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Understanding Stand Your Ground Provisions - Presumptive vs ReasonableIf you review state-by-state Stand Your Ground Laws/Provisions you will find that there are two primary "provisions" that define the the law. Knowing these provisions in your particular state is critical to your well-being! Why?
Lets define these two primary provisions:
Presumptive - In states utilizing the "presumption" provision, the law states that if someone comes into your home without approval, that it is "presumed" that they are there to do you harm and, as a result, deadly force is permitted. This means that anyone entering your home without permission can become a legal victim of deadly force. Any age, any gender, or any purpose!
Reasonable - This provision basically require a "reasonable belief" that a person, unlawfully inside your residence, is there to do you harm. So what does "reasonable" mean? Isn’t it an extremely subjective word?
Unfortunately I’m not a huge fan of either of these however, if given the choice, I think that "reasonable belief" is the better option. I just cant get my arms around being legally able to kill someone without some sort of justification and articulation of your life, or the life of another, being in danger. And a big part of my issue comes from being a police officer and responding to situations where someone was "unlawfully" inside the home of another needing help, with zero intention to do anyone harm.
And while I prefer "reasonable belief" over "presumption" I still think "reasonable belief" poses some major issues. Again, the word "reasonable" is a modifer-type word that creates confusion and subjectiveness. I guess you need to hope that your jury agrees with your definition of "reasonable".
But this, however, is where training comes in and can mean the difference between a positive or negative outcome. And again, in the case of "States of presumption" - just because you can use deadly force does not mean that you should use deadly force!
Train to make good decisions!!
Published Jul 03, 2013
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