Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: notsofastmyfriend
For anyone who listened to the audio presentation to the end, I believe the reporter misspoke when he said that the law would not apply if Zimmerman provoked an attack. I recommend this article in full analyzing the Florida stand your ground and self-defense laws but here is a relevant part:

Finally, Florida law guaranteeing self-defense rights express excludes anyone who “Initially provokes the use of force against himself or herself.” Fla. Stats. 776.041. As is typical in other states, the provoker can only regain self-defense rights if:

(2)(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.

The only way that this statute would be relevant would be if Zimmerman initially attacked Martin, and then withdrew. Zimmerman has made no such claim, nor does the M narrative.

http://www.opposingviews.com/i/politics/florida%E2%80%99s-self-defense-laws

There is absolutely no evidence anywhere in the public record that Zimmerman "provoked" an attack. Even if he did, his injuries confirm his account that he was on his back being savagely beaten and therefore in reasonable apprehension of grave bodily harm with no possibility of retreat and thus affording him the right to use deadly force in self-defense.


11 posted on 05/16/2012 4:33:39 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: nathanbedford

“There is absolutely no evidence anywhere in the public record that Zimmerman “provoked” an attack.”

I was listening to attorney Crump yesterday who created the PR to construct the racial storyline.Apparently they are going to try to counter the Zimmerman medical report with a new narrative that Zimmerman provoked Martin to attack first because Martin was in fear of his life because Zimmerman had a gun.Crump actually said Martin was “standing his ground” against a man with a gun.Of course, it is nonsense but it is ironic that those marching vs stand your ground law apparently are more than happy to use it for their own purposes


31 posted on 05/16/2012 5:31:28 AM PDT by chuckee
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson