Saturday, October 24, 2009

I live in florida, under the castle doctrine what would happen to a minor who killed someone in self defense?

or the defense of someone else
Answers:
The FLorida Castle Doctrine establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.

It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.

Therefore, based ONLY on the facts you presented, which are not that many, anyone, regardless of age, is protected under the Castle Doctrine if they shoot an intruder.
If a minor killed someone in self-defense, the castle doctrine would be a moot point even if he was in his own home. If the minor was in someone else's home, and he was not the aggressor, then he has a right to defend himself regardless of whose home he is in. If the minor was the aggressor then he can't use self-defense as a justification for his actions. Castle doctrine is really not applicable here---especially without more facts.

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