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Stand Your Ground law

A stand-your-ground law is a type self-defense law that gives individuals the right to use reasonable force to defend themselves without any requirement to evade or retreat from a dangerous situation

this thing has me so confused. isn't it a slippery slope? im going to reference the Zimmerman case because it's a perfect example. wasn't Trayvon also exercising the stand your ground law, by using force to defend himself against someone he thought was following him? is that why the defense didn't argue this law?

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tnm786

Asked by tnm786 at 9:04 PM on Jul. 19, 2013 in Politics & Current Events

Level 43 (159,608 Credits)
Answers (12)
  • Yes it would also apply to him.
    It is obviously stronger if you are in your own home or your own property but both would have been covered under the law.
    However if it could be proven that there was an intent to commit a crime (by either party) that person would not have that right.

    So if a person broke into my home, I would not have to try everything I could to leave my home before stopping the invader with what ever force I needed to protect myself, family and property. If the burgalary defended himself against me he would not be allowed to use that law to defend his attack on my person.
    It also means that if My husband and I are in the home and I hit the intruder with a baseball bat and knock him unconscious or otherwise disable him, I can not continue to kill him.
    In my opinion, unless it was proved that Martin was there to commit a crime, he would have still had the right to defend himself.
    Dardenella

    Answer by Dardenella at 9:31 PM on Jul. 19, 2013

  • The Zimmerman trial didn't use stand your ground because it didn't really apply in this case. They used self-defense. In FL it only applies to your house or vehicle, at least as far as I can tell from everything I have read on it. I agree with it though. I am not going to run away from my own house because some jackass wants my stuff.
    kmath

    Answer by kmath at 10:14 PM on Jul. 19, 2013

  • "The Zimmerman trial didn't use stand your ground because it didn't really apply in this case"Kmath
    The defense lawyer could have used the SYG defense, but using FL self defense law was better with regard to strategy. In my other post I said In Florida, a homicide case can be thrown out by a judge before trial because the defendant successfully invokes self-defense. The burden is on the prosecution to disprove the claim in order to bring charges, rather than do so in the trial. So that is when the civil right leaders and others threw a fit because Zimmerman was able to walk, and the special prosecutor Angela Corey was brought in, because the other prosecutor knew there was not enough proof for charging murder. And then Corey omitted evidence that would have exonerated Zimmerman. Plus using the self defense law would protect Zimmerman and give him immunity from civil lawsuit if found not guilty.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 11:48 PM on Jul. 19, 2013

  • No one wants to realize that Martin committed a hate crime because "gasp* God forbid a black person be racist! I do find it sad that Zimmerman was such a pussy that he got his ass beat by a 17 year old kid and had to shoot him.
    Anonymous

    Answer by Anonymous at 9:05 AM on Jul. 20, 2013

  • Stand your ground law was used in this case, because it was in the instructions that the jury read over and over. The stand your ground law doesn't only pertain to your home and car, it can be anywhere on any street. Who is behind this law? The NRA, you have to ask yourself why we have such a careless law in the first place.

    mommom2000

    Answer by mommom2000 at 9:28 AM on Jul. 20, 2013

  • "Stand your ground law was used in this case, because it was in the instructions that the jury read over and over. The stand your ground law doesn't only pertain to your home and car, it can be anywhere on any street. Who is behind this law? The NRA, you have to ask yourself why we have such a careless law in the first place....:"
    Ahhh and another case of people having their head up their ass, and listening to the media and thinking they speak the truth, the whole truth, and nothing but the truth. But the defense did not use SYG, but they did use the self defense strategy. In the pre-trial hearing, one of which was not covered by the media, is when the defense waived the right to use the SYG defense. But in fact she gave the jury instructions that said there is no duty to retreat. She said if Zimmerman "“was not engaged in an unlawful activity and was attacked in any place where he had a right to be,

    cont...
    Michigan-Mom74

    Answer by Michigan-Mom74 at 2:40 AM on Jul. 21, 2013

  • ..."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" The judge's instructions reflected the general common law standard for self-defense and the justified use of force. And common law does not impose a duty to retreat, and in fact, it preexisted the SYG law. But even without this law, this encounter would have likely unfolded in the same way and the outcome at trial would have likely been the same. So if even FL law still had the "duty to retreat law", Zimmerman could not have retreated anyway because Martin was on top of him. But if the special prosecutor Angela Corey did not over charge Zimmerman, he may have been guilty and charged with manslaughter, which is way simpler to prove beyond a reasonable doubt instead of 2nd degree murder.  


     

    Michigan-Mom74

    Answer by Michigan-Mom74 at 3:01 AM on Jul. 21, 2013

  • And for the state to prove 2nd degree murder, they had to prove he a "depraved mind" which means.. ."a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another......is done from ill will, hatred, spite or an evil intent....., is of such a nature that the act itself indicates an indifference to human life The state had to prove all of that, and as we all know, they did not.


    Here are the transcripts of the instructions given to the jury by the judge..


    http://www.flcourts18.org/PDF/Press_Releases/Zimmerman_Final_Jury_Instructions.pdf

    Michigan-Mom74

    Answer by Michigan-Mom74 at 3:20 AM on Jul. 21, 2013

  • "The stand your ground law doesn't only pertain to your home and car, it can be anywhere on any street. "
    All that SYG laws mean if a person is justified in using deadly force in certain situations, without having to retreat. The SYG law can be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justify the accused's conduct. It also governs U.S. federal case law in which right of self-defense is asserted against a charge of criminal homicide. The Supreme Court has ruled ..."that a man who was "on his premises when he came under attack and did not provoke the assault....

    cont..
    Michigan-Mom74

    Answer by Michigan-Mom74 at 3:57 AM on Jul. 21, 2013

  • ...and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.""
    " why we have such a careless law in the first place...."
    So lets say you are walking home, you cut through an alley so you can get home faster and see you kids before they go to bed. You see a person walking towards you and tells you to give him your purse, then he get its, but still stays there. Pulls out a knife and tells you to take off your clothes. And doing so you get your gun out and shoot him. Clear cut self defense, but the police still take you in.
    You will be initially charged with manslaughter, get your picture taken, you will be finger printed and all that fun stuff, until they find enough evidence to support your claim.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 4:28 AM on Jul. 21, 2013

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