Anonymous wrote:
Anonymous wrote:certainly a tough situation and a tough set of facts. I'm not sure how much race really played a role in any of this.
My thoughts are:
1. I don't think the new Florida statute is relevant.
2. This is more old-fashioned self defense. So what is the law? If you chase someone down, and the chasee fights back and is beating you up, is it then self defense to use deadly force? on one hand the shooter was getting beat up and his life may have reasonably been threatened (maybe a stretch). but on the other hand the entire confrontation was started by the eventual shooter, so how is that self defense?
3. Again, I wish the kid was white so the race-baiters wouldn't be so obsessed.
2- The law does address agressors (or those who may provoke the use of force against themself)- SEE BELOW. From the testimony of the guy who gave eye witness to police, its no wonder Zimmerman is not in jail. He told the news agency that he saw Martin on top of Zimmerman and heard Zimmerman call out for help. So the only two direct witness info we know is that Zimmerman claims he was attacked as he was going back to his car, and that the eye witness saw Martin on top of Zimmerman.
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.