A medical report by George Zimmerman's family doctor, taken a day after the February 26 shooting, shows Zimmerman was diagnosed with a fractured nose, two black eyes and two lacerations on the back of his head.
He’s going to need to prove the use of deadly force was justified. A fractured nose, black eyes and some scrapes on the back of his head do not connote his life was in danger. “
When would the use of deadly force by a private citizen against another human be considered judicious, sensible, prudent, cautious, careful, justified, or well thought out? How can a private citizen be authorized to kill another human under his or her own summary judgment? The very simple answer is that deadly force is recognized as a last resort for when you need to use it to save your life. Here we are referring to the "doctrine of competing harms" and the "doctrine of necessity." Put very simply, you are allowed to break the law (in this instance: kill), in the rare circumstances where following the law (i.e. not killing) would cause more injury to you or other innocent humans than would breaking it. In reality, the answer is not so simple. Any time you
even draw your gun, you are walking on thin ice. If you are going to keep or carry a gun for self-defense, in addition to being well trained in marksmanship and tactics, you should be well educated about the circumstances under which the use of deadly force is warranted legally and morally, so that you can be judicious. If you own or carry a gun, you must be judicious.
Judicious Use Of Deadly Force
Black eyes, a fractured (NOT BROKEN) nose, and a couple of scrapes on the back of his head do not indicate a "last resort" situation where he needed to use deadly force. The videos of him right after the incident show he was hardly injured at all. His injuries were what anyone might get in a school yard fist fight, which was the only kind of fighting Trayvon was familair with.
Statutes & Constitution :View Statutes : Online Sunshine
Florida Statutes
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 otherÂ’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.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
I think Zimmerman is going to have a very hard time proving he had good reason to believe he was in imminent danger of losing his life. He was in what amounted to a school yard fight, with a school kid. There was no great bodily harm. There was no suggestion of imminent death.
In fact, it is Martin who was justified in using force, for he was the one who would feel he was in imminent danger by some unknown person who was following him and chasing after him. He ran and Zimmerman ran after him: we hear that and he admits to that on the 911 tape.
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 otherÂ’s imminent use of unlawful force
The shoe is completely on the other foot. It was Trayvon who would be in fear of being attacked, Trayvon who would be justified protecting himself if he believed, and he certainly had a right to, that someone was chasing him to do him harm. That is certainly what I would believe if I were out walking alone at night and someone was following me and began to run after me when I started to run away.
Also, Zimmerman knew the police were on the way. He knew his life was not in danger because the cops were going to be there any minute. He was in what amounted to a school yard fist fight with the cops on the way: deadly force was not justified.