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#1 - That's the question about the "Stand Your Ground" law. Does it spell that out or not? From some things I've read it almost sounds like a "Go ahead Punk, make my day" law.
#2- Legally, unlikely. But with a good attorney and a sympathetic jury?
There's no duty to retreat under Florida's syg law. A person who's attacked has the right to stand their ground and use deadly force if they reasonably believes it is necessary to prevent death or great bodily harm.
There's no duty to retreat under Florida's syg law. A person who's attacked has the right to stand their ground and use deadly force if they reasonably believes it is necessary to prevent death or great bodily harm.
Even if the person provoked the confrontation? (just a question, no sarcasm intended)
I think that is where this law has a huge slippery slope of interpretation. Which is why it seems to be a law that can be defined in so many ways it is too confusing to determine fault or press charges. I understand the premise and basic intent of the law...but it is wide open on interpretation of "Stand Your Ground". This is really an interesting case on criminal law.
I think that is where this law has a huge slippery slope of interpretation. Which is why it seems to be a law that can be defined in so many ways it is too confusing to determine fault or press charges. I understand the premise and basic intent of the law...but it is wide open on interpretation of "Stand Your Ground". This is really an interesting case on criminal law.
Agreed. The law of unintended consequences could really rear it's ugly head under SYG. I too agree with the basic premise, but it almost sounds like I could arm myself, deliberately pick a fight with someone and blow them away legally. (Which is what some are suggesting happened in the Zimmerman case)
On what would have been Trayvon Martin's 18th birthday, lawyers for his accused killer George Zimmerman were denied a request to delay this summer's murder trial.
Even if the person provoked the confrontation? (just a question, no sarcasm intended)
It really depends on who swung first. You can't 'meet force with force' if you haven't been attacked, or don't have a reasonable fear of being attacked. If you are the aggressor (however that is defined) you can exercise your right to self defense once you have done the following: 1) ceased your attack, 2) communicated your intentions to the other part, and 3) attempt to retreat. If the other party continues the assault and you reasonably believe they will kill you, or cause you great bodily harm, you can use lethal force to defend yourself.
It really depends on who swung first. You can't 'meet force with force' if you haven't been attacked, or don't have a reasonable fear of being attacked. If you are the aggressor (however that is defined) you can exercise your right to self defense once you have done the following: 1) ceased your attack, 2) communicated your intentions to the other part, and 3) attempt to retreat. If the other party continues the assault and you reasonably believe they will kill you, or cause you great bodily harm, you can use lethal force to defend yourself.
Yes, however this same issue keeps coming up over and over for this whole "Zimmerman" issue. Let us say for the sake of argument Zimmerman started this fight. He confronted Martin and actually attacked him first. With his fists, feet, elbows whatever. Then Martine gets the upper hand and starts bashing Zimmerman's head into the ground. This changes the issue and it is an issue of self defense. Remember, all this hypothetical.
So now Zimmerman thinks his head is going to split open on the next smash on the pavement. So, fearing for his life, he takes out his handgun and shoots Martin, in order to stop him from smashing his head in. In such a scenario, Zimmerman would be justified in his actions, even though he started the fight. Just because you start a fight, doesn't mean you lose the right to self defense either.
I carry a gun, everywhere I go (usually two). I'm in my favorite restaurant and 1 or 2 guys come in and start messing with my wife. They don't hit her or physically assault her in anyway. Just make crude comments toward her. I get up, walk over, and punch one guy squarely in the face. A physical fight ensues. Now the guy picks up a pool cue from the pool table and starts swinging it at me. I take out my handgun and shoot and kill the guy. You are really going to say I wasn't justified?
The scenario with Martin and Zimmerman is the same. The bottom line, in a court of law for THIS particular situation, who started the fight doesn't really matter. It just doesn't. It may look bad, in the public court of opinion to the general public, however in the grand scheme of things in this trial, it means very little.
The bottom line is: Just because you start a fight, it doesn't relieve you of the right too self defense.
The bottom line is: Just because you start a fight, it doesn't relieve you of the right too self defense.
Yep, that was the point of my post. I was summing up the relevant Florida statutes. I'm not arguing that Zimmerman is a great guy, or that Martin was a thug (or visa-versa) just that FL statutes benefit Zimmerman in this case. Besides, FL law already has precedent for such an incident.
In '08 Charles Podany saw a truck speed down his street. Upset, he went into his house, grabbed his gun (concealing it legally), got on his bike and chased after the speeders. He arrived at their house, got their license plate number and chastised them for speeding when the passenger, Casey Landes, got out and punched him. Podany fell to the ground and Landes immediately got on top of him preparing to hit him again when Podany drew his weapon and fired. Landes died at the scene. Podany was arrested for manslaughter and was later granted immunity from prosecution because it was determined he fired in self defense.
It's not a mirror image of the case, but it's eerily similar. I'm not sure how Zimmerman could be convicted of 2nd degree murder when prosecutors couldn't even get manslaughter to stick to Podany.
Former NAACP leader C.L. Bryant accused Jesse Jackson and Al Sharpton of “exploiting” the Trayvon Martin tragedy to “racially divide this country.” “His family should be outraged at the fact that they’re using their son as the bait to inflame racial passions."
Dr. Martin Luther King's niece, Alveda King criticized the Rev. Al Sharpton and the Rev. Jesse Jackson for politicizing the Trayvon Martin shooting and leveraging racial tensions to rile up Americans.
Most likely no one would have ever heard of Zimmerman or Martin if Jackson and Sharpton hadn't jumped in front of the cameras to incite the incident. Those two love media attention.
On June 6, 2007 in Knoxville, Tennessee Christopher Newsom (23) and Channon Christian (21) went out to dinner and got car jacked. Christopher was raped and his penis was cut off. Then he was set on fire and shot several times while they made his girlfriend watch. They stuffed his dead body in a garbage can.
Channon was beaten and gang raped many ways by all of them over a four day period while the group took turns urinating on her. Then they cut her breast off, poured cleaning solution in her mouth to destroy DNA. She was then placed in several plastic bags to suffocate.
This nightmare crime was carried locally in Tennessee news and a part of Kentucky. Where was Al and Jesse??? Where was the ACLU??? Where was the New York Times, USA Today, CNN, ABC News, why no protests, no marches????? Is this racial basis on the part of the news media??? Why didn't the media have their usual field day with these murders????
Without Jesse and Al stirring the pot would we even know the names of Zimmerman and Martin???
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George Zimmerman murder trial set for June 10
