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In reply to the discussion: Hay 6 idiots in Florida! Thanks a big hefty freakin' load! [View all]onenote
(42,700 posts)that would constitute "provocation" as that term has been interpreted and applied by the courts in Florida. There would be no point in offering the instruction about actual use of force or the making of an actual threat of force on the part of Zimmerman given that the state had no alleged or offered any evidence that Zimmerman had actually used or actually threatened the use of force against him. If Zimmerman had not proffered any evidence whatsoever to support a self defense claim, the judge could have refused to include that instruuction as well. But Zimmerman's defense did proffer evidence that, if taken as true and viewed in the light most favorable to Zimmerman, could support self defense. And thus the court was required by law to include that instruction.