re: #272 blueraven

Bullshit

Florida’s standard jury instruction 3.6(f) on self defense >makes the giving of this instruction mandatory:

>This is in the jury instructions for self defense

Actually, the applicable statute is 776.012, not 776.013:

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

The argument was he thought he saw them bringing a shotgun or other long arm up and aiming it toward him.