Yes, but they are increasing rapidly since the law was passed.
It is a claim of some prosecutors that these cases are increasing, they have yet to provide actual numbers. Only one prosecutor, who chose to remain nameless claimed (without substantiated evidence) that cases falling under stand your ground have tripled.
I haven't seen this in the Central Florida/Orlando metro area, which is the second largest metro area in the state.
Still rare but every LEO needs to be aware of this and trained to help ensure that they can help keep criminals from using the law to their advantage.
How? Honestly, how can a patrol officer keep criminals from claiming self defense?
If anything, it's the place of investigators (still LEO's) to gain intel through statements/admissions/confessions during the interview process. Then it is the SAO and possibly the Judge or Magistrate's place to determine if the doctrine applies depending on where the case goes.
Yes, and in the hands of a properly trained police officer the there is usually not a problem
Research "Unjustified Police Shooting" on google. Plenty of people question OIS (officer involved shootings).
but in the case of this young man, we have an inexperienced neighborhood watchman,
Inexperienced and not properly trained, I'd agree. But again, that's not against the law.
who was not supposed to have a fire arm.
This is incorrect. Florida is a shall issue state.
He had a CWP (concealed weapons permit). The firearm that was on his person was carried legally.
We cannot say for sure but a trained LEO probably would not have killed the young man.
This is purely speculation on a hypothetical. LEO's have training and other less-lethal options, Zimmerman did not.
Again, Zimmerman confronting Martin was not the most intelligent thing to do, but it was not unlawful.
Of course that is not the intention of the law but the defense is popping up in many places across Florida and I'm sure in other areas which have enacted such laws.
Or, the media is focusing attention on this doctrine and not understanding that even without this doctrine the same effect is in place due to Florida Statute 776.012 -
[SIZE=-1]776.012 Use of force in defense of person.A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the others imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013
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Though this may be a stretch as well, there could very well be cases where off duty or undercover officers are killed because of this law and the perpetrator be found not guilty.
There's a Statute to deal with this as well -
[SIZE=-1]776.032 Immunity from criminal prosecution and civil action for justifiable use of force.(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorneys fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
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We could also see bouncers or others in that type of profession, who have a tendency to become over aggressive being legally killed.
But yet that hasn't happened and the doctrine is in place right now. There has only been one case in the Orlando metro that made note of self defense when a bouncer was killed. A knife was used by the defendant, not a gun.
It seems that there should be, especially if these type of killings continue to rise.
Again, but this has not happened.