Stand Your Ground for Civil Suits?
Ben emails a link to this TN bill:
Criminal Procedure – Extends circumstances under which there is a legal presumption that a person using deadly force in self defense had a reasonable belief of death and confers civil immunity upon person properly using self defense. – Amends TCA Title 39, Chapter 11, Part 6.
Does that mean what I think it means? Anyone heard?
December 20th, 2006 at 6:48 pm
Is that bill now law? If so, that’s good news.
December 20th, 2006 at 6:49 pm
Probably does. One feature of “Stand Your Ground” laws is that they remove the threat of revenge lawsuits by the choirboy’s family.
For example, Utah’s law reads thusly:
The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
Not quite the same language, but the effect is the same.
December 20th, 2006 at 9:13 pm
So now one need not shout “You are scaring me to death! I am in fear of my life!” when forced to defend themself?
December 21st, 2006 at 10:16 am
“So now one need not shout “You are scaring me to death! I am in fear of my life!” when forced to defend themself?”
If you need to shoot, shoot. Don’t talk.
December 21st, 2006 at 12:28 pm
[…] Found at Say Uncle […]
December 21st, 2006 at 12:39 pm
[…] Phil, on the TN bill i mentioned yesterday, says: My rational, though utterly non-legal, opinion tells me that if I harm an atacker in self-defense that I cannot be sued by family of said attacker after the legal system decides: 1. Not to try me, or 2. I am found not guilty. […]