“Are there any words that would justify a retaliation with a physical assault?”
Yes. They are called “fighting words.” I don’t know if “nigger” alone would count, but “I’m going to shoot you” definitely would. Certainly in that situation.
The thing is, there’s no evidence of that on the 9-11 tape, nor did the neighbor who witnessed the fight hear it, nor Martin’s girlfriend, so far as I can tell. The fight started somehow, and it could have been Zimmerman’s fault. Not just fighting words, but sudden movements and brandishing his weapon would count. But the burden of proof is on the prosecution. They have to present evidence that Zimmerman instigated the violence, and so far all they have is that he followed Martin and “confronted” him, which could mean anything.
They have what they thinkis evidence of a depraved mindset in his obsession with stopping crime and in possibly profiling Martin. Such is necessary for 2nd degree murder, but not sufficient. You can kill someone in self-defense with a depraved mindset, when they threatened your life. A rabid racist can kill a black man who attacked him out of the blue, even if he also took great racist pleasure in it. You have to have started the fight to lose the right of self-defense. And to be convicted for having started it, the state needs evidence to prove you did.
Thank you for that excellent, well-reasoned reply.
All the State needs to "prove their case" is an all-black jury....
Excellent analysis. The state needs anything to prove Zim acted violently or threateningly. If there were a smidgin of evidence Zim used a “fighting word,” we would have heard about it by now by the inflamed Justice Bros et al. I don’t know what they could come up with for actual evidence Zim instigated.
Asking someone what they are doing here, even in a rough tone of voice, is not reason to attack. Unless you are a thug. If Trayvon was a polite person he’d be alive today. “just going to my dad’s house, sir. It’s right down that way.”. He would not have been shot.
What is important to note, is that F.S. 776.041(2)(b) presumes that the “provocation” includes “physical contact.” However, based on the evidence that is public thus far, there is no evidence that Zimmerman initiated “physical contact.” What is more, there is no precedent in Florida law indicating that conduct short of “physical contact” provides justification for the use of force, or amounts to “provocation.”