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LuckyTheDog

(6,837 posts) Wed Jul 17, 2013, 07:26 AM Jul 2013

Why Stand Your Ground Is Central To George Zimmerman’s Case After All

Since Zimmerman’s lawyers opted not to invoke Stand Your Ground as a defense, observers have characterized this case as a regular old “self-defense” case, rather than a “Stand Your Ground” case. But what these jury instructions make clear is that, in Florida, there is no longer an effective distinction. Stand Your Ground is the state’s self-defense law, whether or not a defendant opts to hold a hearing specifically on the question. In fact, this section on the “Justifiable Use of Deadly Force” is the only place in all 27 pages of jury instructions in which the phrase “self-defense” is used.

And self-defense now means shooters may stand their ground not just to prevent death or great bodily harm, but also to prevent the “commission of a forcible felony.” Those who wonder why jurors didn’t expect that a reasonable person in George Zimmerman’s situation should have taken lesser action than firing a deadly shot at a kid whose arsenal consisted of candy and a soft drink – regardless of whether or not he attacked Zimmerman — may find their answer on page 11 of the jury instructions.

Much more here: http://thinkprogress.org/justice/2013/07/15/2301621/why-stand-your-ground-is-central-to-george-zimmermans-case-after-all/

5 replies

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Why Stand Your Ground Is Central To George Zimmerman’s Case After All (Original Post) LuckyTheDog Jul 2013 OP

In fact, Florida's self-defense laws set the framework by which Zimmerman was tried, ... Kolesar Jul 2013 #1

someone please explain to me why this was not the case for martin as well. ejpoeta Jul 2013 #2

How are you supposed to SYG if you are not armed? HockeyMom Jul 2013 #3

sorry. i understand that, but the idea that martin, if he did start an altercation with zimmerman ejpoeta Jul 2013 #5

Yeah, I don't get that either. I also don't get why Z's actions of chasing the kid Nay Jul 2013 #4

Kolesar

(31,182 posts)

1. In fact, Florida's self-defense laws set the framework by which Zimmerman was tried, ...

Reply to LuckyTheDog (Original post)

Wed Jul 17, 2013, 07:39 AM

Jul 2013

In fact, Florida's self-defense laws set the framework by which Zimmerman was tried, setting the standard by which the jury would have to determine if Martin's death resulted from the justifiable use of force. Indeed, the jury instructions in the case specifically mention that "If George Zimmerman was not engaged in an unlawful activity and was attacked in anyplace where he had a right to be, he had no duty to retreat and had the right to stand his ground" and use deadly force.

http://mediamatters.org/blog/2013/07/15/stand-your-ground-and-the-zimmerman-defense/194870

ejpoeta

(8,933 posts)

2. someone please explain to me why this was not the case for martin as well.

Reply to Kolesar (Reply #1)

Wed Jul 17, 2013, 07:45 AM

Jul 2013

he had every right to be there and was not doing anything unlawful. why did he not have the right to stand his ground when he felt threatened or scared by being followed by a guy first with a truck and then on foot? that's what I don't get. why does SYG only apply to zimmerman?

HockeyMom

(14,337 posts)

3. How are you supposed to SYG if you are not armed?

Reply to ejpoeta (Reply #2)

Wed Jul 17, 2013, 08:03 AM

Jul 2013

SYG was written with gunners in mind.

ejpoeta

(8,933 posts)

5. sorry. i understand that, but the idea that martin, if he did start an altercation with zimmerman

Reply to HockeyMom (Reply #3)

Wed Jul 17, 2013, 09:28 AM

Jul 2013

somehow caused his own demise is ridiculous. Using the same definitions being used to justify zimmerman's syg could be argued to cover martin. he felt threatened. so if he hit zimmerman, then he would have been justified because he felt his life was threatened.

Nay

(12,051 posts)

4. Yeah, I don't get that either. I also don't get why Z's actions of chasing the kid

Reply to ejpoeta (Reply #2)

Wed Jul 17, 2013, 08:58 AM

Jul 2013

aren't part of the discussion in determining whether he was guilty or not. They act like precipitating a fight with someone minding his own business has nothing to do with Trayvon getting shot.

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