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In reply to the discussion: Ann Coulter States SYG Laws Have Nothing To Do With Zimmerman Situation [View all]Straw Man
(6,624 posts)47. I'm not sure the law sees it that way.
In pursuing Martin, Zimmerman lost any claim to self-defense.
Not irrevocably. The law makes allowances for the dynamics of the situation.
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 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 law recognizes a situation in which the initial aggressor may not have employed deadly force at first but may have been met with deadly force. For example, someone may throw a punch in a bar and then be confronted by a knife: disparity of force, etc. My reading of the above is that there is a duty to retreat if one was the initial aggressor.
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Ann Coulter States SYG Laws Have Nothing To Do With Zimmerman Situation [View all]
fightthegoodfightnow
Apr 2012
OP
How do you know, for a fact, he's using SYG as a defense? Are you inside his
shadowrider
Apr 2012
#17
He's using "self-defense" and so far it has worked. Further, most folks like Zimmerman only
Hoyt
Apr 2012
#27
And other criminals *attempt* to use the fourth, fifth, or first amendment as their defense.
X_Digger
Apr 2012
#76
'connection with the matter at hand' - if absent, we'd be in the same place -- no connection. n/t
X_Digger
Apr 2012
#94
Yes, if there were a law that allowed you to shoot others while wearing a dress.
OrwellwasRight
Apr 2012
#101
See post 52. Read the statute. Read the responding officer's statement.
AtheistCrusader
Apr 2012
#53
If Zimmerman was the aggressor, the instigator, then he cannot claim self-defense, period, unless...
krispos42
Apr 2012
#41
And I'm a 6'2" bodybuilder/former Navy SEAL who stole three bars of gold from Osama's hideout...
krispos42
Apr 2012
#51
Without witnesses under the old law it would be hard to prove that Zimmerman acted incorrectly ...
spin
Apr 2012
#59
I am not sure what coulter has to do with anything? If it is 1pm and she says it is, and I agree,
The Straight Story
Apr 2012
#62
The right-wing just loves to inject the SYG into the debate because it deflects away from Zimmerman
GreydeeThos
Apr 2012
#64