Duty to retreat v Stand your ground

[OODA_Loop]

Bull shit. You don't know anything about the law. I have a JD (Juris Doctorate) and passed the Bar. For reasons I have already made clear, the pushing by itself did not justify the use of deadly force.

In your mind you know everything. But not really. You really dont know what/who I am.

The Sheriff says the man was within his right. Watch it.

 

[sealybobo]

The pusher did enough to justify the guy being able to pull out his gun, right?

The pusher did enough to justify the guy shooting him in the eyes of law enforcement.

The pusher did enough to justify the guy being able to pull out his gun, right?

The pusher did enough to justify the guy shooting him in the eyes of law enforcement.

Bull shit. You don't know anything about the law. I have a JD (Juris Doctorate) and passed the Bar. For reasons I have already made clear, the pushing by itself did not justify the use of deadly force.

Since you missed it the first time around, I will explain it to you again (this time, quite playing with you schlong and try to concentrate.

In interpreting law, a basis tenet is that each word is significant. The Florida Statutes, Section 776.012(2) provide that deadly force is allowed when the one using such force “reasonably believes that using or threatening to use such force is necessary to PREVENT imminent death or great bodily harm to himself or herself or another [innocent third party]” (explanatory insert and highlights are my own). The key word is PREVENT. The use of deadly force is allowed to prevent death or serious bodily injury not to seek vengeance for a harmful act already committed. If a man knocks you to the ground and you shoot him while he is running away you are begging for some serious prison time.

The actual shoving incident does not give rise to a legitimate a claim of self defense. The defendant should be charged and convicted unless there is something more to the case than already known. For example, if after having shoved the defendant to the ground the victim had threatened to kill him, the psychical contact may have convinced the defendant the man's threats were serious and deadly force was necessary. However, I am convinced that the shoving incident stands alone and there were no other threats. The conduct displayed by the victim in the video is completely inconsistent with a man who threatened to continue a violent attack. Additionally, if such threats were made they would certainly have been included in the police report.

When I was born, even before I first pressed my lips to my others breasts, I knew as much about the law as you do, which is NOTHING.

Now you can have the last word. I am tired of wasting my time trying to share what I have learned while pursuing a doctorate in law and practicing law with a bunch of ignorant arrogant buttholes who for some mysterious reason think they know the law better than the experts.

After school this girl should murder this white kid for pushing her so violently


And this black man should have shot this white guy

SMH: White Man Pushes & Slaps A Black Man At A Tim Hortons In Buffalo NY, But The Police End Up Arresting The Black Man! | Video

 

[OODA_Loop]

After school this girl should murder this white kid for pushing her so violently


And this black man should have shot this white guy

SMH: White Man Pushes & Slaps A Black Man At A Tim Hortons In Buffalo NY, But The Police End Up Arresting The Black Man! | Video

Wasn't an attack leaving her in fear of her life and another attack needing to defend.

No Stand Your Ground in New York.

 

[C_Clayton_Jones]

That the shooter is a reprehensible scum bag is a fact settled, accepted, and beyond dispute - a fact that is legally irrelevant.

 

[sealybobo]

And maybe she should have shot these trump supporters? Watch Donald Trump supporters pushing and shoving young black woman

 

[sealybobo]

After school this girl should murder this white kid for pushing her so violently


And this black man should have shot this white guy

SMH: White Man Pushes & Slaps A Black Man At A Tim Hortons In Buffalo NY, But The Police End Up Arresting The Black Man! | Video

Wasn't an attack leaving her in fear of her life and another attack needing to defend.

No Stand Your Ground in New York.

Well luckily it's ok in NY if your lawyer is secretly taping your very confidential conversation.

 

[sealybobo]

After school this girl should murder this white kid for pushing her so violently


And this black man should have shot this white guy

SMH: White Man Pushes & Slaps A Black Man At A Tim Hortons In Buffalo NY, But The Police End Up Arresting The Black Man! | Video

Wasn't an attack leaving her in fear of her life and another attack needing to defend.

HuH? Say that part again.

 

[OODA_Loop]

HuH? Say that part again.

It wasn't a projection of force or an attack rendering her in fear of further attack which would require defensive action.

 

[sealybobo]

HuH? Say that part again.

It wasn't a projection of force or an attack rendering her in fear of further attack which would require defensive action.

Exactly! That's why the guy shouldn't have shot the black guy.

 

[OODA_Loop]

Exactly! That's why the guy shouldn't have shot the black guy.

i was referring to your video of the girl getting pushed off a desk at school.

 

[Wry Catcher]

The pusher did enough to justify the guy being able to pull out his gun, right?

The pusher did enough to justify the guy shooting him in the eyes of law enforcement.

Bull shit ^^^. Are you a member or the LE Community? Of course not, you wouldn't have posted such a stupid comment if you were.

 

[OODA_Loop]

Bull shit ^^^. Are you a member or the LE Community? Of course not, you wouldn't have posted such a stupid comment if you were.

It was what the Sheriff said.

 

[Wry Catcher]

Bull shit ^^^. Are you a member or the LE Community? Of course not, you wouldn't have posted such a stupid comment if you were.

It was what the Sheriff said.

That's his opinion. It was an example of Zimmerman Syndrome, and I hope the dirt bag gets the needle.

 

[OODA_Loop]

Bull shit ^^^. Are you a member or the LE Community? Of course not, you wouldn't have posted such a stupid comment if you were.

It was what the Sheriff said.

That's his opinion. It was an example of Zimmerman Syndrome, and I hope the dirt bag gets the needle.

No its the law. Its is very similar to Zimmerman in that both lawfully defended against hands on attacks and fear of great bodily injury.

 

[2aguy]

I just did a little research because of something [MENTION=38085]Noomi[/MENTION] said in another thread. It seems that not only is she completely wrong about how stand your ground laws work here, she is totally ignorant about the fact that Australia has the same basic understanding of the right to self defense as Florida.

That got me to thinking, how many other countries have stand your ground laws? It turns out that most of them do.

Jurors in the George Zimmerman murder trial discussed Florida’s “stand your ground” law before reaching a not guilty verdict on Saturday, according to juror B37. The controversial law eliminates the obligation to retreat before using deadly force in self-defense, even if it would be safe to do so. Do other countries require their citizens to retreat before using deadly force?

Many do not. English common law imposes a duty to retreat whenever it is safe. In continental Europe, the duty applies only when the defender provokes the attack, or when the attacker doesn’t understand the situation. (Europeans must retreat from young children with guns, for example.) Nor is there a general duty to retreat in countries like Japan and Argentina, which derive their criminal-law systems from Europe. Even England, originator of the duty to retreat, repealed the doctrine in 1967 by statute. Defenders of the European system argue that imposing a duty to retreat may prevent the attack on the victim’s life, but it permits an attack on his legal rights—the right to be in a public place, the right to move freely, etc. By passing the “stand your ground” law, Florida brought its laws closer to those of Europe. Otherwise, the U.S. is in the minority in having, within some states, an explicit duty to retreat.

Is stand your ground unique to the United States? - Slate Magazine

Stand Your Ground was not a part of the Zimmerman Trial. That is one of the mistakes that people make when they talk about Florida and it's self defense laws.

 

[2aguy]

Thank you for taking the time to start this thread, [MENTION=23420]Quantum Windbag[/MENTION]

Your link says that 'English common law imposes a duty to retreat whenever it is safe.' - does this apply to America? If so, Zimmerman had plenty of chance to retreat - simply by not following Trayvon, and staying inside his car, where he would have been safe.

Whether Australia has such laws or not, I don't know - I have never heard of SYG being used in a case in which someone has died, and if the killer was the one who started the confrontation, I can tell you right now that they would be raked over the coals at trial and a jury may well find it hard to return a not guilty verdict, even if the defendant was defending themselves at the time.

That isn't how Stand Your Ground and Duty to Retreat Works...as lawyers who are experts in self defense pointed out at the time, since martin was on top of Zimmerman, he had no ability to retreat, therefore there was no Stand Your Ground issue in the encounter.

 

[2aguy]

Thank you for taking the time to start this thread, @Quantum Windbag

Your link says that 'English common law imposes a duty to retreat whenever it is safe.' - does this apply to America? If so, Zimmerman had plenty of chance to retreat - simply by not following Trayvon, and staying inside his car, where he would have been safe.

Whether Australia has such laws or not, I don't know - I have never heard of SYG being used in a case in which someone has died, and if the killer was the one who started the confrontation, I can tell you right now that they would be raked over the coals at trial and a jury may well find it hard to return a not guilty verdict, even if the defendant was defending themselves at the time.

How did Zimmerman have a chance to retreat after Martin had him on the ground?

I already posted in the other thread to show you that Australia has no duty to retreat as long as the person using the deadly force reasonably believed he was in danger. Why would anyone be raked over the coals for defending themselves from a rapist, even if the attack started because the woman slapped the guys face? You really aren't thinking things through, you should try dropping the emotions and consider exactly what it is you are advocating.

He should have retreated when he had the chance - and not followed the boy.

Over here, if you follow someone, whether you think they look suspicious or not is beside the point. You will be questioned as to why you didn't just back off and call triple 0.

You did not follow the trial..... Zimmerman followed martin, lost him and then complied with the 911 operator when she suggested he didn't need to follow martin...it was martin who broke the law and attacked zimmerman.

 

[westwall]

Remember, in the Zimmerman case law enforcement let him go but the DA decided to prosecute. The sheriff does not have the final say in this matter.

And the DA got handed their ass for the same grounds/reasons the Police didn't want to press charges. The DA wanted to press charges for political reasons and got hammered.

There was no video in the zimmermann case. That makes a world of difference.

 

[PredFan]

Thank you for taking the time to start this thread, [MENTION=23420]Quantum Windbag[/MENTION]

Your link says that 'English common law imposes a duty to retreat whenever it is safe.' - does this apply to America? If so, Zimmerman had plenty of chance to retreat - simply by not following Trayvon, and staying inside his car, where he would have been safe.

Whether Australia has such laws or not, I don't know - I have never heard of SYG being used in a case in which someone has died, and if the killer was the one who started the confrontation, I can tell you right now that they would be raked over the coals at trial and a jury may well find it hard to return a not guilty verdict, even if the defendant was defending themselves at the time.

Pssst! Hey moron, come here....closer.... Zimmerman's case was self-defense, not SYG.

 

[OODA_Loop]

Tactically Zimmerman was an idiot.

The evidence showed he was lawful.