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Article
Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to Get Away with Murder
American Journal of Trial Advocacy
  • Elizabeth B. Megale, Campbell University School of Law
Document Type
Article
Publication Date
2010
Disciplines
Abstract

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.

Citation Information
Elizabeth B. Megale, Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to Get Away with Murder, 34 Am. J. Trial Advoc. 105 (2010).