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http://ssrn.com/abstract=1857031
 
 

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Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to 'Get Away with Murder'


Elizabeth Berenguer Megale


Savannah Law School

April 15, 2010

American Journl of Trial Advocacy, Vol. 34, p. 105, 2010

Abstract:     
This Article identifies as problematic the intersection of Florida’s Immunity Statute and its current Castle Doctrine, which presumes reasonable fear where one acts in self-defense in the “castle.” The coupling together of immunity and the presumption of reasonable fear creates a bar to prosecution in Castle self-defense cases. The Article addresses problems associated with the lack of guidelines to ensure the equal application of the law to self-defense cases, and the lack of procedural tools available for the assertion of immunity arising from a self-defense act.

Number of Pages in PDF File: 30

Keywords: Castle Doctrine, Self-Defense, Immunity, procedure

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Date posted: June 3, 2011 ; Last revised: October 24, 2011

Suggested Citation

Megale, Elizabeth Berenguer, Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to 'Get Away with Murder' (April 15, 2010). American Journl of Trial Advocacy, Vol. 34, p. 105, 2010. Available at SSRN: http://ssrn.com/abstract=1857031

Contact Information

Elizabeth Berenguer Megale (Contact Author)
Savannah Law School ( email )
516 Drayton Street
Savannah, GA 31401
United States
9125253905 (Phone)
9125253915 (Fax)
HOME PAGE: http://www.savannahlawschool.org
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