Self-Defense and the "More Force Than Necessary Standard" - Zimmerman Trial [View all]

[Renaissance Man]

Being an attorney, and having read the statutes on self-defense, the most critical piece of evidence that will be considered in this case will be the "more force than necessary" standard applicable when a defendant asserts self-defense.

Second degree murder, under the Florida statutes, is as follows:

"Second degree murder occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life."

There is a lot of hand wringing that is going on about this trial on DU, but in considering Zimmerman's self-defense theory, the jury will most likely use the following in coming to their conclusion on whether to convict George Zimmerman for second degree murder:

the injuries he sustained;

how severe those injuries were;

whether or not the injuries he sustained from whatever alleged scuffle that happened are of the type that would place him in reasonable fear for his life;

whether or not he was in imminent fear of death or great bodily injury;

and whether the force that he used was necessary to combat the force used in killing Trayvon Martin (the gun).

Thus, like force with like force. This is the reason that Zimmerman's defense attorneys are attempting to assert that the sidewalk was a "deadly weapon."

Here's where the defense theory is weak:

George Zimmerman's injuries were not severe (at least not severe enough to where he felt the need to obtain medical attention for them on the night this occurred).

There was no evidence (blood or DNA evidence) obtained from the sidewalk or from Trayvon Martin's hands/fingers showing that there was any contact made between Trayvon Martin's hands and George Zimmerman's face.

Notwithstanding any screams (which has already been ruled out as unreliable both from evidence excluded and the voice recognition expert that testified yesterday) heard by witnesses near where the incident occurred, there is nothing to suggest that George Zimmerman was in imminent fear of death or great bodily injury. Remember, it's inconclusive as to who was screaming on the audio (even though the screaming stops after the gunshot).

It's very likely that Trayvon Martin (if he, indeed, was on top of George Zimmerman) attempted to hold Zimmerman's arms down because he noticed that Zimmerman had a gun, and that during this scuffle, Zimmerman may have actually banged his head on the concrete (himself, without any force applied from Martin) during the struggle and then momentarily was able to get to his holster and grab his gun and kill Trayvon.

This is where the "like force with force" self-defense theory comes into play. Zimmerman's defense theory is somewhat shallow. Unless the defense can somehow connect non-existent force (because there is no DNA evidence either from the sidewalk or from Trayvon Martin's fingers showing that he applied any force to George Zimmerman's head to bang it on the concrete) and justify the use of deadly force in combating it, Zimmerman's self-defense theory is weak.

This is how I view this trial. That's where I'm at right now on this, but there are more witnesses to call.