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Old November 17, 2012, 11:59 PM   #72
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,796
Quote:
Originally Posted by hogdogs
Florida not only allows ANY citizen to use force, up to and including lethal force to prevent certain "aggravated" felonies...
Actually, the term used in Florida law is "forcible" felony. Do you know what a forcible felony is under Florida law?

First, see Florida Statutes 776.012:
Quote:
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony;...
Then "forcible felony" is defined in 776.08 (emphasis added):
Quote:
776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
Note that a core attribute of a forcible felony under Florida law it the threat or use of physical force or violence. That is consistent with the general rule in Florida recognizing lethal force as justified:
Quote:
...to prevent imminent death or great bodily harm to himself or herself or another ...
A forcible felony, as define, will most likely present a reasonable risk of death or great bodily harm.

Quote:
Originally Posted by hogdogs
Florida ...allows same force to be used to detain the person to prevent escape YOU personally witness in the commission of same AF crimes...
How about a citation to the law? You were a bit fuzzy on the lethal force question. while most jurisdictions recognize "citizen arrest" in some form, the requirements and the consequences of being wrong need to be understood.
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