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DanTex

(20,709 posts)

11. Yes and no.

Reply to Skwmom (Original post)

Tue Jul 16, 2013, 10:31 AM

Jul 2013

One provision of the Florida SYG law allows for a special hearing, during which the defendant can claim self-defense, and if a judge accepts his claim, then the defendant gets immunity from prosecution and also from civil trials.

Zimmerman did not choose that option, so in that sense the answer is no.

However, that is not the only part of the SYG law. What SYG means is that a person can use deadly force even in situations where he or she could have safely retreated and escaped any injury without using deadly force. This part of the SYG law was explicitly included as part of the jury instructions (I believe the actual words "stand your ground" were in the instructions), so SYG did play a role in the trial.

Of course, the jury does not have to explain why they reach a certain verdict, so there is no way to know whether the jurors used the SYG clause as part of their rationale for letting Zimmerman go, or whether they would have found him guilty if not for Stand Your Ground.

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Will someone please explain if stand your ground was used as a defense in the Zimmerman trial? [View all] Skwmom Jul 2013 OP

I think the jury instructions may have talked about SYG. But I'm not sure. Little Star Jul 2013 #1

I heard the judge mention SYG during the instructions- but did not hear what bettyellen Jul 2013 #4

I thought I heard somewhere that SYG is actually part of the... Little Star Jul 2013 #5

There is no separate SYG law hack89 Jul 2013 #6

Then why the requirement for a separate hearing in order for "stand your ground" to be used? Skwmom Jul 2013 #9

There is a separate law regarding immunity from criminal and civil actions hack89 Jul 2013 #12

Thanks for the clarification. Skwmom Jul 2013 #20

That's an additional protection for the defendant, not a requirement. Yo_Mama Jul 2013 #26

It was NOT used. They used plain self defense. nt LaydeeBug Jul 2013 #2

The defense did not employ SYG, and did not request Eleanors38 Jul 2013 #3

Not officially Horse with no Name Jul 2013 #7

I agree. That looks like what they did. Skwmom Jul 2013 #13

I think because of the issue over Zimmerman getting out of his vehicle Yo_Mama Jul 2013 #23

SYG is about not having a duty to retreat anomiep Jul 2013 #8

Wouldn't it depend when the duty to retreat kicked in? Skwmom Jul 2013 #10

Under duty to retreat law anomiep Jul 2013 #16

What if you could safely retreat but decide to pursue and escalate a situation Skwmom Jul 2013 #24

It depends on your actions, the other person's actions and the circumstances anomiep Jul 2013 #25

And as a real life example anomiep Jul 2013 #28

Yes and no. DanTex Jul 2013 #11

Thanks for the clarification. Skwmom Jul 2013 #18

Getting a yes/no answer on a legal issue on DU ..... oldhippie Jul 2013 #14

Juror B37 says yes jbond56 Jul 2013 #15

In FL, legislation called SYG had more than one part ctaylors6 Jul 2013 #17

It was not used but IMO it was the means that allowed Z to think he had a right to carry a jwirr Jul 2013 #19

No, because according to the statement Zimmerman gave the police Yo_Mama Jul 2013 #21

My understanding of this is: The defense's case was... Spazito Jul 2013 #22

There was no opportunity to retreat from deadly force alleged, so no. cthulu2016 Jul 2013 #27