Georgia’s new self defense bill - No duty to retreat.
Click here to read the bill as passed.
Popularly referred to as the “Castle Doctrine” by the NRA, similar “Stand your ground” legislation is passing all over the country. While it is an interesting concept, my impression of Georgia law has always been that if there was an intruder in your home, you are justified in killing them.
This bill codifies that premise and may go quite a bit further. You now have no duty to retreat in the use of force (even deadly force) in the defense of self or others, the defense of habitation, and the defense of property other than habitation. In addition to being immune from prosecution, you are also immune from civil liability for the use of such force.
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December 12th, 2006 at 5:05 pm
Florida jails were not filled with people that defended themselves from an armed preditor. Prosecuting attorneys call this new law a “solution to as problem that doesn’t exist.” It was passed by the NRA to provide an iron clad defense when gun owners are charged with manslaugher. Floridians have been defending themsleves for may decades without this new law. Since Oct of 2005 about a dozen manslaugher cases have been dropped because of this law. These shooter where not attacked by an an armed preditor or anyting close to it. Some were simply executions.
Without a prosecution willing to prosecute what do you have? You haved no jury trials. Juries before this law decided if the act was assasult or manslaugher, that what juries do. But this law has replaced the jury system with NRA law. This is an assault on our Democracy and our right to emply our elected officials, law enformcent, prosecutors, judges and juries to ajudicate these happenings on our streets and homes and determine if it was assault or self defense. The NRA opposes the Jury system bacause it foces those who take a life to be accountable. Accountabily is the badrock of our democracy! All you have to do in Florida to kill someone is say the NRA’s magic words, “I felt threatened.”
If you are interested in just one of these cases, look at the case of Jason Rosenbloom of Clearwater who had words with his neighbor over trash outwside his home. The neighbor closed the door, came back with a gun and shot him point blank not once but two times. He draged himslff home and his wife call 911. He is now disabled. The cops told him before this law they would arrested. Him. No arrest and no charge.
April 1st, 2007 at 9:32 am
my boyfriend was disabled in August when he was threatened by a drunck and in self defense he grabbed a shovel in a truck that was supporting him from his disablity of bad hip. He hit his attacker once in the head not doing much damage as the attacker went back to the bar after the attack and 5 months later pressed charges on my boyfriend who is not in state prison doing 42 months but i want to help with an appeal can you reccommend a florida lawyer who could help in the appeal for this disabled man. he is scheduled for 5 more surgeries and won’t get them in prison. 386 671 6992 mary