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Yes, “Stand Your Ground” Law Played A Role In Trayvon Martin’s Killing And Aftermath

Posted by Phoenix Woman on July 15, 2013

Media Matters has the details:

In fact, Florida’s self-defense laws set the framework by which Zimmerman was tried, setting the standard by which the jury would have to determine if Martin’s death resulted from the justifiable use of force. Indeed, the jury instructions in the case specifically mention that “If George Zimmerman was not engaged in an unlawful activity and was attacked in anyplace where he had a right to be, he had no duty to retreat and had the right to stand his ground” and use deadly force. 

From the instructions

In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.

If George Zimmerman was not engaged in an unlawful activity and was attacked in anyplace where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony.

Former State Sen. Dan Gelber, who was a leading opponent of Stand Your Ground’s enactment, noted on his blog that those instructions differed widely from the instruction that would have been read to a jury before that law took effect. At that time, jury instructions would have stated:

“The defendant cannot justify the use of force likely to cause death or great bodily harm unless he used every reasonable means within his power and consistent with his own safety to avoid the danger before resorting to that force.

The fact that the defendant was wrongfully attacked cannot justify his use of force likely to cause death or great bodily harm if by retreating he could have avoided the need to use that force.”

Florida’s Stand Your Ground law also had ramifications on the case before the trial began and will continue now that it has concluded.

By the way, the SYG laws also will likely keep Trayvon’s family from getting justice even in a civil court:

Attorneys for Mr. Martin’s family said they are considering filing a civil lawsuit against Mr. Zimmerman, though they haven’t made a decision. “We’re still trying to make sense of the verdict in the criminal case,” said Benjamin Crump, a lawyer for the family. “We’ll be talking about our options going forward in the coming days.”

Such a case would face high hurdles, legal observers say. Mr. Zimmerman can seek immunity from civil lawsuits under Florida’s so-called Stand Your Ground law–something his attorney said he planned to do. “In effect, there will be no civil suits,” said Tamara Lave, a University of Miami law professor. “If there is a civil suit filed, it will be dismissed, and future ones will be barred.”

But of course that’s exactly why ALEC and their NRA pals pushed these SYG laws.

One Response to “Yes, “Stand Your Ground” Law Played A Role In Trayvon Martin’s Killing And Aftermath”

  1. lwk2431 said

    “The fact that the defendant was wrongfully attacked cannot justify his use of force likely to cause death or great bodily harm if by retreating he could have avoided the need to use that force.”

    Right. Martin is on top of Zimmerman, beating his head on the concrete, then beating down on him MMA (Mixed Martial Arts) style. That makes retreating a little hard to do. At that Zimmerman had two choices. He could let Martin beat him senseless and hope he doesn’t kill him, or defend himself.

    So at that point “retreating” was not an option.

    Also you might notice that the judge did not allow the jury to hear evidence that Martine was seriously invoved MMA and was fighting regularly (based on entries found in his phone).

    lwk
    free2beinamerica2.wordpress.com

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