Sunday, August 10, 2014

Armed victim returns gunfire, killing 14-year-old gang member, cops say

http://www.orlandosentinel.com/news/local/breakingnews/os-armed-victim-kills
-armed-gang-member-20140807,0,7318967.story


"It is unknown if Canteen holds a state concealed-weapon permit or if he
will claim self-defense under the state's "stand your ground" law."

This is appears to be a case of simple self-defense since there was no
possibility that the victim would have been able to safely withdraw or
retreat without employing lethal force to stop the attack and save his life.
So presumably the victim would not need to invoke the stand your ground law.
However, the Stand your ground law was passed to prevent prosecutors hostile
to civilian gun ownership from  railroading a citizen who shot in
self-defense into a conviction with an exaggerated interpretation of the
"duty to retreat". After the fact it is often easy to second guess the
citizen into a conviction by pointing out to a jury all the avenues of
escape the citizen "might" have used to keep from having to shoot. Under the
stand your ground law the prosecution must demonstrate to the court that the
"preponderance of the evidence" indicates that that citizen acted unlawfully
before he may be charged with crime. So the burden of proof is on the
prosecution rather than on the victim as in a simple self-defense plea,
especially prior to the passage of the stand your ground law.

By Epictetus

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