As media feed on Zimmerman, consider cases they haven’t mentioned: Just four weeks into our law, two men broke down the door of a Vance County home containing a 14-year-old boy and his 17-year-old sister. As she called 911, he shot an advancing assailant. Should that boy waste precious seconds pondering whether his attacker poses a deadly threat? Far from being “flawed,” as some claim, Castle Doctrine saves lives.
Like ours, Florida’s “aggressor” clause generally precludes the SYG defense if you provoke attack. If Zimmerman followed and attacked Trayvon Martin, he cannot claim the defense unless he withdrew from the situation or was counter-attacked so viciously he couldn’t retreat and faced a deadly threat.10,11
We crafted Castle Doctrine to prevent abuse. In 2009, I wrote language ensuring deadly force couldn’t be used against invaders fleeing dwellings. Other measures preclude the defense for anyone using deadly force against police, bail bondsmen, or legal inhabitants of a dwelling; by anyone not where they may lawfully be (e.g. burglary); or by those committing felonies.12 Even the “reasonable fear” presumption during home invasion is rebuttable.13
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