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In reply to the discussion: Wow! It sounds like the JUDGE, not the jury, may have freed Zimmerman. [View all]PoliticAverse
(26,366 posts)179. That clause is misleading taken out of context...
The law indicates that even if you were the initial aggressor you are justified in using force if you believe you are in imminent danger of great bodily harm and can't escape...
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.041.html
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.
History.s. 13, ch. 74-383; s. 1190, ch. 97-102.
(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.
History.s. 13, ch. 74-383; s. 1190, ch. 97-102.
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Wow! It sounds like the JUDGE, not the jury, may have freed Zimmerman. [View all]
Kablooie
Jul 2013
OP
Is anyone here surprised by this response? Dunn's not getting justice? Wow!
Anansi1171
Jul 2013
#177
Yup, that's why now that we have confirmation that OJ killed Nicole, he can't be retried
tavalon
Jul 2013
#174
The only way a mistrial can be declared is if there is found to be jury misconduct...
Spazito
Jul 2013
#47
Yes, the instructions required the jury to be mind readers to come up with a "guilty" verdict
Warpy
Jul 2013
#170
So sad to hear about your loss.... People need to stop fighting with each other and start
midnight
Jul 2013
#197
Florida seems to have a low conviction rate compared to other large states.
JDPriestly
Jul 2013
#199
There was a time when Duers did not find it necessary to insult fellow posters.
TheProgressive
Jul 2013
#65
Exactly - and since this trial can't be rendered invalid by that, there will be no mistrial. n/t
whopis01
Jul 2013
#133
The state bar can sanction her. But you are right. It is seldom done. n/t
totodeinhere
Jul 2013
#121
And the problem here is that if our justice system fails us, "Street justice" will happen more...
cascadiance
Jul 2013
#41
I disagree and I'll tell you why. 60 years ago there never would have been a trail.
Lochloosa
Jul 2013
#105
There is probably a very, very slim chance that the DoJ will file civil rights charges.
premium
Jul 2013
#160
No. George Zimmerman’s uncle is a Deputy Sheriff in Orange County, California
GreenStormCloud
Jul 2013
#21
****BINGO**** The judge ROYALLY SCREWED UP!! Not only that but they weren't allowed to even
uponit7771
Jul 2013
#19
Yes, in essence, it is. If it is not in the jury instructions on what to consider...
Spazito
Jul 2013
#60
This is news? We've been discussing that all along, with the relevant statute.
X_Digger
Jul 2013
#25
FAIL. Muggers don't ever get a free pass on killing their victims, no matter how hard they fight bac
kestrel91316
Jul 2013
#98
Not to open up a can of SYG worms here, but it seems like the language about withdrawl in 2b...
JVS
Jul 2013
#78
The fact that you can call it stalking doesn't mean the judge can ignore the fact
onenote
Jul 2013
#134
If someone is behaving in a menacing manner you have a right to defend yourself.
reusrename
Jul 2013
#157
Zimmerman, by his own admission, also negelected to tell Martin he was neighborhood watch
SirRevolutionary
Jul 2013
#164
How is it not realistic? It is not unheard of a person trying to get the weapon out somebodies hand.
kidgie
Jul 2013
#181
I would not go that far. It is not reasonable to expect the jury to understand the complicated
totodeinhere
Jul 2013
#122
No. The buck stops with the jury. It's time we took responsibility for our criminal legislators shit
valerief
Jul 2013
#172
Prosecution and Defense spent a full day arguing over the jury instructions.
Ruby the Liberal
Jul 2013
#35
the so-called stand your ground statute Florida 776.013(3) was read word-for-word to the jury
rollin74
Jul 2013
#74
That would be for the Jury to decide. The fact it was decided by the judge doesn't seem appropriate.
Kablooie
Jul 2013
#69
It would be for the jury to decide only if the prosecution had made an attempt to show it.
onenote
Jul 2013
#141
Much like many DUers will always be convinced he was ethically right to shoot an unarmed man,
LanternWaste
Jul 2013
#93
This is what I've been trying to tell people. It was the judge who commanded that
Liberal_Stalwart71
Jul 2013
#54
I don't think you explained very well. The prosecution seemed to be arguing
Liberal_Stalwart71
Jul 2013
#158
If that is what the prosecution was arguing then they deserved to lose the motion
onenote
Jul 2013
#168
Maybe they did deserved to lose, but Zimmerman deserves to be behind bars.
Liberal_Stalwart71
Jul 2013
#171
The DOJ might be able to bring civil rights violation charges or a hate crime charge.
totodeinhere
Jul 2013
#125
The law does not allow the appeal of a not guilty verdict. That verdict is final
totodeinhere
Jul 2013
#140
After reading that link, I recall that exact moment when the Judge said that
Duer 157099
Jul 2013
#64
Interesting, but if what she's referring to is section 776.041 of defense law, then she is making..
JVS
Jul 2013
#70
Who is right: Burke's article, the blog she links to, or the FL website where the law is written?
JVS
Jul 2013
#101
You have not correctly described the standard for what it would take for Zimmerman to have been
onenote
Jul 2013
#150
Does anyone think that the fact that Zimmerman's dad was a judge has anything to do with this?
Matariki
Jul 2013
#92
Is anyone else disturbed by the number of DUers who claim to know enough about this case
onenote
Jul 2013
#153
I'm disturbed by the lack of awareness of how racism makes injustice like this possible
Matariki
Jul 2013
#190
It varies, but this one is in an elected position. Her term is up 2019. Long wait. n/t
whopis01
Jul 2013
#142
YES! and doing a GREAT job. syg WAS... WAS involved in the Jury instructions!!
uponit7771
Jul 2013
#137
When the judge allowed a minimal amount of weed in Trayvon's system to be introduced in
indepat
Jul 2013
#215
Its just the law... The Prosecution can't claim that Zimmerman's legal actions were provocation
Taitertots
Jul 2013
#216
HERE IS THE ACTION STEP - IMPEACH the JUDGE for violating the Code of Judicial Conduct
Tigress DEM
Jul 2013
#234