farglebargle -> RE: He was armed with skittles and ice tea... (3/25/2012 1:49:17 PM)
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ORIGINAL: Kirata quote:
ORIGINAL: Owner59 It basically makes any ground,anywhere, a place where a gun toter can shoot someone.......and the police can`t do much unless there`s a witness or video tape showing the victim was completely innocent. That's simply not true, and the relevant statute has already been quoted. 776.012 - A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force... The use of deadly force is protected only when there is a reasonable belief that such force is necessary to prevent imminent death or great bodily harm. The protection turns on the word "reasonable." The problematic cases are typically gang fights and the like, i.e., situations where either side can legitimately claim such a "reasonable belief," one might in some cases say a certainty, so the survivor walks. Zimmerman, on the other hand, is going to have a tough row to hoe. K. Trayvon Martin's use of force against the guy who was stalking him at night was lawful, so Zimmerman doesn't enjoy .043 protection. AND to make that claim anyway, he needs to FILE A MOTION TO DISMISS or make that claim to a jury if the motion is denied. That way, the Judge can decide the Law in the case, and rule appropriately, or a Jury can decide fact. Since Zimmerman can't even get over that hurdle, the additional hurdles are impossible. Would a reasonable and prudent person gotten out of their car, armed, against professional advice, and followed Martin, and would a reasonable and prudent person fear for their safety at night when being followed by a potentially armed stranger? NO. A reasonable and prudent person would have stayed in their place of safety, knowing that Zimmerman COULD BE dangerous ( otherwise, why tell 9-1-1 you thought he was all doped up? ) YES. A reasonable and prudent person would fear for their safety when being chased or followed by a total stranger, not wearing a uniform and without lawful authority. So, it's LEGAL for Trayvon Martin, being followed at night by a stranger, in fear for his safety to defend himself, and it's not legal for Zimmerman to go hunting black people. Understand now? Of course, all this is secondary to the fact that if Zimmerman wants to make these claims in his defense, he NEEDS TO do it before a Judge.
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