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To: Joe Brower

Joe, Joe, Joe. You misunderstand the “legal standpoint”.

SYG simply says that IF you are lawfully in a place and are attacked that you may meet force with force and if faced with imminent death or great bodily injury you may use deadly force.

If it is established that you acted validly in self defense then you are IMMUNE from prosecution AND civil liability. It is not just an affirmative defense it provides for immunity. Very rare in law.

A motion to dismiss, PRIOR TO TRIAL, is critical as it allows you a “free shot” (no pun intended, of course ;-) to dismiss all charges and obtain IMMUNITY from any civil damages lawsuits - wrongful death, civil assault, etc.

With SYG, at such a hearing you need only establish by a preponderance of the evidence (50% +1) that, using the reasonable man standard, you were in fear of imminent death or severe bodily injury, for you or another, to act with deadly force.

The judge acts as both trier of fact (normally the province of the jury) and of law.

If the judge finds self-defense all charges are dismissed and the neither perp nor his family can sue without having to pay all costs just for bringing suit.

Even at trial, if a motion to dismiss fails, the law is in effect I believe.

No cases that I know of but aside from the prosecution needing to prove guilt beyond a reasonable doubt, one could argue that as a matter of self defense, the reasonable man/preponderance of evidence burden of proof may be applicable allowing a dismissal at that level of proof before a jury.

Even then the prosecution alternatively has to prove beyond a reasonable doubt the elements of 2nd degree murder.

The last three paragraphs are speculation the rest is not. Trust me! Been there, done that. SYG applies here. ;-)


40 posted on 04/25/2012 3:18:15 PM PDT by Tunehead54 (Nothing funny here ;-)
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To: Tunehead54

The 32% opposed to “stand your ground” are those preying on the majority and the bleeding hearts hiding in their secure enclaves. Those on the front lines who live with the fear of home invasions and street muggings are all in favour of the right to stand your ground and defend yourself and your family.


42 posted on 04/25/2012 3:27:08 PM PDT by littleharbour
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To: Tunehead54
Thanks for the info, although, not being a lawyer, I must confess to being unable to fully wrap my brain around all the "nuances" of how SYG is interpreted.

From what you describe, though, it seems pretty obvious at this point that Zimmerman will likely be aquitted or, if the trial proceeds, he will be found not guilty.

Then let the riots begin, and all this sophist guile will be going right out the window.

52 posted on 04/26/2012 4:43:06 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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