[quote]Alpha F wrote:
[quote]four60 wrote:
Many states have similar laws. Some say you must try to flee even in your own home if someone comes in KNOWING your home. Other states with sense say if you show an intent (breaking into a home with people inside) that is enough to defend yourself. [/quote]
I am glad you mentioned this.
I am glad in Florida I do not have to flee from my own home.
I would find that very difficult because it encourages you to live like a victim.
One’s body and one’s home are very personal boundaries.
Every man?woman has a line that cannot be crossed without consent. [quote]
Now if she has a good lawyer he could say " with the kid screaming and her heart pounding how could she truly know what was being said. Only knowing this fools original intent was to do harm of some kind. And who is to say how many seconds it took for her to empty that weapon?[/quote]
I would say that in the same way, a positive scenario between a man and a woman in which man will say anything to get the lady, we women know that sometimes men are just trying to get us to surrender.
And in this negative scenario he could have been playing her, because he knew by “pleading” he was going to appeal to her female “I felt sorry for him” weakness, and could have easily subdued her, raped her and killed her with her own gun.
I would absolutely maintain, if I were her, that in spite of what he was saying, she still felt threatened for her life and feared he would attack her and she kept shooting until she was able to be away from him enough to flee.
Problem with that is that forensics can tell how far apart she was from him, the angle each bullet traveled through his body and whether she shot from his back ( meaning he would be pleading to stop and leaving the house ahead of her - implicating her for attempted murder ).
If he was running for the door and she kept shotting I think she could end up being charged.
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In Florida, you have Stand Your Ground. In Wisconsin, we have Castle Doctrine (thank you, Scott Walker!). Someone correct me I am wrong but we both have the right to defend ourselves with lethal force. In WI, you have to be in danger physically (or someone else in the house or business) but you cannot use the doctrine to protect property. I’m not entirely certain if I would be able to use this defense should a person try to run for the door after I have fired. I would think not but I’ll research that. Have you discovered your rights regarding that in Florida yet?
You bring up such a good and relevant point about victim mentality. Who wants to live that way? We, as women, must learn how to be responsible for our own safety because our husbands might not be there and, more often than not, police are investigating what has already happened as opposed to preventing the occurrence.
Would you have kept firing at a man that broke into your home and then begged you to stop shooting him? I would given the circumstances in that link that you posted. If he had tracked her down in the home to that point, he isn’t robbing her. It would be safe to assume he would rape or kill her and/or her children. I’d have to ignore my womanly, compassionate side. If forensics determined that I had used excessive force, so be it, my family is safe so it was worth it. I mean, who is the victim here?
WI also has laws to prevent an intruder from suing you for things like medical bills should they survive. Who has the nerve to do that? Is Florida the same?