Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to 'Get Away with Murder'
Elizabeth Esther Berenguer
Campbell University - Norman Adrian Wiggins School of Law
April 15, 2010
American Journl of Trial Advocacy, Vol. 34, p. 105, 2010
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
Date posted: June 3, 2011 ; Last revised: October 24, 2011