[quote]Maiden3.16 wrote:
[quote]four60 wrote:
[quote]Maiden3.16 wrote:
[quote]four60 wrote:
[quote]Big_Boss wrote:
[quote]thethirdruffian wrote:
[quote]four60 wrote:
[quote]thirdruffian wrote:
If you look at the article, it says the Stand Your Ground law didn’t even apply, because dumbass Zimmerman was already on the ground and couldn’t retreat.[/quote]
? I thought that would work in Zimmermans defense?[/quote]
No, the “Stand Your Ground” law merely added you don’t have to run away, if you have the ability to do so.
Here, dumbass was on the ground, so he couldn’t run away.
It’s just plain-old “self-defense.”[/quote]
Nothing is really “plain” in this incident. There are “if these things hold true” it’s just plain-old self-defense. Even with Stand Your Ground law…wouldn’t there still be a need to determine the aggressor before establishing who is justified in their self-defense3??
With that…couldn’t this Stand Your Ground law have justified Martin in defending himself…and putting Zimmerman on the ground in the first place…??? Of course there is the confusing “speculation” that Martin followed Zimmerman back to the vehicle. But it’s just that…speculation. [/quote]
Well this is why it stings so much for the family. The Defense (Zimmerman) does not have to show much of anything because the burden of proof is on the Prosecution.[/quote]
Self Defense is an affirmative defense. The burden of proof is on the defense to prove it by a prponderance of the evidence. If they can’t, all the prosecution has to do is prove Zim shot trayvon beyond a reasonable doubt.
[/quote]
If this is true and he can’t use the Stand your Ground law and falls on Self Defense then he is in for a fight because its not even a question about the Shot.
So then the real question is Stand your Ground or Self Defense?[/quote]
There is not one without the other. You can’t “stand your ground” unless you are acting in self defense. The stand your ground law just says that you can use deadly force in self-defense, but it still has to be self defense which the defense has to prove.
Edit: and stand your ground says you don’t have to try to escape before defending yourself, but again, still has to be self-defense.
[/quote]
I didn’t even think it was still a question that Zimmerman and Martin got into it. I thought all that was being talked about was what got them to that point.
After the fight started I don’t find it hard to believe that Zimmerman felt he was in shit city and pulled his gun.