Categories: General
      Date: Mar 11, 2010
     Title: Stand Your Ground: New Challenges for Forensic Psychologists, Part Four
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.


The fourth section of the law prohibits tort lawsuits against persons who act in conformity with the law. It also makes explicit the fact that police officers are not allowed to arrest a citizen whose actions were in self-defense; unless the officers have probable cause to believe the victim violated the laws:

776.032 Immunity from criminal prosecution and civil action for justifiable use of force. --

(1) A person who uses force as permitted in § 776.012, § 776.013, or § 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in §943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). (2005)

Forensic Implications: Defining and Assessing the Nexus Between Reasonable Fear and Deadly Force It is beyond the scope of this article to debate the merits of this new law. The purpose herein is to examine the impact this law will have on the field of forensic psychology.

  1. The new law obligates Florida’s law enforcement agencies (of which there are over 300 unique groups) to determine (using their own standard investigation procedures) whether the reasonable fear/ deadly force issue will ever reach a court of law. Noting specifically Section 4(2) [§776.032(2)], forensic psychologists should be intricately concerned with the process by which decisions are made relative to the construct of reasonable fear as an explanation for the use of deadly force.

The core of this law is its embodiment in the reasonableness doctrine. Customarily, this doctrine is based on the theorem that deadly force actions taken are consistent with that of a reasonable person. The traditional test standard is whether a reasonable person would be provoked enough to kill in the situation at hand.

As indicated in Section 4(2), law enforcers may “investigate the deadly force situation, using standard investigative procedures.” Certainly, law enforcement officers are well trained and adept at handling crime scenes. However, the death of an assumed perpetrator reaches beyond the usual decisions left solely to standard investigation procedures. It is unclear whether all law enforcers will use the same model or measure of the reasonableness of the fear that lead to the use of deadly force.

By what gauge will the law enforcement agency measure the construct of reasonableness? Is there to be an independent review of the scene in which the defender’s and attacker’s reasonableness are taken into consideration? Will the influence of alcohol or drugs ingested by either party be considered in assessing their ability to use reasonable judgment? Under Section 4(2) the law enforcement agency is prohibited from arresting the defender unless the agency has probable cause to believe that the deadly force was unnecessary. The additional burden of determining reasonableness of deadly force is a tremendous, and possibly unreasonable, responsibility for the law enforcement agency without supplementary training and assessment tools.

To be continued.

Tags: ACFEI, The Forensic Examiner, reasonable force, fear, deadly force, duty to retreat, forensic psychologsts, Stand Your Ground, Castle Doctrine