State v. George Zimmerman (Pre-Trial) > Self-Defense and Stand Your Ground

Criteria for Self Defense Decision

(1/4) > >>

RickyJim:
I'm starting this thread as a continuation of a discussion of the criteria for deciding Zimmerman's self defense claim at the SYG hearing and trial.  The original started on the thread: "Witnesses' testimony: Inconsistencies" in the Witness Discussion section of this forum.

The main goal is to figure out the simplest possible judge (at SYG hearing) and jury (at a subsequent trial) instructions for them to decide if Self Defense is applicable in the Zimmerman/Martin affair.

The first problem I have is understanding what 776.013 (3) adds to 776.012.  Is it completely redundant?


--- Quote ---776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

    (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
    (2) Under those circumstances permitted pursuant to s. 776.013.
--- End quote ---


--- Quote ---776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
--- End quote ---

Lousy1:

--- Quote from: RickyJim on July 31, 2012, 05:40:52 PM ---I'm starting this thread as a continuation of a discussion of the criteria for deciding Zimmerman's self defense claim at the SYG hearing and trial.  The original started on the thread: "Witnesses' testimony: Inconsistencies" in the Witness Discussion section of this forum.

The main goal is to figure out the simplest possible judge (at SYG hearing) and jury (at a subsequent trial) instructions for them to decide if Self Defense is applicable in the Zimmerman/Martin affair.

The first problem I have is understanding what 776.013 (3) adds to 776.012.  Is it completely redundant?

--- End quote ---

Your kidding right? This was explained just yesterday.

RickyJim:

--- Quote from: Lousy1 on July 31, 2012, 06:31:12 PM ---Your kidding right? This was explained just yesterday.

--- End quote ---

That is news to me.  Please give me a link to the post where it is explained what .013 (3) adds to .012.

TalkLeft:
AJ's post was removed at his request because he did not believe it to be complete.

Lousy1:

--- Quote ---776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:


--- End quote ---
Is not in play.

--- Quote ---776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

--- End quote ---
Is the relevant statue. Particularly

--- Quote ---776.013(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. <...>

--- End quote ---

Navigation

[0] Message Index

[#] Next page

Go to full version