XDKingslayer
member
I suggest YOU take the time to read over Florida's "castle doctrine" law; because that isn't what it says.
I know what it says. It says everything both you and I have said already. You just seemed to be confused as to how it applies to a home invader. The laws has been tested several times since in inception and not a single home owner has been found guilty for doing just what I described.
First, a person must forcibly or unlawfully enter. Simply being "unwelcome" doesn't cut it. There are also many exceptions for landlords, law enforcement, other people who live in the home, invited guests, etc.
Yeah...that would a home invader would it not? Exactly what the question the original poster said? The title of the thread is scenario for HOME INVASION. Seems like we've already established why he's there, to invade my home.
Second, you must still have a reasonable fear of death or bodily injury due to unlawful force. The Florida Castle Doctrine law creates the presumption that someone who has unlawfully or forcibly entered your home is reason enough to fear death or serious bodily injury. All a presumption does is allow the court to assume a fact (fear of death or serious bodily injury in this case) is true UNTIL such time as the preponderance of evidence outweighs that assumption.
A home invader is someone who forcibly enters your home is it not? Once again, this is a post about a HOME INVADER that would be someone who has unlawfully and forcibly entered your home correct? This law has been tested several times and not once has it failed.
In this case that would mean if the evidence shows you shot someone who was clearly not a threat (i.e. close range shot to the back of the head on someone lying face down), you could still go to jail for it because the prosecutor can rebut the presumption that you had a reasonable fear of death or bodily injury.
Please explain to me why the person is laying face down? Because he surrendered? Because you drew your weapon and he laid down because you asked? I'm sorry, but in every class I've been in not one of them taught me to draw my gun and politely ask someone to surrender. Someone please show me any defensive handgun or tactics class that has ever taught you that. You draw your weapon to shoot. You've already crossed the line of needing deadly force, now you are drawing your gun to use it.
Someone invading my home in the middle of the night fits that bill. How many of you can honestly say, with these types of laws, that if you wake up in the middle of the night to a home invader standing between you and your children you won't shoot? How many of you will honestly ask him to surrender? How many of you end up getting shot yourself because you weren't violent enough on your defence?