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Yo_Mama

(8,303 posts)
21. No, because according to the statement Zimmerman gave the police
Tue Jul 16, 2013, 11:08 AM
Jul 2013

he never had an opportunity to leave the final confrontation, therefore the "duty to retreat" standard of common law would not apply in this case whether it were law or not in FL. His statement was at least partially confirmed by the statements of other witnesses.

However, the overall statutes in FL related to self-defense claims did mean that the police could not arrest Zimmerman until it was determined that they had probable cause to determine that a crime had occurred.

The duty to retreat always meant the duty to retreat before using deadly force IF YOU COULD retreat, and generally there was a recognized exception if defenseless others were involved. In other words, a man confronting an armed intruder in his living room would generally be considered to have the duty to retreat through the back door if he could unless he was being threatened with death if he attempted retreat, but if he had a wife and children upstairs, the duty to retreat did not pertain.

The Florida statutes which apply are in Chapter 776
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776ContentsIndex.html&StatuteYear=2012&Title=-%3E2012-%3EChapter%20776

SYG is in 776.013.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html

The provision forbidding the police to arrest him until they determined that they had probable cause to rebut his self-defense claim is in 776.032:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html



Recommendations

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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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