Posted on 08/08/2013 3:22:17 PM PDT by digger48
Across the country, laws that pertain to the use of deadly force have come under scrutiny in the wake of the George Zimmerman trial, but not all the laws are the same. That is why Indiana’s law likely won’t be changing any time soon.
Indiana does have legislation in the Indiana Code that would be considered “Stand Your Ground.” It means that a person in Indiana does not have a “duty to retreat” and is allowed to use deadly force in certain scenarios.
Indiana’s legislation is different than Florida’s in a few key areas, but it also shares a lot of similarities with the controversial Florida legislation.
Similarities between Indiana’s law and Florida’s law are as follows:
A person is justified in using deadly force and does not have a duty to retreat in the follow scenarios:
Prevent serious bodily injury to them or another,
Commission of a forcible felony against them or another
Prevent unlawful entry or attack on persons dwelling, curtilage, or occupied motor vehicle
A person who uses force as permitted is immune from prosecution.
A person cannot use deadly force if the person is committing or is escaping the commission of a crime, unless it is one of the scenarios described above.
A person cannot use deadly force if you are the aggressor, unless you withdraw and communicate that.
The differences between the two states highlight some of the more controversial aspects of Florida’s law:
In Florida police officers cannot arrest a person for using deadly force unless they believe the force was unlawful
In Florida if you are the aggressor, but still feel that your life is in danger and you can’t escape, you are allowed to use deadly force.
In Florida the court shall award you money if anyone pursues you in civil court for use of lawful deadly force.
So should Indiana’s law be changed? Local legislators don’t think so, and they don’t expect it to change any time soon.
“My initial gut feeling is the general assembly won’t take any action on that next session,” said State Representative Mike Karickhoff (R-30). “I am not in leadership, but I can tell you I am not going to author any legislation in respect to stand your ground law. “
Karickhoff did not feel like Indiana’s law was as far-reaching as Florida.
“It seems like pretty standard self-defense stuff,” said Karickhoff. “Stand Your Ground would give the person a lot more latitude to use deadly force than the Indiana law.”
Karickhoff’s Howard County colleague, Heath VanNatter (R-38), said he would have to review the legislation before he could comment in great detail.
“I am a supporter of the second amendment and people legally owning guns,” said VanNatter. “I would tend to say that I support it, but without seeing it exactly…”
He said he wouldn’t make a blanket statement one way or the other without seeing any proposed changes to the legislation.
VanNatter did add that he was uncertain why the law in Florida is being tied to the Zimmerman trial.
“I watched the prosecutor after the verdict,” said VanNatter. “The prosecutor said the Trayvon Martin case had nothing to do with ‘Stand Your Ground.’ So they are dragging a law in because of one particular case that didn’t have anything to do with that law. I don’t even know why the issue has gotten so heated given that it wasn’t a part of the case.”
I kinda like the part in Florida Law about the civil liability.
Bttt
FWIW...this newspaper is free in the area, and so is its E-Edition, if anyone cares to snoop around Kokomo news
Is that going to keep the Martins from filing suit against Z?
If I remember correctly, his bro is an attorney and/or working for an attorney.
I bet if you looked around a bit...you'd find something on Tray that says....ah ha...he did know exactly how the stand your ground worked.....and that's why he wasn't worried about bashing George to death.
O’Mara said they would seek immunity if Z was sued.
I assume SYG is what he meant by that.
Maybe. If they found GZ beaten to death, with his gun still in the holster I'd be dubious about claims he was the aggressor.
That’s where Jentell (sp) comes in...a corroborating witness...imagine that...
See my other post.
Would make sense.
Wish they would get on with the charges against the prostitution/ er prosecution !
"I watched the prosecutor after the verdict," said [Heath VanNatter (R-38)]. "The prosecutor said the Trayvon Martin case had nothing to do with ‘Stand Your Ground.’ So they are dragging a law in because of one particular case that didn’t have anything to do with that law. I don't even know why the issue has gotten so heated given that it wasn’t a part of the case."
I seem to remember that Sabrina wasn’t the only onw with connections.
Thanks for the link
The prosecutor said the Trayvon Martin case had nothing to do with ‘Stand Your Ground.’ So they are dragging a law in because of one particular case that didn’t have anything to do with that law. I don’t even know why the issue has gotten so heated given that it wasn’t a part of the case.
It's a community organizing thing, so small wonder it doesn't make sense to normal people.
Killing someone via legal lethal self defense, is not an accident where “blame” can be apportioned to get to the deepest pockets.
It is either legal lethal self defense, or it isn't.
If it is, end of story, as far as prosecutions and civil lawsuits are concerned.
If it is not clearly self defense, there may be a prosecution, but if there is, and the killer is found not guilty of murder or manslaughter, also-end of story.
In the Zimmerman case, there was nothing to indicate this was not a clear case of lethal self defense.
He should never have been prosecuted.
I can't say I am certain lawsuits against the State of Florida by Zimmerman's lawyers are about to begin, but they should. (Zimmerman is a registered Democrat, and has also been put through a very public hell for over a year.The media and political activists have essentially destroyed his life, and his future potential for a normal life is zero. Let him decide what he wants to do, I'll not judge him either way.)
In this case the law is just, but the legal system ignored our laws, and worked against it, in favor of political and media causes. And the manufactured threat of a mob was allowed to rule for a time.
No justice, no peace, should indeed be a call to arms.
But not for the teenager who made a very bad choice to inflict violence on another, and lost his life.
For but by the grace of God, there go you and I, walking mile after mile in Zimmerman's shoes.
I was speaking with black friend (and yes he’s very Liberal) who is retiring this year. In talking about it he mentioned that he had been thinking about moving to Florida for retirement but now he is not because he “has no rights there”.
There is nothing but the Zimmerman case from which he could have derived that position. I just let it go past me, and did not ask what he meant by it.
Sometimes the media indoctrination is so deep you can’t rescue someone from it no matter what you say.
The case is a great example of what we can do with small donations. Without support George would be rotting in prison.
FREE REPUBLIC IS IMPORTANT TOO, SUPPORT IT!
Mark O’Mara has Angela Corey in his sights, when he is ready to move you’ll want plenty of popcorn.
I know I’m being impatient. But the Martin gang is spreading lies like hot butter. Pretty difficult to unspread unless you catch it before it melts and soaks in.
OTOH he’s giving them plenty of rope to hang themselves Just want them to be accountable !
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