General Discussion
In reply to the discussion: Again, If you provoke a confrontation, you cannot claim self defense. That should be the law. [View all]B Stieg
(2,410 posts)As former Florida Secretary of State Dan Gelber has pointed out, pre-Jeb Bush, pre- Koch Brothers, and pre-ALEC Florida law would have required the following instructions to be read to a jury in a self-defense murder trial:
"The defendant [George Zimmerman] cannot justify the use of force likely to cause death or great bodily harm unless he used every reasonable means within his power and consistent with his own safety to avoid the danger before resorting to that force. The fact that the defendant [George Zimmerman] was wrongfully attacked cannot justify his use of force likely to cause death or great bodily harm if by retreating he could have avoided the need to use that force."
By comparison, here are the Stand Your Ground instructions that actually were read to the Zimmerman jury:
The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.
George Zimmerman
had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself
Removing the duty to retreat makes us less safe and more uncivilized!