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DCBob

(24,689 posts)
Thu Mar 22, 2012, 08:18 PM Mar 2012

The "stand your ground" law applies to everyone right? .. including Trayvon.

I suspect he felt threatened even more. He was being followed by a huge scary looking white guy with a gun. Shit I would be freaked too and try to defend myself any way possible. If there was an altercation then it was based on both parties feeling threatened. One party used unnecessary deadly force and should be charged with something.

I cant believe shooting and killing an unarmed boy can be considered self defense in this situation. Its outrageous.

26 replies = new reply since forum marked as read
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The "stand your ground" law applies to everyone right? .. including Trayvon. (Original Post) DCBob Mar 2012 OP
You didn't read Paragraph 11g Warren Stupidity Mar 2012 #1
Yeah.. ok that explains it. DCBob Mar 2012 #5
A lawyer agrees with you. moriah Mar 2012 #2
To me its like two guys getting in fist fight in a bar... DCBob Mar 2012 #7
For a fist fight.. X_Digger Mar 2012 #14
no one knows who was engaging or disengaging... only the word of the killer. DCBob Mar 2012 #17
Yeah, that was a hypothetical, not related to this case. n/t X_Digger Mar 2012 #19
which is why a lawyer will tell you off the record Warren Stupidity Mar 2012 #20
Unfortunately that is the reality of our legal system. DCBob Mar 2012 #21
Since Republican'ts have taken over Florida, it's gone DOWNHILL BlueCaliDem Mar 2012 #3
The Governor has appointed a new prosecuter, so maybe something will come of that. n/t teddy51 Mar 2012 #4
i have made that point here several times arely staircase Mar 2012 #6
I didnt see your posts earlier but that is exaclty how I see it. DCBob Mar 2012 #8
well thank you for making it again arely staircase Mar 2012 #13
It does not apply to those who are not paranoid enough to walk around with a gun. Deep13 Mar 2012 #9
Actually it doesn't apply to everyone--it doesn't apply to the aggressor in a confrontation. TheWraith Mar 2012 #10
Yes, that makes his "self-defense" case even weaker. DCBob Mar 2012 #11
If Zimmerman grabbed him, tried to detain him, or started the altercation, then hell yes. X_Digger Mar 2012 #12
actually if zimmerman tried to detain him in any way arely staircase Mar 2012 #15
*nod* agreed. I could have been clearer. n/t X_Digger Mar 2012 #18
you were pretty clear (to me) arely staircase Mar 2012 #24
Exactamundo. n/t X_Digger Mar 2012 #25
No, no, no, no, no. The NRA bought this law so that violent crazies would use their guns. valerief Mar 2012 #16
Oh sure. White boy walks to the store for ice tea and skittles and gets gunned downed workinclasszero Mar 2012 #22
In that scenario the black man would never see the light of day again. DCBob Mar 2012 #23
I know thats right! workinclasszero Mar 2012 #26

moriah

(8,311 posts)
2. A lawyer agrees with you.
Thu Mar 22, 2012, 08:23 PM
Mar 2012
Trayvon Martin: "Stand Your Ground" Rule Has NOTHING To Do With This Case

A lot of professional and amateur media have argued that the "stand your ground" rule -- a provision in Florida self-defense law -- could complicate or preclude the prosecution of George Zimmerman. Zimmerman killed Trayvon Martin, but police declined to arrest him. Sanford Police Chief Bill Lee insists that he cannot dispute Zimmerman's assertion of self-defense. 911 calls, witness testimony and the fact that Trayvon was unarmed and much smaller than his assailant, however, severely undermine Zimmerman's self-defense argument.

Nevertheless, some commentators -- most of whom lack any legal training -- insist that the stand your ground rule bolsters Zimmerman's defense. This argument is baseless. In order to understand why the rule should not affect the outcome of this case, it is important first to examine the law of self-defense in Florida.

<snip>

For several reasons, however, the stand your ground rule has no bearing on the Martin case. First, Florida law clearly states that self-defense is only available to aggressors under very limited circumstances:



More at link.

And yes, I agree that he was being threatened by being followed around.

DCBob

(24,689 posts)
7. To me its like two guys getting in fist fight in a bar...
Thu Mar 22, 2012, 08:28 PM
Mar 2012

One guy pulls a gun and kills the other guy. Can the killer claim a "stand your ground" self-defense? Thats absurd right?

X_Digger

(18,585 posts)
14. For a fist fight..
Thu Mar 22, 2012, 08:46 PM
Mar 2012

If one party disengages- and makes it known that they're disengaging- then the other party can't continue.

See 2(b) here- http://law.onecle.com/florida/crimes/776.041.html

DCBob

(24,689 posts)
17. no one knows who was engaging or disengaging... only the word of the killer.
Thu Mar 22, 2012, 08:51 PM
Mar 2012

When there is a shooting and death and no clear evidence of self defense then this case needs to go to court.

 

Warren Stupidity

(48,181 posts)
20. which is why a lawyer will tell you off the record
Thu Mar 22, 2012, 09:04 PM
Mar 2012

that if you decide to use lethal force it is in your best interests to make sure the other person ends up dead.

BlueCaliDem

(15,438 posts)
3. Since Republican'ts have taken over Florida, it's gone DOWNHILL
Thu Mar 22, 2012, 08:23 PM
Mar 2012

I still can't understand how they're able to take over that state. Are the majority of Floridians really that dense??

Wherever Republican'ts gain power, the state, the city, the town, heck, the country goes to hell almost immediately.

When will Americans learn?

DCBob

(24,689 posts)
8. I didnt see your posts earlier but that is exaclty how I see it.
Thu Mar 22, 2012, 08:30 PM
Mar 2012

There is no other way to interpret it in my point of view.

arely staircase

(12,482 posts)
13. well thank you for making it again
Thu Mar 22, 2012, 08:44 PM
Mar 2012

maybe the law needs to be changed. but i think some (the police, and some attacking the law) have fallen into arguing from a position full of racial assumptions - most of all that the white guy with a gun had to be the one standing his ground.

TheWraith

(24,331 posts)
10. Actually it doesn't apply to everyone--it doesn't apply to the aggressor in a confrontation.
Thu Mar 22, 2012, 08:37 PM
Mar 2012

That's why even if you believe Zimmerman's story 100%, he still can't legally claim self defense. He became the aggressor when he chased Martin.

DCBob

(24,689 posts)
11. Yes, that makes his "self-defense" case even weaker.
Thu Mar 22, 2012, 08:39 PM
Mar 2012

If this case ever goes to court Zimmerman is toast... imo.

X_Digger

(18,585 posts)
12. If Zimmerman grabbed him, tried to detain him, or started the altercation, then hell yes.
Thu Mar 22, 2012, 08:44 PM
Mar 2012

Martin had every right to be where he was, was not engaged in a criminal act, and did not initiate the aggression.

arely staircase

(12,482 posts)
15. actually if zimmerman tried to detain him in any way
Thu Mar 22, 2012, 08:49 PM
Mar 2012

whether through force or the threat (even implied) of force, trayvon had a right to stand his ground.

arely staircase

(12,482 posts)
24. you were pretty clear (to me)
Thu Mar 22, 2012, 09:19 PM
Mar 2012

my point (which is still a minority here) is that the stand your ground law does apply here, just not in the way people here (and the media at large) have assumed it does.

you and i are in total agreement on this. i (and i think you based on previous posts) support stand your ground laws. i just think there was a racially based missaplication of it embedded in the local cops' decision to not charge zimmerman.

i interpret duty to retreat laws as as a burden on the victims of bullies to continue to behave as victims. i don't think a gay person has any duty to flee a gay basher.

valerief

(53,235 posts)
16. No, no, no, no, no. The NRA bought this law so that violent crazies would use their guns.
Thu Mar 22, 2012, 08:49 PM
Mar 2012

It doesn't count unless the violent crazy has an NRA-approved gun.

 

workinclasszero

(28,270 posts)
22. Oh sure. White boy walks to the store for ice tea and skittles and gets gunned downed
Thu Mar 22, 2012, 09:12 PM
Mar 2012

on the way home by a black man claiming he looked suspicious.

Then the police ask the shooter a few questions then set him free with the gun he used to kill the little white boy with.

Really? I say REALLY????

Oh hells yeah thats gonna happens all over American, you betcha yah!

DCBob

(24,689 posts)
23. In that scenario the black man would never see the light of day again.
Thu Mar 22, 2012, 09:15 PM
Mar 2012

"Jim Crow" is still alive and well in America.

 

workinclasszero

(28,270 posts)
26. I know thats right!
Thu Mar 22, 2012, 09:48 PM
Mar 2012

These stand your ground laws are the modern day equivalent of lynchings.

Its open season on blacks and any other "suspicious looking person" (non white most likely) in America!

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