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GONIG BUCK
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GONIG BUCK said...
I'm sure everyone here has heard the uproar regarding Trayvon Martin case (if not, I linked a story to this post). I didn't see a thread about it, so I decided to make one.
Obviously, this is a tragedy, but there is a "Stand Your Ground" law in Florida that states "says a citizen doesn’t have to retreat before using deadly force against an attacker," that could affect the outcome of the case. I linked the other article that goes into detail about it as well.
What is everyone's opinion on this? Will/should George Zimmerman avoid murder charges because of the Stand Your Ground law?
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GONIG BUCK
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GONIG BUCK said...
An excerpt from the "Stand Your Ground article quotes a retired Boca Raton police chief as saying:
"'My gut reaction was this was an accidental discharge,” Sweeting added. “If you put yourself in the shooter’s position and you’re wrestling with this kid and a gun goes off, what are you going to tell the cops?'"
Right.
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GONIG BUCK said...
I'm sure everyone here has heard the uproar regarding Trayvon Martin case (if not, I linked a story to this post). I didn't see a thread about it, so I decided to make one.
Obviously, this is a tragedy, but there is a "Stand Your Ground" law in Florida that states "says a citizen doesn’t have to retreat before using deadly force against an attacker," that could affect the outcome of the case. I linked the other article that goes into detail about it as well.
What is everyone's opinion on this? Will/should George Zimmerman avoid murder charges because of the Stand Your Ground law?
Action Figure
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GONIG BUCK said...
An excerpt from the "Stand Your Ground article quotes a retired Boca Raton police chief as saying:
"'My gut reaction was this was an accidental discharge,” Sweeting added. “If you put yourself in the shooter’s position and you’re wrestling with this kid and a gun goes off, what are you going to tell the cops?'"
Right.
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Jumbo Shrimp
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Jumbo Shrimp said...
As a disclaimer, I don't practice criminal law, so my experience in the arena comes solely from law school, the bar exam, and the occasional CLE class.
With that in mind, everything about this case stinks. Self-defense requires the person claiming it to use reasonable force. In the case of deadly force (like this shooting) the individual must have reasonable fear of death or serious injury. I haven't seen anything that even suggests that Zimmerman was fearing either.
Second, Zimmerman instigated the entire confrontation. And then escalated it to the point of deadly force. You certainly can't claim self-defense when you're the individual who instigated violence, especially deadly violence.
It's complete BS that the DA hasn't charged him yet. If he wants to try and use the defense of self-defense when he's in court, so be it. But it makes no sense to actually avoid pressing charges in the beginning, especially when the evidence is so damning to begin with.
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Jumbo Shrimp
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Jumbo Shrimp said...
Good question. The court will look at the circumstances to determine whether a reasonable person, in the same circumstances would have a fear of death. So it's a way to try and make something inherently subjective (fear of death) be as objective as possible (reasonable person standard).
In this case, the facts (as we know them now, at least) seem stacked heavily against Zimmerman. He was the instigator, he was the only individual armed, Martin was apparently trying to flee from him, and he's much larger than Martin. So, if you pull a gun on someone who is trying to run away from you, is unarmed, and is much smaller than you, you're gonna have a hell of a time trying to prove that you reasonably feared for your life.
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Trayvon Martin case