Tuesday, July 16, 2013

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

Via Billy

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(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 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 s. 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).
 
History.s. 4, ch. 2005-27.

2 comments:

  1. So, Holder is investigating whether he can override Florida law
    and place Zimmerman in double jeopardy contravening the Fifth Amendment as specified in the Constitution.. This has been a basic human right since the Magna Carta and is reflected in every western nation's constitution from Japan to Australia. It used to be an inherent right of Americans. I guess white Hispanics don't have any more rights than white males of European descent.

    ReplyDelete
    Replies
    1. The slightest bit of white blood trumps all your rights it seems.

      Delete