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I'm With You
Joined: 01 Sep 2011
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Posted: Mon Jul 15, 2013 8:27 am Post subject: Stand Your Ground Laws - Zimmerman |
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It seems that the acquittal of George Zimmerman in the killing of unarmed teen Trayvon Martin has raised intense discussion of the "stand your ground" laws inf florida. Stand Your Ground Law.
So if I am able convince a jury that I was "standing my ground" - e.g., imminent death or grievous injury - I am acting lawfully. NO problems with that! However, is there potential for this defense to be abused in court? |
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ghostrider
Joined: 27 Jun 2011
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Posted: Mon Jul 15, 2013 9:08 am Post subject: |
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Under traditional legal principles, people in disputes generally have a duty to “de-escalate” in the interest of saving human life, but the Florida law dialed down the historic “duty to retreat.” Now, people would have the same kind of right to stand their ground in public — on the streets, in parking lots and in bars — that they historically had in their homes.After gaining a foothold in Florida, the “Stand your ground” movement spread quickly to other states. This legal revolution did not just happen. The National Rifle Association (NRA) and its allies lobbied for the changes heavily, arguing that “Stand your ground” is an important gun right. The lobbying effort paid off. Today, 25 states have passed “Stand your ground” laws.The argument for these laws is that they free people to defend themselves when they reasonably believe they are in danger. The NRA and other supporters argue that state laws that impose a duty to retreat put law-abiding citizens faced with a threat in an unfair position. If they reasonably act to protect themselves, “Stand your ground” supporters say, they will too often be second-guessed by the legal system — and charged with homicide.But critics have pointed out the obvious problem with “Stand your ground” laws. They encourage people who get caught up in dangerous encounters to up the ante and to shoot when gunfire could have been avoided. The Brady Campaign to Prevent Gun Violence, a pro-gun-control group, has dubbed “Stand your ground” laws “Shoot first” laws. And the National District Attorneys Association (NDAA) has pointed out an oddity of “Stand your ground”: the “blanket immunity” that the Florida law gives to members of the public who fire their guns is actually broader than the leeway the law gives to police, whose job it is to defend public safety.
http://ideas.time.com/2012/04/16/the-growing-movement-to-repeal-stand-your-ground-laws/
I think in a lot of states Zimmerman could have been convicted of something such as imperfect self defense. If he had not chosen to escalate a tense situation a life could have been saved. He should have retreated and let the police handle the matter. |
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young_clinton
Joined: 09 Sep 2009
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Posted: Mon Jul 15, 2013 11:21 am Post subject: Re: Stand Your Ground Laws - Zimmerman |
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| I'm With You wrote: |
It seems that the acquittal of George Zimmerman in the killing of unarmed teen Trayvon Martin has raised intense discussion of the "stand your ground" laws inf florida. Stand Your Ground Law.
So if I am able convince a jury that I was "standing my ground" - e.g., imminent death or grievous |
The law allows you to use deadly force to prevent imminent death or grevious bodily harm even if you could prevent it by running away. |
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geldedgoat
Joined: 05 Mar 2009
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Posted: Mon Jul 15, 2013 12:09 pm Post subject: |
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Stand Your Ground has nothing to do with the Zimmerman case. His self-defense claim would have stood in every state in the US, even those without SYG laws, because he was being restrained at the time of the shooting. There is no option for retreat in that situation, and the duty to retreat is the only thing that SYG addresses.
Also, there's already a thread dedicated to the case over in Current Events. |
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ghostrider
Joined: 27 Jun 2011
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Posted: Mon Jul 15, 2013 1:00 pm Post subject: |
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| geldedgoat wrote: |
Stand Your Ground has nothing to do with the Zimmerman case. His self-defense claim would have stood in every state in the US, even those without SYG laws, because he was being restrained at the time of the shooting. There is no option for retreat in that situation, and the duty to retreat is the only thing that SYG addresses.
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True but did he have an opportunity to retreat before Martin attacked him? In some states if someones threatens you and you do not walk away then you can be held legally responsible for injuring or killing that person (even if you were attacked first). Why? Because you had the option of avoiding violence in the first place by simply walking away. The law should not encourage people to be violent. It should be a last resort.
Another thing that is so controversial about Florida's law is that it allows you to not only stand your ground if threatened but also to shoot the person who is threatening you. It's the "shoot first ask questions later" law. No wonder "justifiable" homicides have skyrocket in Florida since the passage of this law. |
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geldedgoat
Joined: 05 Mar 2009
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Posted: Mon Jul 15, 2013 1:17 pm Post subject: |
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| ghostrider wrote: |
| In some states if someones threatens you and you do not walk away then you can be held legally responsible for injuring or killing that person (even if you were attacked first). |
I'll have to see that before I believe it.
And I really would like to see it, because any place that puts such insanity into law is somewhere I never want to be. |
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Swampfox10mm
Joined: 24 Mar 2011
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Posted: Mon Jul 15, 2013 4:11 pm Post subject: |
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As a gun owner with a legal CCW permit who carries on a regular basis when home, I have to say that there sure are a lot of ignorant people who believe everything the liberal media feeds them about gun laws and Zimmerman.
Pandering to stupidity and ignorance sure does create clicks. |
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ghostrider
Joined: 27 Jun 2011
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Posted: Mon Jul 15, 2013 4:56 pm Post subject: |
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| geldedgoat wrote: |
| ghostrider wrote: |
| In some states if someones threatens you and you do not walk away then you can be held legally responsible for injuring or killing that person (even if you were attacked first). |
I'll have to see that before I believe it.
And I really would like to see it, because any place that puts such insanity into law is somewhere I never want to be. |
What would be the point of having laws that require you to retreat from a threat if you could violate such laws, kill someone, and have the homicide be ruled justifiable? |
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geldedgoat
Joined: 05 Mar 2009
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Posted: Mon Jul 15, 2013 5:24 pm Post subject: |
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So by this...
| ghostrider wrote: |
| In some states if someones threatens you and you do not walk away then you can be held legally responsible for injuring or killing that person (even if you were attacked first). |
...were you simply referring to states that don't have SYG laws? |
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