Posted on 07/19/2013 8:29:49 PM PDT by 2ndDivisionVet
(Note: This post has been updated to more accurately reflect the state of self-defense in immunity law in Ohio, which does not appear limited to acts of self-defense around one’s home as previously reported. Thanks to Peter Bossley for the insight–your complimentary copy of “The Law of Self Defense, 2nd Edition” goes in the mail tomorrow, Peter.)
Now that the Zimmerman criminal trial has concluded, much attention has focused on the prospects for Zimmerman seeking protection under Florida’s self-defense immunity statute from any possible civil action against him.
Florida’s statute 776.032, is among the broader self-defense immunity statutes, in that it possesses all four qualities of an optimal statute of this type.
First, it is not limited to particular settings or circumstances (e.g., such as to self-defense encounters in and around one’s home).
Second, it prohibits even the arrest of the person who acted in self-defense, in the absence of probable cause for such arrest.
Third, it immunizes against criminal as well as civil liability.
And, fourth, it provides for the defendant who successfully obtains immunity to recover all reasonable legal expenses (and, in the case of Florida, even compensation for lost income) from the plaintiff.
Fully 29 states provide some degree of limitation of liability for the individual who has genuinely acted in self-defense..........
(Excerpt) Read more at legalinsurrection.com ...
Misleading headline. If you’re going to *ask* the question “Which state(s) protect you best?” , then you should *answer* it.
The article does a poor job of even illuminating which states e.g. offer immunity from civil suits, offering only a very incomplete list of examples.
Poor article, uncharactistic of Legal Insurrection.
My general impression is, if there's a question mark in the headline, BS is sure to follow.
Here is a photograph of my Vermont concealed carry permit:
If a person who used force in self-defense is nevertheless sued, and they successfully argue their claim to self-defense immunity at trial, the party suing them is subject to having to pay the defender’s attorney’s fees and other legal expenses. This rule applies in fourteen states, including Alaska, Florida, Idaho, Kentucky, Louisiana, Maryland, Michigan, Missouri, Montana, New Hampshire, North Dakota, Pennsylvania, South Carolina, and Tennesse.
In thirteen of those states the statute provides that the court “shall” award such expenses where the defendant has successfully argued self-defense immunity. This gratifyingly takes the reimbursement of these expenses out of the hands of the trial court’s discretion...”
Might this protect Zimmerman from a civil suit byTrayvon’s parents...they may not want to chance having to pay his legal fees. -
I wonder if this can apply to the trial he just won? Hope so - He should also be able to sue for persecution in the trial even being brought in the first place - and certainly should be able to sue for ‘persection by the federal gov’t” - aka obumbles and his lackey, the AG - and the media
I pray he ends up with enough money to never have to work again - and were I him, I’d be looking at another country to live in.Certainlythis one isn’t safe for an innocent non-black man under this regime.
The author feels it is our job to wade through the list of laws he provided and answer the question for ourselves. He’s too busy to do what his headline promised. Key word in the headline is ‘best’ so which states are best, author?
A state of armed readiness protects me best.
LOL—much like when you see the word “analysis” in the headline, what follows is not.
Not a very good article. It doesn’t even discuss or provide reference to Virginia that has some of the best protections around. Why? Because our right to self defense in VA is not codified. It’s all common law.
As for statutory protection, TX probably has the best. there is some right to protect property in TX with deadly force. But it’s still a bad idea. In my view deadly force is to be used to protect life and liberty, hard stop.
Here in GA we have Castle Doctrine and Stand Your Ground. You can basically shoot somebody out in your driveway if you feel threatened. Personally I would only do it if they broke in the house.
If Zimmerman pins his hopes on a Florida judge making the right ruling on black letter law, he’s in big trouble.
California is a "may issue" state and your ability to get a permit depends greatly on where you live. My local authority treats it as a "shall issue" matter.
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