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TheWraith

(24,331 posts)
Mon Mar 26, 2012, 06:41 PM Mar 2012

Reminder: Florida self defense law does not extend to the aggressor in an incident.

Under Florida law--and every other self-defense law in the country--you can't initiate a confrontation with someone, say by chasing them down, and still claim self-defense.

That's why even if you believe Zimmerman's version of events to the last detail, he's still guilty of manslaughter.

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Hoyt

(54,770 posts)
1. Except prosecutors say he may walk, and you still have to get 12 jurors to convict him with all the
Mon Mar 26, 2012, 06:46 PM
Mar 2012

doubt about SYG and similar junk.

Besides, why only "manslaughter." He murdered that kid plain and simple. And since he put a gun in his pocket when he left home, it's premeditated as far as I'm concerned. Although, I'm sure the NRA attorneys will help Zimmerman get a reduced sentence in the unlikely event he is convicted. Hell, he might not even lose his right to buy and carry more guns -- something I'm sure the NRA and all gun carriers want to preserve.

Cirque du So-What

(25,939 posts)
3. I would rather see a manslaughter conviction
Mon Mar 26, 2012, 07:02 PM
Mar 2012

than allow Zimmerman to get acquitted on murder charges. Overreaching on the part of the prosecution was part of the reason why Casey Anthony walked IMO. The jurors were not willing to convict when she could have faced the death penalty.

DrDan

(20,411 posts)
8. lets not forget Casey Anthony was also found not guilty of
Mon Mar 26, 2012, 08:24 PM
Mar 2012

aggravated manslaughter and aggravated child abuse. First degree murder was not the only charge she escaped.

TheWraith

(24,331 posts)
9. There's no real "doubt" unless you're a racist Sanford police officer.
Mon Mar 26, 2012, 08:26 PM
Mar 2012

"Stand your ground" does NOT mean "Chase somebody down and get in a fight with him."

As far as manslaughter goes, you seem to miss my point: even if Zimmerman's story is 100% true, and it's fairly clear that he embellished, he would STILL in that situation be guilty of manslaughter for initiating the incident.

 

Rex

(65,616 posts)
2. Very good point.
Mon Mar 26, 2012, 06:49 PM
Mar 2012

He got out of his car and killed the kid with a gun, that was his intent. At the very least it is manslaughter.

 

GopperStopper2680

(397 posts)
4. Personally I would hope...
Mon Mar 26, 2012, 07:14 PM
Mar 2012

..that the fact that Zimmerman chased Martin down would make it premed. But I would take Manslaughter if that's what it came out to.

TheWraith

(24,331 posts)
6. Generally, the law requires more premeditation than that.
Mon Mar 26, 2012, 08:21 PM
Mar 2012

It's not impossible that the calls and the following would be interpreted as premeditation, therefore making it eligible for murder one. However, more likely I think that this would be considered and charged as murder two, i.e. murder without premeditation, since there's no evidence at this point that Zimmerman knew Martin or had provable intent prior to that night. Premeditation is a little nebulous when you don't have some kind of solid proof of planning.

 

Hoyt

(54,770 posts)
12. How about years of preparation, buying guns, practicing murder, etc. That ought to count.
Mon Mar 26, 2012, 09:43 PM
Mar 2012

Although you are probably right, that to me is still premeditated. It darn sure ain't spur of the moment, or fit of passion, or whatever. You spend decades practicing to shoot someone, and then you chase down an unarmed teenager and shoot them . . . . . . . .

 

Vattel

(9,289 posts)
7. The fact that he chased martin down doesn't mean the killing was premeditated.
Mon Mar 26, 2012, 08:23 PM
Mar 2012

He would have had to chase him down with the intent to kill.

 

Vattel

(9,289 posts)
10. Depends on what sort of confrontation one intitiates.
Mon Mar 26, 2012, 08:28 PM
Mar 2012

I don't know the details of this case, but merely following someone and then asking him abnoxious questions wouldn't negate the right to self-defense if the other person subsequently attacks you. Again, you seem to have read Zimmerman's testimony; I haven't. So maybe you can tell me who started the fight and why (according to Zimmerman and any witnesses).

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