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To: Cyber Liberty

I appreciate the response. I didn’t realize it was that messed up (the law). So if he is acquitted and it goes to trial, then the civil liability comes into play, whereas if he is not acquitted, then the SYG civil liability protection provision covers him... Is that about right?


74 posted on 07/14/2012 6:15:36 AM PDT by jurroppi1
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To: jurroppi1
So if he is acquitted and it goes to trial, then the civil liability comes into play, whereas if he is not acquitted, then the SYG civil liability protection provision covers him... Is that about right?

I think you are still confused. The self-defense hearing is called a Dennis Hearing (often referred to as a Stand Your Ground Hearing).

GZ would not be acquitted in a Dennis Hearing. If the judge believes that it is more likely than not that GZ acted in self-defense, he would dismiss the charges; and no trial would be held; and GZ would not be subject to civil liability.

If, on the other hand, GZ does not prevail in the Dennis hearing, he would go to trial, but could still assert self-defense at trial. Unfortunately, if the jury does believe him and acquits, he would still be liable to be sued in civil court.

MOM may or may not decide to go for the Dennis Hearing. There are pros and cons to that decision.

77 posted on 07/14/2012 7:23:53 AM PDT by Aunt Polgara
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