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.
Deadly Combinations: How Self-Defense Laws Pairing Immunity with a Presumption of Fear Allow Criminals to Get Away with MurderAmerican Journal of Trial Advocacy
Citation InformationElizabeth 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).