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hack89

(39,181 posts)
12. There is a separate law regarding immunity from criminal and civil actions
Tue Jul 16, 2013, 10:38 AM
Jul 2013

regarding justifiable use of force. That is the statute that authorizes the separate hearing - note that the hearing is not just for SYG situations but any self defense situation. It precedes the addition of SYG to the self defense law.

Z did not ask for an immunity hearing - the defense did not want to show their evidence to the prosecution before the trial. That doesn't mean that Z could not bring up stand your ground during the trial itself. You do not have to have a hearing to use SYG as a defense.

The jury saw the one and only statute on the use of deadly force in self defense. SYG is one part of the statute.

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

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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
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