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Pastimes : Let's Talk About Our Feelings!!!
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To: Grainne who wrote (102781)5/1/2005 11:50:39 PM
From: Alan Smithee   of 108807
 
I think the question of necessity has to be subjective.

Did the shooter believe in his or her mind, based on all the facts and circumstances, that he or she was in imminent danger of severed bodily harm?

What takes it out of the realm of the subjective is whether that belief is reasonable.

That question is answered in light of what others in the community would believe to be the case, again based on all the facts and circumstances.

In reality it is nothing more than the test prosecutors go through in evaluating claims of self defense.

As I understand it, what the Florida law changed was that it removed the obligation to retreat from an imminent threat. One can now stand his or her ground and still have available the defense of self-defense.
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