Posted on 03/21/2012 6:01:38 PM PDT by Navy Patriot
Florida's controversial 2005 "Stand-Your-Ground" self-defense law could make it difficult to charge a Sanford man who shot an unarmed Miami Gardens teenager to death, legal experts say.
An arrest could hinge on whether prosecutors believe that neighborhood-watch volunteer George Zimmerman acted unreasonably when he encountered Trayvon Martin, 17, whom he suspected was a prowler. A 911 dispatcher told Zimmerman that he didn't need to follow Martin.
"If he was attacked, he can stand his ground," said retired Miami-Dade prosecutor David Waksman, who is not involved in the case. "But if police say back off and we'll take care of it, he's not covered by the law."
The state self-defense law eliminated a citizen's duty to retreat before using deadly force to confront an attacker. Police and prosecutors statewide have said the the law fosters a shoot-first, ask-questions-later mentality.
(Excerpt) Read more at kansascity.com ...
You would be legally defending yourself in this instance because, 1)you are SHURE the assaulter has a DEADLY weapon, 2) he has the weapon in the striking position, 3) He is coming toward you to remove your safe zone, 4) 1,2, and 3 establish by visible action that he is approaching with criminal intent, it is not necessary for him to utter a verbal threat, he is committing felony assault at this point without touching you. You are legitimately in fear of your life.
Wouldn't I be alright to do so?
Absolutely, you're legal and fully protected under SYG.
Generally a little more complex, but (most everyplace in America) minors are very well protected and allowed much latitude in self protection. Usually it is a misdemeanor crime for an adult to even annoy a minor.
The women part is very complicated, and I ain't goin' there.
Ok. Thank you.
Talisker, I could not agree with your post more if I tried.
Excellent analysis of this situation.
I believe certain forces are taking this unfortunate event and trying to manufacture an even more unfortunate event, and I am both disgusted and enraged.
This **** has to stop now before it spins out of control.
If the police depart has evidence that will explain this situation, then it MUST release it. If the black community can’t deal with it and decides to riot, then that’s their problem.
Just as an aside comment, Sean Hannity needs to shut his stupid mouth on this subject on which he has no extra information. No one needs to comment any further, or run any more photographs endlessly, or march, or resist we much, or any other such nonsense until the investigation by law enforcement is concluded.
Thanks.
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