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In reply to the discussion: It's this simple - George Zimmerman was stalking Trayvon Martin [View all]hack89
(39,181 posts)19. All true but irrelevent
This is not a SYG case - Zimmerman will make a standard self defense defense. Under Florida self defense law, there are two circumstances where the aggressor retains the right to use lethal force in self defense.
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.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.041.html
He will plead SYG just to see if he can get it past the judge, but judging from his comments and the leaked evidence, I bet he will use either (or perhaps both) sections a and b of the above law as his defense.
I don't know if he will get away with it but it is not so clear cut legally as so many here believe.
Just so it is clear, I think he is guilty and should go prison. I am just pointing out that the reality of what the law actually says is often not what you would think.
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I haven't commented on this very sad episode but this is 100% correct: Zimmerman was stalking
byeya
Jul 2012
#1
Are you of the school that Zimmerman was brandishing the weapon while walking?
slackmaster
Jul 2012
#10
The defense will admit that Zimmerman was following Travon, but lost sight of him and broke off...
slackmaster
Jul 2012
#9
Are you of the school that Trayvon came out of the shadows and attacked Zimmerman?
uppityperson
Jul 2012
#28
I believe Zimmerman is morally responsible for a needless death because he started the confrontation
slackmaster
Jul 2012
#38
I'd rather not live in a society where someone is shot for taking a couple tennis balls. Good grief.
uppityperson
Jul 2012
#31