman:
As for the new law, good for Florida. As far as I'm concerned, everyone has the right to defend themselves, others, and their property. I'm glad to see that Florida agrees.
Well, I do anyway
.Chrisisall Libertarian-like
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Quote:
Originally posted by chrisisall:
Do I endanger my rep as a 'liberal' with the more 'conservative' peeps on this board if I agree you, Reaverman?
Well, I do anyway
Chrisisall Libertarian-like
It doesn't make you totally illiberal (is that a word?), it just makes you a moderate. Of course, that also means you are liable to be snarked by both sides...
You're welcome on my boat. God ain't.
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Hi all,
I lived in Florida most of my life. (28 years) When I applied for a Concealed Weapons permit, (9 years ago) it was explained to me in excruciating and painful detail when I could and could not legally use lethal force to defend myself.
There were two scenarios I remember being discussed in class.
Scenario 1) I have a pocket knife. I am walking down the street and a man jumps me, and starts pounding me with his fists. I am battered and bruised and bloodied, and as he straddles me and pounds me, I whip out my pocketknife and eviscerate the SOB. Result? I am likely to be arrested and sent to jail and possibly convicted of a crime.
Scenario 2) I am in a parking lot. A man approaches me with a knife and threatens my life. I am armed with a concealed pistol. What am I allowed to do? I am allowed to either give him my life (no, thank you) or I can run. Now, running isn't a bad idea in this situation, especially if it gives me time to get to my gun. But I'm not allowed to do that. I am allowed to run. And run and run and run. I can hide behind cars. I can cry out for help. If he pursues me, I must run and run and run until I am physically incapable of evading him any longer. Then I can shoot him.
I thought these two scenarios were the most intrinsically stupid ideas I'd ever heard in my life. I felt like it gave the criminal who was attacking me more rights and freedoms than it gave me.
I am glad the obligation to flee has been removed. I will be equally glad when use-of-force restrictions are removed for situations where an attacker clearly intends you 'grievous bodily harm.' I don't want to have to moderate my response. He might be better at combat than I am, and treading on eggshells in my reaction is likely to make an omelette out of me.
--Anthony
"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
For schools on how to make citizen's arrests, sign up with the international Guardian Angels.
www.guardianangels.org
It's founder, Curtis Sliwa, is a talk radio and TV host in NY City, who was kidnapped by John Gitti Jr is a stolen taxicab, then gunmen opened fire on him while locked in the back seat. Sliwa fought his way out of the cab by climbing out a front window past the gunmen, then falling out of the car on the crowded street. Gotti Jr "won" TWO temporary mistrials thanks to bribery and jury nullification, after prosecutors dropped the charge of attempted murder!
www.wabcradio.com/showdj.asp?DJID=1726
http://radio.about.com/b/a/247297.htm
www.ganglandnews.com/gottijr.htm
www.ganglandnews.com/column336.htm
That's the problem with NY City's "Victim Disarmament Zone", since only the criminals and copsters have guns (same thing). This scam also protects gangsters in Gangsta Govt from mass arrest and/or lynching, as proven in the mass citizen's arrests of an entire sheriffs dept for election fraud, in the Battle of Athens, Tennessee in 1947.
www.geocities.com/redneckelectiondeathmatch
So making an unarmed citizen's arrest is a bad idea, unless the perp is also disarmed. Gotti's sleazy sister Victoria gives new meaning to Media Mafia with her network TV show "Growing Up Gotti".
Citizen's arrest powers MUST be combined with firearms. Only disarmed slaves live in NY City and Washington DC, as the slaves discovered on 9/11/2001. Compare to Kennesaw, Georgia, where city ordinance REQUIRES every adult resident to own a gun, just like during the American Revolution.
Quote:
Gotti Jr. Dodges Legal Bullet with Second Mistrial
by Nancy Solomon
All Things Considered
March 10, 2006
In New York, a federal jury deadlocks in the racketeering trial of accused mob boss John "Junior" Gotti. It's his second mistrial in eight months. Prosecutors say they'll try Gotti a third time, and the judge indicates she'll set a new trial date on Monday.
www.npr.org/templates/story/story.php?storyId=5257064&ft=1&f=1001
www.courttv.com/talk/chat_transcripts/2005/0812gotti-bloom.html
Junior Don Behind Curtis Sliwa Shooting
By Jerry Capeci
Gangland News
June 26, 2003
As an act of revenge for badmouthing his old man on talk radio, John A. (Junior) Gotti ordered the 1992 shooting of Guardian Angels founder and radio host Curtis Sliwa, according to new evidence obtained by federal authorities.
The sensational shooting is one of several acts of mob violence that the feds have now tied to the younger Gotti, (right) Gang Land has learned.
Sources say the feds have evidence that Junior ordered crew members “to teach (Sliwa) a lesson” for his repeated portrayals of the late Dapper Don as a low life gangster who deserved to be jailed for life for his April 1992 racketeering and murder conviction.
Sliwa was shot and critically wounded by two gangsters who picked him up in a stolen taxi cab outside his East Village apartment as he left for his early morning talk show at about 5 A.M. on June 19, 1992 – four days before Gotti was sentenced to life.
Shot in the back and both legs, Sliwa underwent two operations, and spent three weeks in Bellevue Hospital. On his release, Sliwa resumed his show – co-hosted at the time with his then-wife Lisa Evers – and accused associates of Junior Gotti with being responsible for the attack.
No one has been charged in the case, and until today, none of the alleged participants has ever been named.
Sliwa often refers to the shooting on his WABC radio show – now co-hosted by radical left-wing attorney Ron Kuby. Yesterday, for example, during a promo for a health plan, Sliwa recalled how he was “shot full of lead by the Gambino family” in 1992 when he failed to practice “preventive medicine….and keep my mouth shut.”
Turncoat capo Michael (Mikey Scars) DiLeonardo, (left) who began cooperating with the feds last fall, has given the feds the lion’s share of the information concerning the several violent accusations against Junior, including the shootingNOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
There is no citizen's arrest in Florida.
--Anthony
"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Quote:
AnthonyT wrote:
There is no citizen's arrest in Florida.
ALL states have citizen's arrests. That's the ONLY way a private security guard can make an arrest of a shoplifter, and the only way a cop can make an arrest in pursuit outside his jurisdiction or off-duty. It's the only way a citizen can stop a burgler.
Quote:
A Private Investigator is, as the name implies, a private individual engaging in investigative work. The Private Investigator is not a public law enforcement officer or federal agent. A Private Investigator has no rights of arrest or detention beyond the rights given all citizens under common law (popularly known as a "citizen's arrest.").
www.floridadetectives.com/art_hiring.htm
Supreme Court of Florida:
We have jurisdiction. See art. V, § 12 Fla. Const. The charges brought by the JQC stem from conduct exhibited by Judge Cope while attending an out-of-state judicial conference in April 2001. The investigative panel accused Judge Cope of (1) being publicly intoxicated on two nights; (2) stealing a hotel room key belonging to two women; (3) engaging in inappropriate conduct of an intimate nature with one of the women; (4) prowling and attempting to forcibly enter the women's hotel room; (5) making a material false
statement to the police after being placed under a citizen's arrest; and (6) failing to
disclose his citizen's arrest upon returning to the bench.
www.law.fsu.edu/library/flsupct/sc01-2670/op-sc01-2670.pdf
Gangsta Govt serial killer Colonel Bo Gritz attempted citizen arrest, but judge and homicidal hubby spent $100,000 of Terri's "rehab" settlement on hiring off-duty cops to kill her!
Bo Gritz Radio Show
www.theamericanvoice.com
Citizen's arrest attempt of Schiavo, judge. Green Beret Bo Gritz intervened in Ruby Ridge to escort family to safety. Former Green Beret Commander Bo Gritz is trying to conduct a citizen's arrest of Terri Schiavo's husband and the judge who ordered the brain-damaged Florida woman's feeding tube removed so she can be legally starved. The 66-year-old retired Army Lt. Colonel with his wife, Judy, arrived in Florida from their home in Nevada yesterday with the intent of arresting anyone involved in removing the life-sustaining tube.
www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43347
Govt cops are FORBIDDEN from making any arrest for a misdemeanor crime that they are not eyewitness to. In those cases, the eyewitness citizen complainant actually makes the citizen's arrest, and the cop just takes custody and delivers the alleged perp to jail. This is what happens in shoplifting cases with private security guards.
Citizen's arrest is a Common Law right in every state that hasn't already written a statute for it. Common Law existed long before USA, and was incorporated by all the state constitutions.
Society would cease to exist without citizen's arrest authority, since the vast majority of "cops" are actually corporate security guards. Govt copsters are too busy carjacking and extorting safe drivers by a hundred million bogus traffic tickets every year, to worry about catching thieves and muggers, since there's no profit in that.
The Media Mafia and Gangsta Govt want ignorant disarmed slaves, who can be robbed via extortion by taxation. Citizen's, on the other hand, know they have the right to make citizen's arrests, and know how to lawfully use a firearm for justifiable homicide in self defense.
I've been shot too many times to be scared of a gun. That hat makes you look like an idiot.
-Womac, Alliance copster
FIREFLY SERENITY PILOT MUSIC VIDEO V2
Tangerine Dream - Thief Soundtrack: Confrontation
http://radio.indymedia.org/news/2006/03/8912.php
NOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Quote:
Originally posted by AnthonyT:
Hi all,
I lived in Florida most of my life. (28 years) When I applied for a Concealed Weapons permit, (9 years ago) it was explained to me in excruciating and painful detail when I could and could not legally use lethal force to defend myself.
There were two scenarios I remember being discussed in class.
Scenario 1) I have a pocket knife. I am walking down the street and a man jumps me, and starts pounding me with his fists. I am battered and bruised and bloodied, and as he straddles me and pounds me, I whip out my pocketknife and eviscerate the SOB. Result? I am likely to be arrested and sent to jail and possibly convicted of a crime.
Scenario 2) I am in a parking lot. A man approaches me with a knife and threatens my life. I am armed with a concealed pistol. What am I allowed to do? I am allowed to either give him my life (no, thank you) or I can run. Now, running isn't a bad idea in this situation, especially if it gives me time to get to my gun. But I'm not allowed to do that. I am allowed to run. And run and run and run. I can hide behind cars. I can cry out for help. If he pursues me, I must run and run and run until I am physically incapable of evading him any longer. Then I can shoot him.
I thought these two scenarios were the most intrinsically stupid ideas I'd ever heard in my life. I felt like it gave the criminal who was attacking me more rights and freedoms than it gave me.
I am glad the obligation to flee has been removed. I will be equally glad when use-of-force restrictions are removed for situations where an attacker clearly intends you 'grievous bodily harm.' I don't want to have to moderate my response. He might be better at combat than I am, and treading on eggshells in my reaction is likely to make an omelette out of me.
--Anthony
"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner
I always thought that this sort of thing was ridiculous, as someone else pointed out, the criminals have more rights than the victims in this country. For the most part I am proud to consider myself a liberal, but the rampant destruction of our justice system (you shouldn't have fought back you hurt him, his childhood was bad, if society had just cared more) is something that ROYALLY pisses me off.
On a lighter note, anybody else wondering how much hard drive space Piratenews's posts take up? I would bet that even with the people on this board who post constantly Piratenews probably takes up the largest chunk of space.
NOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME