Florida lawmakers vote to expand ‘stand your ground’ law
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On Thursday, a National Rifle Association-backed bill to expand the state’s self-defense statutes sailed through a key state House committee with bipartisan support. It is expected to pass the full chamber. The “threatened use of force” bill would most likely have prevented Alexander from receiving her lengthy sentence, because it amends “stand your ground” to include the threat of force, not just the use of force itself.
As the law is interpreted by some prosecutors now, someone who fires a shot in self-defense and misses is less protected by the law than someone who fires a shot in self-defense and hits his or her target, according to John Banzhaf, a professor of public interest law at George Washington University. That’s because “stand your ground” laws only explicitly protect the successful use of force, not the threat of force, in self-defense. A person who threatens to shoot someone in self-defense is also more at fault than a person who actually shoots and kills an attacker, thanks to the laws.
The bill also exempts people who threaten to use force while attempting to defend themselves from facing mandatory minimum sentences, which has earned it the support of public defenders. Alexander’s 20-year sentence was a mandatory minimum requirement.
“It’d be very strange if a defendant has the right or privilege to shoot somebody in self-defense but he doesn’t have the right or privilege to take out the gun and say ‘Stop or I’ll shoot you,’” Banzhaf said. The bill corrects that misinterpretation.
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http://news.yahoo.com/florida-lawmakers-vote-to-expand--stand-your-ground--law-200940342.html
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