Florida's "Stand Your Ground" Law, is it seriously flawed?

Discussion in 'Politics' started by Papageorgio, Mar 26, 2012.

  1. Papageorgio
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    Papageorgio The Ultimate Winner

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    Here is a link to the entire law:
    Statutes & Constitution :View Statutes : Online Sunshine

    Here is the section that could allow Zimmerman to walk free and why no arrest has been made.

    It's section 3 of the law.

    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.

    To me this looks like a huge loophole in the law.
     
  2. The Rabbi
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    The Rabbi Diamond Member

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    There is no loophole. That is common law standard.
     
  3. Mr. Shaman
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    Mr. Shaman Senior Member

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    Yeah....and, how can anyone possibly dispute....

    ....o' such "laws"??!!!


    [​IMG]
     
  4. tjvh
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    tjvh Senior Member

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    Bottom line IS... If you don't want to get shot and killed by a Gun, don't commit crimes against people who have Guns.
     
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  5. Disturbed9
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    Disturbed9 BANNED

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    Tjvh.
    Leftist political opportunity.
     
  6. peach174
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    peach174 Gold Member Gold Supporting Member Supporting Member

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    Do you ever wonder why some are saying that the stand your ground law doesn't apply to Zimmerman?

    Because the stand your ground law is for a dwelling,residence or vehicle.

    You are singling out a part of the law that still applies to a dwelling, residence or vehicle.

    None of that applies to Zimmerman's case.
     
  7. tjvh
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    tjvh Senior Member

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    Yeah, I've been thinking about this whole Zimmerman thing, and how "some" people want to toss aside our Judicial system in favor of the "Mob Rule" mentality, by Politicizing it. They want to argue Laws already "on the books" that PROTECT our citizens from thuggery, just to crucify George Zimmerman... Who IS going to walk under the Laws that ARE written. You have the usual suspects (Sharpton, etc.) with their manufactured "outrage" ranting about RACE, while completely IGNORING Black on Black crime as a whole... Which panders to those who are IGNORANT of how the Law works in "this" case. The ONLY conclusion I can make is that "they" (the usual suspects) are setting up our Nation for another "Rodney King style" after-party, with brand new Big Screen TV's as the this years "theme". SHAMEFUL.
     
  8. bucs90
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    bucs90 Gold Member

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    It's not a loophole. In fact, it is almost word-for-word the exact same framework that every single police officer in America works under when incidents of Use of Force come up, as set by Supreme Court rulings like Graham vs Connor and Tennessee vs Gardner.

    If a cop is.....

    - Legally in a place
    - Observes a threat to himself or another

    He can use a level of force that is reasonable (Graham v Connor) to protect himself or another. In cases of a threat that could reasonably be interpreted to cause death OR great bodily harm, the cop is justified in even using deadly force. In fact, Tenn vs Gardner stated a cop can shoot a fleeing felon (in the back even) IF....the facts would reasonably determing that the fleeing felon, if allowed to escape, would cause an immediate threat to human life.


    So, the FLA law isn't flawed. It simply allows a citizen the same level of self-defense a cop has.

    So, imagine this: A cop is laying on the ground, a suspect is on top of him. THe suspect is smashing the cops upper body, hitting him, causing the back of his head to bounce off the concrete.

    Is the cop in danger of "serious bodily injury or death"? Yes. Without question. Hundreds of assaults have resulted in death when someone hits the back of their head on pavement.

    Is the cop jusified in using a high level of force, even deadly force, to meet that threat which is causing a risk of serious bodily injury or death to him? Yes. He is.

    So was Zimmerman.

    Like it or not, Zimmeran will be found not guilty.

    From this case, we will take the lesson of: Do not attack another human being. Even if he insults you. Even if he racially profiles you. Even if he offends your pride and ego and insults everything that you hold dear. It still doesn't give you a license to assault him. If you do, he can defend himself.
     
  9. buckeye45_73
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    buckeye45_73 Lakhota's my *****

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    I guess I dont understand why democrats and liberals dont want people fighting back?

    And why they love criminals so much?

    Are criminals one of the democrat parties interest groups?
     
  10. BreezeWood
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    BreezeWood VIP Member Supporting Member

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    the Florida criteria for assault "was" not the (perpetrator) but who caused the most bodily injury .... rather than no duty to retreat this odd interpretation made for the most effective way of preventing violent crime as those that employed it would be the ones held accountable.
     

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