General Discussion
In reply to the discussion: Supreme Court's Sinister Six appears to shoot themselves in their collective feet and guarantee a Democratic landslide [View all]DetroitLegalBeagle
(1,929 posts)If the prosecutor can convince the jury that your belief that Alito was a deadly threat to yourself was unreasonable, then you are going to prison.
Stand your ground laws typically do one main thing:
-Remove the duty to retreat when outside of your home.
Some states(like Michigan) add additional protections, typically a shield from civil lawsuits related to the shooting if it was ruled justified and explicitly shifting the burden of proof to the prosecutor. Basically instead of the shooter having to prove they were justified, the prosecutor needs to prove beyond a reasonable doubt that the shooting was unjustified.
In your example, you better hope there is some evidence that Alito posed a real and imminent threat to yourself or someone because even Florida law won't save you otherwise.
Also, despite the popular thought, it's not just red states that have stand your ground. California, Illinois, Colorado, Washington, Oregon, and New Mexico are effectively stand your ground states due to their case law. None require a duty to retreat.