In the State of Florida, it is now legal to use deadly force if you believe you are threatened by a person who is in the process of committing the following felonies:

Treason

Murder or Manslaughter

Sexual Battery

Carjacking

Robbery

Burglary

Arson

Kidnapping

Aggravated Assault, Battery, or Stalking

Aircraft Piracy

Unlawful Throwing, Placing, or Discharging of a destructive device or bomb

Or any other felony involving the use or threat of physical force or violence

This law was enacted in the State of Florida on October 1^st, 2005. 

The state of Florida in the United States became the first to enact such a law on October 1, 2005 and is called the “Castle Doctrine”.

This Florida law provides any citizen with the right to use deadly force, who is “not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be.” 

The law provides Florida citizens with the right, when faced with deadly force from someone committing a felony, to stand their ground and to defend against those actions with the use of force, including deadly force if the citizen believes that force is necessary in order to prevent death or significant bodily harm.  In such a situation, the statute grants the citizen with complete civil and criminal immunity.

One of the largest supporters of this legislation includes the National Rifle Association.  Supporters have called the statute the “Stand Your Ground” law, because it provides citizens with the right to stand and defend their right to be where they are in public, or to defend themselves or their property without fear of being prosecuted afterwards for having to use deadly force.

The legislation also comes under attack from critics who claim that laws like this one will ultimately lead to a rise in firearm deaths throughout the country because it encourages citizens to proactively use force and to practice vigilantism.  Critics have called the Florida Law the “Shoot First” law because they encourage citizens who believe that a felony is taking place to take it upon themselves to serve as the judge and the jury in executing instant justice.

Similar Castle Doctrine laws have been adopted in 15 states and its name has its origin in English common law that states that “one’s home is one’s castle.”  States that currently have adopted such bills include Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Oklahoma, South Carolina, and South Dakota.  Other states are considering similar bills, such as New Hampshire where such a doctrine was passed by the legislature but vetoed by the governor.

These Castle Doctrine bills vary slightly from state to state but in general they all offer provisions and immunity for a person to use self-defense instead of retreating. 

A June 11, 2006 Orlando Sentinel article found that over the previous five months before the article was published, 13 people had used self-defense in central Florida.  In those cases, only three were charged with a crime, however five were cleared and the rest were still under review. (“Cases Involving the New Deadly Force Law are Handled in a Broad Range of Ways,” Orlando Sentinel, June 11, 2006)

In general, the Castle Doctrine Statute provides the following provisions for citizens:

1.      The citizen does not have to retreat from the area where they have a right to be, where criminal activity is taking place.

2.      The citizen has the right to stand his or her ground and meet force with force.

3.      Some states provide a legal presumption regarding when a person is justified in using force and whether they had a reasonable fear of death.

4.      Some states include a presumption that if a person is illegally or forcefully entering a dwelling, they are doing so with intent to commit a forceful illegal act.

5.      Most of the state bills provide citizens with immunity from criminal prosecution for using deadly force.

6.      Many states provide citizens with immunity from civil action for using deadly force.

Overall, while the Castle Doctrine statute is controversial, it’s intent is to provide citizens with a right to protect themselves without fear of prosecution and legal repercussions.  The inherent danger is that these rights could be misused by regular citizens in the act of using force in situations where force is unnecessary.  When it comes down to the question of whether or not the Castle Doctrine has good or bad effects upon the common welfare of society, only time will tell.