Treason

[helpless]

My buddy is getting his concealed permit here in Florida.

We were talking about when deadly force would be justified and we noticed this:

Florida Statute 776.031 (Use of deadly force in defense of others)
Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Florida Statute 776.08 (Forcible Felony)
Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

Treason.

 

[Coronach]

I would caution you that I am certain that only a very very narrow definition of treason would fly for the purposes of use of lethal force.

Like, one atom thick. Like, so narrowly defined that it may as well not be there.

Mike

 

[Henry Bowman]

Like if you are Jack Bauer and the terrorist right in front of you has his finger on the detonator of what you know to be an atomic bomb, which you know to be the first step in a plan certain to result in the overthrow of our government -- yeah, go ahead and shoot him -- that narrow.

 

[geekWithA.45]

The US of A has the narrowest possible working definition of treason, and for good purpose.

When poorly, or widely defined, "Treason" is more often abused as a political weapon than used legitimately.

 

[helpless]

Like if you are Jack Bauer and the terrorist right in front of you has his finger on the detonator of what you know to be an atomic bomb, which you know to be the first step in a plan certain to result in the overthrow of our government -- yeah, go ahead and shoot him -- that narrow.

Thats what we thought, thanks.

 

[brerrabbit]

Hmm, this is a state statute concerning treason. It provides a defense when tried under state law.

I would look up the Florida statutes on the definition of treason before I would make the claim that using it as a defense is only one atom thick though.

If the state of florida fails to define it, by default, the federal definition kicks in, which must also be tried under state law.

 

[legaleagle_45]

brerrabbit wrote:

I would look up the Florida statutes on the definition of treason before I would make the claim that using it as a defense is only one atom thick though.

Done:

876.32 Treason.--Treason against the state shall consist only in levying war against the same, or in adhering to the enemies thereof, or giving them aid and comfort. Whoever commits treason against this state shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

http://www.leg.state.fl.us/statutes...te&Search_String=treason&URL=CH0876/Sec32.HTM

932.50 Evidence necessary in treason.--No person shall be convicted of treason except by the testimony of two lawful witnesses to the same overt act of treason for which the person is prosecuted, unless he or she confess the same in open court.

http://www.leg.state.fl.us/statutes...te&Search_String=treason&URL=CH0932/Sec50.HTM

Cf the definition of treason found in the Constitution:

Treason against the United States, shall consist
only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be convicted of Treason
unless on the Testimony of two Witnesses to the same overt Act, or on
Confession in open Court.

 

[brerrabbit]

Considering that the state was kind enough to define it, and used it in it's statutes over defense of others, I would say you are pretty solid ground as long as you stay within the states definition.

BTW thanks Leagle Eagle 45

 

[Steve499]

Dang! Here I thought it meant it was O.K. if t'reason I shot bubba was he was diss'n me.

 

[Bartholomew Roberts]

Considering that the state was kind enough to define it, and used it in it's statutes over defense of others, I would say you are pretty solid ground as long as you stay within the states definition.

I would suggest that since the state definition is almost exactly the same as the federal definition and the feds view treason very, very narrowly, it is likely the state also will view treason narrowly.

 

[scout26]

Better have the two witnesses, 'cause if you properly apply deadly force, it'll be highly unlikely that he'll be able to confess in open court.

BR, You might want to go a little lighter on the "Post Reply" button.

 

[benEzra]

BR, You might want to go a little lighter on "Post Reply" button.

He has a Title 2 mouse.

 

[Guitargod1985]

So does this mean that if two people decide that they don't like me, that they can sign an affidavit alleging treason and I can be convicted? That's total BS.

 

[Bartholomew Roberts]

He has a Title 2 mouse.

Huh? I don't know what either of you are talking about

So does this mean that if two people decide that they don't like me, that they can sign an affidavit alleging treason and I can be convicted?

No, it would take a lot more evidence than that to convict you of treason. You just can't be convicted of treason without that requirement.