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gejohnston

(17,502 posts)
3. it is about the immunity hearing
Wed Jan 25, 2017, 11:29 AM
Jan 2017

How it works now is that the shooter can ask for an immunity hearing. If the shooter can convince the judge that it was self-defense by preponderance of the evidence no trial happens. If not, it goes to trial and the State has to prove it wasn't BARD. That is the only thing that makes Florida's self-defense law unique.
Florida did not invent SYG. Assuming the previous common law was DTR, which I don't know if it is or not,
All but 16 states have SYG, the oldest being California. All federal jurisdictions are SYG. I live in one of the few DTR states, but there are large areas including a sovereign nation within the state that is SYG. Given the our sparse population and low crime rate, nobody seems to care. Some state rep wrote a SYG amendment a few years ago when they clarified our Castle Doctrine, but the amendment died in committee.

From what I have seen, duty to retreat is probably uniquely US. Even the UK is SYG, they just have a different definition of reasonable force.

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