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ctaylors6

(693 posts)
29. Maybe this will help clear up confusion
Tue Jul 16, 2013, 07:28 PM
Jul 2013

In about 2005, FLorida passed legislation pertaining to self-defense laws. So-called SYG legislation. It included different parts.

1 part was the immunity provision that provides immunity from "prosecution" and provides for a pretrial immunity hearing. Since prosecution includes arrest, that part likely came into play at the beginning of all this. Zimmerman waived the pretrial immunity hearing.

Another part removed of the SYG the duty to retreat from the general self-defense law in Florida. So if you're someplace you're legally allowed to be (but outside your home, which is covered by a different provision in the law) then you do not have a duty to retreat - ie you can stand your ground. That is the basic self-defense law in Florida, and the statute is used in the jury instructions in any case in which the jury is to consider self-defense. I think more than 30 of the states in the US have removed the duty to retreat (not sure of exact statistics - haven't kept track.)

I think all of these back and forths about about SYG "applying" or not have arisen because people have heard something on the news or read something in forums or in the news about SYG but did not realize that there were different parts. Plus people have been using the word "apply" which IMHO is really too vague a word to use in this context. For example, a commentator may have said SYG will not "apply" because Zimmerman waived the pretrial hearing. What that really meant is Zimmerman waived the pretrial SYG immunity hearing. It does not mean anything about the duty to retreat part. That's just part of the basic self-defense law in FL now.

Edited to add: In Florida, a defendant can claim self-defense against a charge of manslaughter. So the self-defense laws (technically called justifiable use of force in FL penal code) were given in the instructions related to both murder and manslaughter.

Edited again to add: 776.012 and 776.013 are the general self-defense laws that were given in jury instructions. Also wanted to mention that there's another provision of the FL self-defense laws (776.041) that provide an exception to the self-defense laws for an "initial aggressor." The parties argued over the inclusion/exclusion of that provision during the charging conference, and the judge ruled that it would be excluded.

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Well a juror said it did make a difference! It's the same propaganda controlling the Snowdon story SugarShack Jul 2013 #1
That was the entire point of my thread. SYG instructions OBLITERATE manslaughter laws. blm Jul 2013 #2
Yep. You got it. (nt) LuckyTheDog Jul 2013 #3
Comparision LuckyTheDog Jul 2013 #4
What about the victim? Historic NY Jul 2013 #6
Not in Florida (nt) LuckyTheDog Jul 2013 #8
As we have seen the law gives rise to vigilante style Historic NY Jul 2013 #9
Yes...But not according to the jury Tippy Jul 2013 #12
Your point? Igel Jul 2013 #15
MY point is from a LE prospective ... Historic NY Jul 2013 #49
Absolutely true if Zimmerman initiated the physical violence... Pelican Jul 2013 #53
The jury was wrong! hrmjustin Jul 2013 #55
I'm surprised to learn that Florida has 6 person juries for felony cases. tanyev Jul 2013 #5
A NY felony trial jury 12 members and up to 6 alternates... Historic NY Jul 2013 #7
Connecticut I think does it too....along with sometimes Texas davidn3600 Jul 2013 #34
I've never heard of it in Texas. tanyev Jul 2013 #52
It's not spin. You're not understanding the law. DirkGently Jul 2013 #10
Except the jury hung their hats on the SYG instructions. Instructions that TRUMP the blm Jul 2013 #13
Please explain what you mean by that. DirkGently Jul 2013 #14
The jurors were given instructions on Stand your ground blm Jul 2013 #47
The defense didn't have to invoke SYG. It still applied. LuckyTheDog Jul 2013 #17
You still have to argue it. Explain how / when that happened. DirkGently Jul 2013 #18
You are just wrong LuckyTheDog Jul 2013 #21
No, dude, YOU are just wrong. Explain how SYG applied. DirkGently Jul 2013 #24
There was no SYG hearing LuckyTheDog Jul 2013 #27
Your OP is that SYG had "everything to do with the acquittal." FALSE. DirkGently Jul 2013 #30
If not for the re-definition of self defense thanks to SYG, Zimmerman probably would be in prison LuckyTheDog Jul 2013 #33
No. Any evidence countering Martin pinning Zimm would be huge. DirkGently Jul 2013 #46
Query re actual versus perceived danger. Jim Lane Jul 2013 #50
Actually, yes. There's a special hearing to determine if the defendant's actions are covered by SYG. X_Digger Jul 2013 #36
You are saying that Trayvon attacked Zimmerman? cthulu2016 Jul 2013 #11
Not saying that at all LuckyTheDog Jul 2013 #16
I read the law before it was fashionable. I am a law-reader by nature. cthulu2016 Jul 2013 #19
Sigh. Read the jury instructions. LuckyTheDog Jul 2013 #22
The Zimmerman apologists will not back down on this MattBaggins Jul 2013 #54
Maybe you should cite the language you're talking about. DirkGently Jul 2013 #20
You're not going to make any headway, I fear. COLGATE4 Jul 2013 #23
Jesus Christ, I swore I was done with this topic, but the ignorance burns. DirkGently Jul 2013 #25
I hear you loud and clear. COLGATE4 Jul 2013 #26
So, the instructions from the judge... LuckyTheDog Jul 2013 #28
Regarding "duty to flee?" No. How do you think otherwise? DirkGently Jul 2013 #40
Maybe this will help clear up confusion ctaylors6 Jul 2013 #29
So, basically... LuckyTheDog Jul 2013 #31
I think you've got it ctaylors6 Jul 2013 #39
No, it did not redefine anything. X_Digger Jul 2013 #42
I doubt Martin was on top of him the entire time, if ever LuckyTheDog Jul 2013 #51
Without SYG, it would have been the exact same case. X_Digger Jul 2013 #56
Nicely put. But SYG deals only with the duty to flee, which did not arise. DirkGently Jul 2013 #32
It changed the case LuckyTheDog Jul 2013 #35
Arguments like what? DirkGently Jul 2013 #43
It seems to me that you're essentially arguing anomiep Jul 2013 #44
Elaborate Lurks Often Jul 2013 #45
I am totally confused about this SYG issue LittleBlue Jul 2013 #37
Not many folks around DU understand SYG. I'd suggest statute research, Decoy of Fenris Jul 2013 #38
There is an immunity element of SYG for both civil and criminal DirkGently Jul 2013 #41
For all Zimmy knew, those skittles were packed with explosives. BootinUp Jul 2013 #48
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