About Florida Self-Defense Laws
Self-defense is a legal protection for the use of force, even deadly force, to protect one's life or the life of a third party. In 2005, under Governor Bush, Florida became the first state to pass a "Stand Your Ground Law," expanding the right to self-defense in the home to other areas including the workplace and in a car. The law has since been duplicated in other states.
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History
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The crucial precedent for Florida's "Stand Your Ground" law came in 1895 when Beard v. United States set forth the principle that there is no duty to retreat from a place one has the right to be. Another landmark Supreme Court Decision came in 1921 when Chief Justice Oliver Wendell Holmes ruled the justification of force as self-defense was determined by the defendant's reasonable belief of immediate danger, not on whether it was reasonably possible to escape or disarm the assailant. These cases were the foundation for the "Castle Doctrine," which provided rights of self-defense in the home.
Considerations
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Even in the case of an intruder in the home, under the old Castle Doctrine, use of deadly force is limited. The use of force must be proportionate to the threat, limiting deadly force to extreme cases, or at least to cases where a clear physical danger is present. Pre-emptive use of force to neutralize a threat can fall under self-defense, but if an assailant ceases to be a threat, self-defense no longer applies. Self-defense does not justify retaliatory attack after a crime has taken place, such as a rape victim who later tracks down and kills the rapist. Florida's self-defense laws, however, have significantly modified several of these limitations.
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Effects
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Florida's "Stand Your Ground" law had three important effects on existing law. First, it expanded the justification of force in the home under the Castle Doctrine. Whereas as previously, defenders had to prove they were in danger of their lives to justify deadly force, under the new law deadly force is justified against anyone who illegally enters the home, whether they are a physical threat or not. Second, the definition of "castle" was expanded from just the home to include boats and cars, which a person is expected to defend rather than retreat. Third, it provided the right to counter deadly force with deadly force, in proportion, anywhere and everywhere independent of the Castle Doctrine.
Function
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Supporters of Florida's self-defense law argue the purpose is to send a message to would-be violent criminals. And, of course, it protects lawful citizens who use force to protect themselves. Critics say the law could produce miscarriages of justices where unarmed intruders are killed even when there is no intent of violence against the supposed defender. Hypothetically, a thief who boards a boat to steal equipment can be legally killed by the owner, who argues self-defense, even if there is no physical attack or threat by the intruder. Previously, the use of force would have to have been proportionate to the threat.
Significance
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While many would argue self-defense is a legally structured civil liberty instead of a natural right, laws like Florida's "Stand Your Ground" act treat self-defense as a right, one that reflects a largely conservative state. NRA Executive Vice President Wayne LaPierre called the Florida measure a "first step of a multistate strategy." As of 2008, "Stand Your Ground" laws had been enacted in eleven, primarily Southern, states including Alabama, Georgia, Kentucky, Louisiana, Oklahoma, Texas and Tennessee. In the 1980s, Florida had been a leader in creating laws allowing carrying of concealed weapons.
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