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Competition, Tactics & Training
Self Defense & Handgun Carry
Ahmaud Arbery
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<blockquote data-quote="gerhard1" data-source="post: 3367693" data-attributes="member: 5391"><p>I'm not certain about Georgia, but Florida does not permit the deceased's past criminal record to be raised by the defense as justification <strong><em>unless it was known to the defendant at the time the homicide happened</em></strong>. </p><p></p><p>In other words, if I am attacked by a stranger and it looks to me as if I'll be beaten to death, I can use deadly force to protect myself. If I find out later that the guy was a martial arts expert or a boxer or professional body-builder, I can't use this to defend my use of deadly force, because I did not know it at the time. Likewise, if the McMichaels did not know of any criminal record (if any) of Arbery, they might not be able to use it to justify their detention and subsequent killing of the man.</p><p></p><p>This assumes, of course, that Georgia law and that of Florida are similar in this regard.</p><p></p><p>In the Zimmerman case, the defense tried to introduce Martin's criminal past but the judge quite properly did not allow it, as Zimmerman only found out about it after the encounter.</p></blockquote><p></p>
[QUOTE="gerhard1, post: 3367693, member: 5391"] I'm not certain about Georgia, but Florida does not permit the deceased's past criminal record to be raised by the defense as justification [B][I]unless it was known to the defendant at the time the homicide happened[/I][/B]. In other words, if I am attacked by a stranger and it looks to me as if I'll be beaten to death, I can use deadly force to protect myself. If I find out later that the guy was a martial arts expert or a boxer or professional body-builder, I can't use this to defend my use of deadly force, because I did not know it at the time. Likewise, if the McMichaels did not know of any criminal record (if any) of Arbery, they might not be able to use it to justify their detention and subsequent killing of the man. This assumes, of course, that Georgia law and that of Florida are similar in this regard. In the Zimmerman case, the defense tried to introduce Martin's criminal past but the judge quite properly did not allow it, as Zimmerman only found out about it after the encounter. [/QUOTE]
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