Saturday, June 28, 2014
Texas Stand Your Ground Law vs. Florida Stand Your Ground Law
I am reading through Texas Penal Code 9.31, which is the use of force statute, amended in 2007 to be a Stand Your Ground law. It is noticeably more full of carefully thought out exceptions than Florida's law, and reading the case law associated with it, I can see why. Obviously, the cases that were appealed were generally persons who were convicted, but wow! What a bunch of losers! And generally convicted because of the care of Texas law on this.
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Are you researching for another article?
ReplyDeleteIf not, I would be interested if you could blog on what some of the differences are, and what cases you are reviewing, especially since the "Stand your Ground" part of 9.31 is actually pretty simple, just two sentences under the "use of force" section, and repeated again in "use of deadly force" section.
Most of the "exceptions" seem to apply more generally to the justification of self-defense generally.
SB 378 of the 80th legislature implemented three concepts in self-defense law: "Castle Doctrine," "Stand Your Ground," and "Civil Immunity." It does seem that in popular press and on a lot of gun boards "SYG" gets used in a way that encompasses Castle Doctrine, and vice-versa.
I am preparing a presentation for a Texas Bar Association CLE in September. And yes, in many states, SYG is often misused for what are primarily castle doctrine laws.
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