776 012 News Today

Conduct is necessary to defend himself or herself however a person is justified in this use of deadly force and does not have a duty to retreat if, one, reasonably believes its necessary to prevent imminent death or great bodily harm to himself or herself or prevent the commission of a forcible felony or under another set of circumstances. >> theyre or. >> sorry? >> theyre or. alternative. >> yes. that is the 012 instruction. the justifiable use of -- the justifiable homicide instruction is what...

Also, there is some instructions to give only if there is evidence of what is seeking to be defined. >> the basis for the 776.412 instruction is chapter 776.012 which the court just read and the court read it correctly, that it requires, one, justified in the use of deadly force doesnt have the duty to retreat if one -- >> 776.012. im looking at the instruction. >> well the -- but -- im saying the instruction refers you to the statute. im reading the statute. >> okay. >> the statute says a perso...

Commit applicable felony upon him or any dwelling in which he was present. >> he wasnt in his house. >> its either the applicable felony or in his house. >> no. >> thats the use of -- thats the justifiable use of deadly force. >> no. we disagree. >> well, then get me case law that says thats a wrong interpretatio interpretation. >> look under the standard instructions, actually, i have both. i have the proposed ones as well that the court directed us to. the courted is looking at the wrong part ...

Felony or in his house. thats the use of -- >> no. >> thats the justifiable use of deadly force. >> no. we disagree. >> then give me indication law that says that thats the wrong interpretation. >> look under the standard instructions, the standard instructions actually i have both, i have the proposed ones as well that the court directed us to, the court is looking at the wrong part of the instruction. give if applicable under 776.012 and 776.031, a person is justified in using deadly force if ...

>> yes. >> also there are some instructions to give only if there is evidence of what is seeking to be defined. >> the court just read it correctly that it requires, one, justified in the use of deadly force doesnt have the duty to retreat if, one -- >> thats not 776.012. im looking at the instruction. >> but what im saying the ininstruction refers you to the statute and im reading the statute. the statute says person is justified this using force

September deadly force against another when such conduct is necessary to defend himself or her self. however, a person is justified in the use of deadly force and does not have a duty to retreat if, one, reasonably believes its necessary to prevent injury or deadly harm or under another set of circumstances. >> theyre or. alternative. >> yes. and that is the 012 instruction. the justifiable homicide instruction is what i have written here, which is the 782.02, which i have yet to hear why that i...