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ctaylors6

(693 posts)
17. In FL, legislation called SYG had more than one part
Tue Jul 16, 2013, 10:46 AM
Jul 2013

1 part added the immunity provision and is what states that immunity is from all prosecution including arrest. The immunity provision allows for a pretrial hearing on immunity. It's my understanding the police relied on this law to some extent to not arrest Zimmerman in the first place. Zimmerman waived the pretrial hearing.

2nd part removed the duty to retreat from the general self-defense law in Florida. I believe at least 30 other states have also removed the duty to retreat.

The general self-defense law WAS used in the Zimmerman trial - says that if you're somewhere you're legally allowed to be you have no duty to retreat when defending yourself, ie you can stand your ground. There have been many confusing discussions I've read on DU about whether SYG "applies" or not. I even read one very wrong post in which someone said the judge erred because she allowed the self-defense instruction that included this general self-defense law language.

I personally don't know how to answer the question if SYG "applied" because I'm not sure what people are asking when they say that since there were different parts of the SYG. And when they're talking about the duty to retreat, that wasn't really a point of dispute when the gun was fired. (For example, if someone is pinned down and getting his head bashed into the ground, even in a duty to retreat jurisdiction, the facts would most likely not require him to retreat to claim self-defense.)

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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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