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To: evangmlw
-- I'm speaking of a possible Civil Trial, and saying, if Zimmerman is aquitted in the current trial, the exemption from a civil trial MAY POSSIBLY come forth from an eventual "stand your ground" claim. --

I can tell from your post that the press confusion about "stand-your-ground" has spread.

You can define "stand your ground" however you like, the press does. I was trying to be very careful in my phrasing so as to distinguish between immunity, the justified use of deadly force, and the absence of a duty to retreat. Those are three different notions that can play amongst themselves.

Zimmerman will not get immunity via a criminal acquittal. He can get immunity in a separate hearing before a judge. In order to get immunity, the finding has to be that it is more likely than not that the use of deadly force was justified. When a jury acquits, the standard of proof is that the state did not disprove, beyond a reasonable doubt, the use of deadly force was justified. A smidgen of justification is enough to get an acquittal, but it takes "more likely than not" to get immunity.

I'm not sure if you understand my answer, but I have answered your question.

120 posted on 07/04/2013 11:59:06 AM PDT by Cboldt
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To: Cboldt; evangmlw
FWIW here's the Florida Statute regarding a civil suit for justifiable use of force:

The 2012 Florida Statutes

Title XLVI

CRIMES

Chapter 776

JUSTIFIABLE USE OF FORCE

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 and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

132 posted on 07/04/2013 2:37:59 PM PDT by Jed Eckert (Wolverines!!)
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