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In reply to the discussion: Under FLA's Stand Your Ground Law, An African American Man Can Shoot Zimmerman [View all]spin
(17,493 posts)20. No. He has to have reason to expect an imminent attack that would ...
cause serious injury or death.
The 2011 Florida Statutes
JUSTIFIABLE USE OF FORCE
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.
1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
***snip***
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html
Use of Deadly Force for Lawful Self-Defense
***snip***
2. The amount of force that you use to defend yourself must not be excessive under the circumstances.
Never use deadly force in self-defense unless you are afraid that if you don't, you will be killed or seriously injured;
Verbal threats never justify your use of deadly force;
If you think someone has a weapon and will use it unless you kill him, be sure you are right and are not overreacting to the situation.
3. The law permits you to carry a concealed weapon for self-defense. Carrying a concealed weapon does not make you a free-lance policeman or a "good samaritan."
http://licgweb.doacs.state.fl.us/weapons/self_defense.html
I suspect the law will be revised in the future so as to make it far easier to prosecute someone who uses the "Stand Your Ground" defense when there are reasonable questions that ask if the individual acted reasonably. Several jury trials have already occurred and in some the defense was successful and in others it failed and the defendant was convicted.
In the Travon Martin/George Zimmerman incident, I can't for the life of me understand why Zimmerman hasn't been charged. I fault the police department more than I do the law as, while I am not an attorney, it seems that Zimmerman pursued Martin after being told not to confront him. Chasing someone down is in no way standing your ground. The more reports that I read and hear on the news, the more I feel that the investigation was poorly conducted and that the Sanford police department is either incompetent or racist.
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Under FLA's Stand Your Ground Law, An African American Man Can Shoot Zimmerman [View all]
Yavin4
Mar 2012
OP
If it were any other state, I could see concerned legislators gathering to
ChairmanAgnostic
Mar 2012
#2
It tripled "justifiable homicides". I believe that officially qualifies as "blood in the streets".
ieoeja
Mar 2012
#63
If this asshat gets away with murder, it's going to set race relations back 50 years.
BlueJazz
Mar 2012
#7
On Amy's show today, I heard that nearly half the states have similar laws. n/t
EFerrari
Mar 2012
#9
You are intentionally ignoring the requirement of reasonableness that is explicitly in the law
slackmaster
Mar 2012
#28
George Zimmerman and Trayvon Martin should have been given toxicology tests
slackmaster
Mar 2012
#49
The family's attorney stated that toxicology tests were run on Trayvon's body. They were negative.
yardwork
Mar 2012
#57
The ONLY reason this case was finally handed to a grand jury is due to public outcry.
yardwork
Mar 2012
#56
The police chief was quoted as saying that the DA saw no evidence to press charges.
yardwork
Mar 2012
#59
A lot of people are going to be very disappointed if Zimmerman isn't charged with a crime
slackmaster
Mar 2012
#62
What you have articulated sounds exactly the same as jury instructions I've gotten in the USA
slackmaster
Mar 2012
#48
You didn't read the statute? Says that only "scary" people can be shot by "scared" property-holders
leveymg
Mar 2012
#17
Zimmerman should never have stepped his racist ass out of his vehicle as DIRECTED by 911.
CakeGrrl
Mar 2012
#22
Me either. Especially when you listen to the two women (it's playing on CNN)
ScreamingMeemie
Mar 2012
#54
No, and I feel it is counterproductive for you to post such hysterical hyperbole on this forum
slackmaster
Mar 2012
#27