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In reply to the discussion: Mark my words... Zimmerman will walk. [View all]Major Nikon
(36,925 posts)62. Read the actual laws carefully
Go to your link and examine the laws listed in the links, then compare them with the Florida law. I didn't go to all of them, but I can see the difference right away. The one it says is the closest is the Michigan law, so take a look at that one.
Michigan's law lacks the following excerpt from the Florida law:
776.041 Use of force by aggressor. The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
What this means is that even though Zimmerman was the aggressor, he is specifically exempted from prosecution by the very law itself. In all 10 of the states listed in your link, the word "aggressor" doesn't even appear.
So go read the Michigan law closely and you'll find the following excerpt:
(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 to another person or to prevent the commission of a forcible felony.
As you can see, the Michigan law only applies if the person is not the aggressor, yet the Florida law specifically allows for that defense in that instance. That is the key difference. Zimmerman is not the only example of this. There have been numerous instances in Florida where the aggressor uses deadly force, yet is immune from both criminal prosecution and civil penalties. That is why nuts like Zimmerman are specifically protected by the nutty Florida law, and is why he will most likely escape all state charges.
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Iwas hoping your citation would support your claim so I could see why Florida stands out - it fails
DrDan
Apr 2012
#61
I am not trying to be difficult - but I do not think the Michigan law says that at all.
DrDan
Apr 2012
#83
If Zimmerman is not lying about what happened (I know, a big if), he shouldn't be arrested.
Vattel
Apr 2012
#4
None of the evidence...zero percent, none...supports anything Zimmerman has said
Amerigo Vespucci
Apr 2012
#35
Wrong, HE was the aggressor, Trayvon is the one who, had he succeeded in disabling him even
sabrina 1
Apr 2012
#57
Except there is a witness, his girlfriend states that he was approached and may have had
sabrina 1
Apr 2012
#72
very well said. i believe the cultural norms based on racial stereotypes have been
arely staircase
Apr 2012
#78
Yes, it's strange really. I don't understand why anyone is giving any credit at all to the lie that
sabrina 1
Apr 2012
#82
I can be the agressor, initiate contact, and wait for you to take a swing at me.
Ikonoklast
Apr 2012
#7
Good point, FlawDuh will allow him to go but feds don't have a "Shoot Cause You sKeered" law
uponit7771
Apr 2012
#16
Murder is not generally a federal crime, HOWEVER I found this little gem while researching this:
Nye Bevan
Apr 2012
#29
If the state can prove that Zimm did not have reasonable cause to fear for his life or
OneTenthofOnePercent
Apr 2012
#13
JADP - There was no duty to retreat under Florida law even before the SYG law was passed
slackmaster
Apr 2012
#37
That would protect him at the state level, but he can still get pinched on the federal level.
backscatter712
Apr 2012
#39
Even if it gets that far, at least one of 12 jurors will use SYG, bigotry, love of guns, or whatever
Hoyt
Apr 2012
#49