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Re: What Evidence is Required to Raise a Self-Defense Claim in Florida? 

By: Cactus Flower in ALEA | Recommend this post (1)
Mon, 08 Jul 13 2:20 AM | 49 view(s)
Boardmark this board | The Trust Matrix 		Msg. 13945 of 54959
(This msg. is a reply to 13944 by clo)
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hi clo,

yep. I see all of it, including the bits you didn't highlight.

and reading it gives me further comfort that it's a plausible and indeed highly probable case of a person acting reasonably in self-defence during a sustained assault.

the state of z's head is more than a scintilla of evidence that self-defence was necessary. anyone with those injuries amid the continuing assault by m would reasonably have thought themselves in grievous or mortal danger.

aside from that, there is little or no evidence of z following m after the police call, let alone the criminal act of stalking.

there is little or no evidence of provocation of violence by z. that's merely a prosecution speculation which seems to want to pretend its client used a mere feather to tickle z.

there is plenty of evidence of z's injury at the hands of m including the broken nose and welts that you seem unable to acknowledge, along with the bloody lacerations. a likely broken nose is actual evidence of great bodily harm. the welts show the very real risk of a brain injury.

so the notion that z reasonably believed he was at risk of great bodily harm is almost otiose. he was actually injured during m's assault. that he thought he might sustain further injuries as the assault continued is obviously reasonable.

i know that the prosecution's case relies on folks imagining scenarios in which z improbably self-harms himself after shooting m because he was a cold-blooded, depraved, maniacal police wannabe on the inside. but a fair-minded person is not going to take this seriously. especially in light of the fact this is pure fiction.

and that is why the prosecution's case should get thrown out.

unfortunately, m assaulted a chap with a gun. and someone who does that is going to run into trouble.

whereas someone who does not hit the other party but is injured and screams for help and tries to wriggle free offers the very definition of someone to whom the self-defence entitlement applies.

there's no case to answer here. m was no choirboy. he wrote his own destiny. sad but true.


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The above is a reply to the following message:
What Evidence is Required to Raise a Self-Defense Claim in Florida?
By: clo in ALEA
Sun, 07 Jul 13 11:42 PM 		Msg. 13944 of 54959

What Evidence is Required to Raise a Self-Defense Claim in Florida?

The defendant is entitled to a jury instruction on self-defense in Florida when there is any evidence to support the claim. This is a low standard and even a “scintilla” of evidence will be sufficient, even if the self-defense theory is extremely weak or improbable. Self-defense may even be inferred from the State’s evidence without the Defendant or a defense witness ever taking the stand.

Where there is no evidence of self-defense, the jury will not be given a self-defense instruction and the defendant will be limited in closing argument to challenging the State’s evidence and denying that the incident took place (assuming no other defenses were raised). Thus, if a Defendant testifies during trial, and states that he acted out of anger after the alleged victim walked away, he or she would not likely be entitled to a self-defense instruction. Florida courts have also denied self-defense instructions where the claim of self-defense is inconsistent with the defense theory of the case, such as where an alibi defense is raised.

There are other circumstances that may cause the denial of a self-defense instruction under Florida law. Under Section 776.041, Florida Statutes, self-defense is not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony. Section 776.08, Florida Statutes, defines “forcible felony” to include treason, murder, manslaughter, sexual battery, carjacking, home invasion robbery, burglary, robbery, arson, kidnapping, aggravated battery, aggravated assault,

stalking, 
use of bombs, aircraft piracy, and any other felony that involves the use or threat of physical force or violence against any individual.

In addition to the exception for forcible felonies, self-defense is not available where the evidence establishes that the defendant initially provoked violence against himself. 
See Section 776.041, Florida Statutes.
To claim self-defense in this scenario, the accused must present sufficient evidence that the force used by the alleged victim was so great that the accused reasonably believed that he or she was in imminent danger of death or great bodily harm and that he or she had exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant. 
Alternatively, the person who provokes the initial attack may nonetheless claim self-defense if: (1) in good faith, he or she withdrew from physical contact, (2) clearly indicated to the other person that he or she desired to withdraw and terminate the use of force, and (3) despite the communication and withdrawal, the other person continued or resumed the use of force.

more:
http://www.husseinandwebber.com/florida-law-self-defense-use-of-force.html

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