General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYou be the judge. Here is some of the Florida law that applies to the use of self-defense.
Read this, and then try to determine, based on the facts you know, whether a jury could find facts that would support a defense of self-defense for Zimmerman. Note that self-defense is a justification, a defense to a charge of homicide, but not a Get Out Of Jail card.
Crimes
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; or
(2)?Under those circumstances permitted pursuant to s. 776.013.
History.s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.012.html
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
776.013?Home protection; use of deadly force; presumption of fear of death or great bodily harm.
(1)?A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a)?The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that persons will from the dwelling, residence, or occupied vehicle; and
(b)?The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2)?The presumption set forth in subsection (1) does not apply if:
(a)?The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b)?The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c)?The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d)?The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle 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 entering or attempting to enter was a law enforcement officer.
(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.
(4)?A person who unlawfully and by force enters or attempts to enter a persons dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5)?As used in this section, the term:
(a)?Dwelling means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b)?Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c)?Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
History.s. 1, ch. 2005-27.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html
776.08?Forcible felony.Forcible felony means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.08.html
776.07?Use of force to prevent escape.
(1)?A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.
(2)?A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
History.s. 13, ch. 74-383; s. 7, ch. 95-283; s. 1193, ch. 97-102.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.07.html
776.031?Use of force in defense of others.A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the others trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
History.s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.031.html
Title XLVI
CRIMES
Chapter 782
HOMICIDE
782.02?Justifiable use of deadly force.The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
History.ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.02.html
This material is copyrighted by the Florida Legislature. I presume that its publication is intended to permit open use by the public. After all, to whom do our laws belong ultimately -- to us.
X_Digger
(18,585 posts)[div class='excerpt']776.041 Use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
The highlighted sections are the ones that I think will get Zimmerman a concrete cell.
eta: woops, hit submit too soon.
The first section- if Zimmerman was chasing / threatening / trying to detain Martin, he can't use this defense.
Re the second- If Martin took a swing at Zimmerman, it doesn't matter because Zimmerman was the aggressor.
1StrongBlackMan
(31,849 posts)Has anyone else noticed ... that zimmerman's initial statement neglected to mention that he lost sight of Martin and was headed back to his car when Martin appeared out of no where and attacked him?
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
I guess having a lawyer daddy and not being seriously questioned for a couple of weeks really helps.
X_Digger
(18,585 posts)But it's pretty damned transparent.
JDPriestly
(57,936 posts)uponit7771
(90,364 posts)...attacked him after the first skirmish.
Ths SYG law is fuckin discuting