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Old 03-23-2012, 02:06 PM   #37
RedskinRat
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Re: Trayvon Martin Case

Quote:
Originally Posted by dmek25 View Post
redskinrat its this law
Sanford police have claimed that they could not charge Zimmerman with shooting and killing the child because Zimmerman claimed self-defense under Florida’s Stand Your Ground law.
Out on the street before you can use deadly force, most jurisdictions require that you first try to retreat. See if you can get away safely before you take out the gun and blow somebody away. But Florida’s law is different. Florida has a law, along with 17 states, that says you can stand your ground. Which means you don’t have that obligation to try to run first. So, in Florida, as long as you have a reasonable belief that your life and safety is in danger, you can use force to defend yourself, even deadly force. And now that’s the situation they’re suggesting.
§ 776.013(4), Fla. Stat.
A person who unlawfully and by force enters or attempts to enter another’s [dwelling] [residence] [occupied vehicle] is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
Definitions. Give if applicable. § 776.013(5), Fla. Stat.
As used with regard to self defense:

“Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent or mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Prior threats. Give if applicable.
If you find that the defendant who because of threats or prior difficulties with (victim) had reasonable grounds to believe that [he] [she] was in danger of death or great bodily harm at the hands of (victim), then the defendant had the right to arm [himself] [herself]. However, the defendant cannot justify the use of deadly force, if after arming [himself] [herself] [he] [she] renewed [his] [her] difficulty with (victim) when [he] [she] could have avoided the difficulty, although as previously explained if the defendant was not engaged in an unlawful activity and was attacked in any place where [he] [she] had a right to be, [he] [she] had no duty to retreat.

Reputation of victim. Give if applicable.
If you find that (victim) had a reputation of being a violent and dangerous person and that [his] [her] reputation was known to the defendant, you may consider this fact in determining whether the actions of the defendant were those of a reasonable person in dealing with an individual of that reputation.

Physical abilities. Read in all cases.
In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of the defendant and (victim).
Read in all cases.
If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty.

However, if from the evidence you are convinced that the defendant was not justified in the use of deadly force, you should find [him] [her] guilty if all the elements of the charge have been proved.

That's from the link I posted at 03-23-2012 07:29 AM

Based on that transcript I find it hard to believe that the cops just wandered off.




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