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Igel

(37,468 posts)
26. No. Incomplete.
Sat Jul 13, 2013, 09:53 PM
Jul 2013

They give part of the story, and it's an important part.

It's not the whole story. Think of the story as having a "this is what usually happens" bit and then later the guy has to come back to account for exceptions and things that happen under specific conditions.

This is from
http://www.volokh.com/2012/03/27/floridas-self-defense-laws/
Not typically noted as a left-wing source. But he's a lawyer at UCLA law school. Don't know if he wrote this particular page or not.

------------
Fla. Stat. § 776.032. Immunity from criminal prosecution and civil action for justifiable use of force

(1) A person who uses force as permitted in s. 776.012 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant
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And that's it for a state-level civil suit.

Recommendations

0 members have recommended this reply (displayed in chronological order):

To do what? You can't charge him again, double jeopardy ShadowLiberal Jul 2013 #1
He can be sued in a civil trial. JTFrog Jul 2013 #2
Not under FL law Travis_0004 Jul 2013 #6
The Martin family has lawyers in case bigdarryl Jul 2013 #16
Seriously? Igel Jul 2013 #25
That ONLY applies to the stand our ground law Blackford Jul 2013 #29
Nope, not even that, legally. X_Digger Jul 2013 #8
Only under Stand Your Ground Blackford Jul 2013 #31
He can be charged with violating Trayvon's civil rights Hugabear Jul 2013 #4
I think that can only be done if he acted under color of law. kestrel91316 Jul 2013 #21
Sue him for wrongful death. nm rhett o rick Jul 2013 #5
GZ just got immunity from civil lawsuits the minute the "not guilty" verdict went in. Mr. David Jul 2013 #11
His not guilty verdict has nothing to do with civil actions. nm rhett o rick Jul 2013 #12
Florida law protects criminals who are found not guilty from any further lawsuits.. Mr. David Jul 2013 #14
Yikes. How nice. Thanks for the explanation. nm rhett o rick Jul 2013 #17
Doesn't that depend on whether it was found to be self defense (no liability) or lack of evidence? JVS Jul 2013 #18
So are the Florida attorney websites and victims of crime websites I'm reading lying? JTFrog Jul 2013 #22
No. Incomplete. Igel Jul 2013 #26
Could you cite that? nt msanthrope Jul 2013 #23
See post 26, this thread. n/t Igel Jul 2013 #27
Um....no. No Peterson hearing was held, so the statutes cited are not applicable to the claim msanthrope Jul 2013 #34
Only under the Stand Your Ground law. Blackford Jul 2013 #32
The Martins can sue in Federal court on civil rights violations meow2u3 Jul 2013 #24
State, yes, but not federal. Mr. David Jul 2013 #13
BZZZZT. WRONG. He can be charged on the Federal level. nt Lex Jul 2013 #28
I hope Trayvon's parents pursue this as far as the law will allow.. senseandsensibility Jul 2013 #3
The make up of the jury was a real issue for arthritisR_US Jul 2013 #7
Federal hate crime laws should apply here. Mr. David Jul 2013 #9
SCOTUS will overturn any Federal Crime conviction. JRLeft Jul 2013 #20
The old f**king south lives! Dawson Leery Jul 2013 #10
I just posted the same thing and got Ilsa Jul 2013 #15
This message was self-deleted by its author Purveyor Jul 2013 #19
You think Federal charges can't be leveled? Lex Jul 2013 #30
Wow Blackford Jul 2013 #33
Then proceed. I remain... eo Purveyor Jul 2013 #35
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