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July 15, 2013

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Galen Gentry

This is a very biased posting for a site that is written by people who are either lawyers or purport to know something of the law. You imply Zimmerman's defense in the criminal trial did used the "stand your ground laws" as a defense. They did not. The lawyers argued Zimmerman acted in self-defense. And the jurors did not find beyond a reasonable doubt that Zimmerman acted with the requisite intent. Many, many respected legal minds feel the prosecution overreached. "Although the facts are tragic, I don't think they should have brought this as a murder case," said Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles."We have elected prosecutors in this country, and this case was brought because of a political outcry," said Harvard Law School professor Alan Dershowitz. "This case should never have been brought."

Joe Consumer

Actually, Florida's stand your ground law is now Florida's self-defense law. The jury was specifically instructed on it. They had no choice but to follow it. It was, indeed, a major part of the defense.

Galen Gentry

Joe Consumer is wrong. Zimmerman's team waived the stand your ground defense. The elements of self-defense in FLA are Give if applicable. § 782.02, Fla. Stat.
The use of deadly force is justifiable only if the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm to [himself] [herself] while resisting:

1. another’s attempt to murder [him] [her], or

2. any attempt to commit (applicable felony) upon [him] [her], ...

This is distinguishable from stand your ground.

Joe Consumer

Sorry but I am not wrong. Zimmerman just waived his right to an immunity hearing, which could have thrown out the prosecution altogether if he'd won it. That didn't change the law. The jury was instructed on the Stand Your Ground law, and now even says they specifically used it to acquit Zimmerman. http://thinkprogress.org/justice/2013/07/15/2306631/zimmerman-juror-says-panel-considered-stand-your-ground-he-had-a-right-to-defend-himself/

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