Categories: General
Date: Mar 8, 2010
Title: Stand Your Ground: New Challenges for Forensic Psychologists, Part One
Evolving from English Common Law, the Castle Doctrine has expanded to the Stand Your Ground Doctrine, providing immunity from prosecution for Floridians defending themselves, including by the use of deadly force, from presumed criminal attack. The new law places the onus with law enforcers for evaluating the nexus between reasonable fear and deadly force. Forensic scientists are challenged to provide assessment tools proven to be germane, definitive, and quantifiable to assist law enforcers with the accurate determination of authentic and reasonable fear. From the Fall 2006 Forensic Examiner; written by Patricia Wallace, PhD.
First test case: Stand Your Ground defense. Florida’s law could be facing its first test. Donald Montanez, owner of a Tampa towing company, is charged with murder in the shooting of a man whose car was impounded. Prosecutors say Montanez fired as the man drove off without paying a fee. Montanez’s attorney, Roger Rigau, says the new law should protect Montanez, who feared being hit by the driver (United Press International, 2006).
Introduction
The scenario above requires the courts to interpret the towing company owner’s reasonable fear and his subsequent use of deadly force. This will likely be Florida’s initial case using the new Stand Your Ground defense.
In April 2005, Florida Governor Jeb Bush signed into law Senate Bill 436, which expands and clarifies Floridians’ self-defense rights against violent attackers. Effective
October 1, 2005, the new law attempts to relieve the burdens of a person designated as a potential victim from the power and control of another person who is believed to be a threat or will cause harm. In the test case noted above, the court must determine the connection between reasonable fear and deadly force in consideration of the new Stand Your Ground law.
Given the parameters of this new law, forensic psychologists must recognize the challenge at hand and be prepared to assist not only Florida, but also the 21 other states now considering modification of their laws relating to the Castle Doctrine, duty to retreat, reasonable fear, and deadly force. The forensic psychologist’s expanded responsibility lies in assisting and providing the judicial and legal professions, including law enforcement agencies, with the pre-eminent methodology, precise tools, and required psychological training to assist in the execution of the modified laws and the prerequisite tasks.
The Castle Doctrine refers to a legal concept derived from English Common Law, presently applied in certain sections of the laws of the United States. Specifically, it designates one’s home as his or her castle and, as such, as a place in which he or she enjoys protection from intrusion, invasion, or violent attack. At the time this article was written, 49 states presumed an obligation existed to retreat before using deadly force to defend oneself, whereas in Florida, the Castle Doctrine concept provides for an exception to this duty, provided one is attacked in his or her own home or on his or her legal property.
The new law authorizes Florida citizens (and legitimate visitors) who are in their own homes, on their own personal property or vehicle, or in a place where they have a right to be the power to determine whether they should use deadly force against an intruder or attacker. This expands the concept of the Castle Doctrine from applying to the inside of a home or place of business to any setting where there is reason to believe that the citizen experiences reasonable fear.
The law states that people are not compelled to retreat in the face of a threat as long as they are in a place they have a legal right to be, including public streets. They may “stand their ground” and use force, even deadly force, if necessary. The law also grants immunity from criminal or civil charges as long as the victim of deadly force was not a police officer in the line of duty.
The notion of a duty to retreat signifies that killing is justified only as a last resort. With the removal of the traditional concept of the duty to retreat, Florida’s Stand Your Ground law nullifies the premise that people should avoid confrontation whenever possible.
To be continued.