Comment on U.S. citizen told "you have no rights" during immigration arrest speaks out

• Truscape@lemmy.blahaj.zone ⁨1⁩ ⁨day⁩ ago

  I don’t live in Florida (I’m a West Coaster), but there are two legal doctrines used for defensive force by a citizen: 'Stand Your Ground" laws (which mainly preside in the South and Midwest), and the “Castle Doctine” (Largely applicable to all states).

  The Castle Doctrine applies mainly to your home or property - If someone is breaking into your home/business, you are granted legal permission to stop them through force, usually with the requirement that you provide an opportunity for the intruder to retreat first before escalating. IIRC there is an ongoing debate on if vehicles are included as a “Castle”.

  The Stand Your Ground laws are usually based instead on wherever you have a legal right to be in - the street, a business, etc… and give you the right to engage in force against someone credibly threatening your life.

  However, the obvious problem is that aspects of the Castle Doctrine (and the entirety of Stand Your Ground laws) are subjective in the “defender’s” judgement on whether a situation justifies force to resolve situations. People have been killed over ludicrously petty disputes and the consequences of the law are applied very unequally, so you have this disconnect of people feeling like they have Carte Blanche to shoot whoever they disagree with, those who fear for their lives because they could be shot at essentially any time of day anywhere with no repercussions, and those who can’t resolve their disputes using the laws because of discrimination.

  I don’t live in a state that has Stand Your Ground or a full Castle Doctrine, so I can’t say for certain what things would be like in Florida, but I’m under the impression that they have both with minimal oversight.

  Castle Doctrine Wikipedia Article

  Stand Your Ground Wikipedia Article

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  • satanmat@lemmy.world ⁨1⁩ ⁨day⁩ ago

    Holy crap. I wasn’t expecting an ACTUAL answer… ya weirdo. :-)

    Thank you. Solid response to me being an idiot asking a silly question.

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    • BubbleMonkey@slrpnk.net ⁨1⁩ ⁨day⁩ ago

      You can’t ask good questions on Lemmy without getting someone to respond with a genuinely informative answer (if they see it)

      We need to increase the weirdo pool a bit more though so the questions get seen.

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