??? If Zimmerman shot Martin in self defense, Zimmerman can be charged with manslaughter, basically under any circumstances. Are you disputing this?
What I understand the evidence suggest so far is Zimmerman shot Martin in self defense. I read Zimmerman is being charged with 2nd degree "murder" which will not fly based on the accounts I have seen.
Yes, the statutes seem to say that is not correct, absent some evidence that it was not self defense, or the the person did not reasonably believe such force was necessary to prevent imminent death or great bodily harm.
From the 2011 Florida Statutes
776.012 Use of force in defense of person.
A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the others imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony;
...
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
776.032 Immunity from criminal prosecution and civil action for justifiable use of force. (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties
So I ask again, what evidence?
Laws vary from state to state, which is why I went to Florida statutes, rather than New Hampshire or Texas. Although I know that Texas’ laws are similar.
Laws vary from state to state, which is why I went to Florida statutes, rather than New Hampshire or Texas. Although I know that Texas’ laws are similar.