farglebargle -> RE: He was armed with skittles and ice tea... (3/25/2012 6:16:42 AM)
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ORIGINAL: Kirata quote:
ORIGINAL: farglebargle Didn't I *JUST* get through explaining how you CANNOT invoke 776.013 as a defense because 776.041 SPECIFICALLY EXEMPTS it. 776.041 Use of force by aggressor. The justification described in the preceding sections of this chapter is not available to a person who: (2) Initially provokes the use of force against himself Nice editing, but what the statute actually says is: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. Even if Zimmerman is everything you say he is, your willingness to snip and trim the law in order to convict him is despicable. K. Well, for the purposes of the prosecution's MANSLAUGHTER CHARGES, it's irrelevant, but in the affirmative defense, this is actually a VERY GOOD POINT. THIS IS NOT THE PLACE TO ARGUE IT, THOUGH. It's a decision for a Judge to decide in pretrial motions against a manslaughter charge, since those facts are established and uncontested or a Jury at trial if the facts are at issue. So, why is the Sanford PD denying Due Process and Equal Protection of the Law to someone who is accused of manslaughter? THAT is what the FBI and DOJ are going to figure out.
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