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The Range
Law & Order
Stand Your Ground law coming under scrutiny due to the Zimmerman/Florida incident
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<blockquote data-quote="Michael Brown" data-source="post: 1777146" data-attributes="member: 18"><p>The position you are outlining is what those against this law want you to believe but it is NOT so.</p><p></p><p>The SYG law in Florida is STILL an affirmative defense. The defendant is agreeing that he committed the offense, in this case homicide, but that it was justified. The Florida law simply prevents the prosecution from utilizing one traditional attack on self defense and that is the perceived duty to retreat.</p><p></p><p>Now, there are very few SYG homicides in Florida because unjustifiable homicides are hardly ever admitted. The defendant almost universally argues "It wasn't me" and almost universally does not report the use of force. </p><p></p><p>THAT is the critical difference between the actual affirmative application of SYG and the traditional protection of the 5th Amendment. A judge does NOT have to accept a claim of self defense if the defendant has not asserted it from the beginning. The Florida law is written strongly to reward those who accept responsibility for their actions. So Zimmerman can not simply stand silent and compel the prosecution to prove he did not act in self defense. To prove self defense you must be affirmative.</p><p></p><p>The arguments you are posing simply do not exist. If your argument was valid, would Zimmerman's lawyer have allowed him to talk to the police post shooting? To speak at the bond hearing? Of course not.</p><p></p><p>However his lawyers understand, like most experts, that SYG does not mean you can sit silent and force the prosecution to prove you guilty; you have already admitted you committed the act.</p><p></p><p>Do you have any experience in trial law? Law enforcement?</p><p></p><p>I ask not to attempt to embarrass you but because it sounds as if you don't have real examples to support your positions, but rather are simply repeating what you have heard in the press and I find that to be a less than credible source in criminal law.</p><p></p><p>The one informed idea I have read in your previous post is the idea that reasonable doubt is on Zimmerman's side. I agree with this whole-heartedly.</p><p></p><p>However this is because Zimmerman used AN AFFIRMATIVE DEFENSE. He did NOT stand silent. The affirmative defense raised the reasonable doubt, not the prosecution. This is the issue I don't believe you understand about the actual application of the SYG law whether it be in Florida, Oklahoma or anywhere that doesn't compel you to retreat before using force in self defense.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1777146, member: 18"] The position you are outlining is what those against this law want you to believe but it is NOT so. The SYG law in Florida is STILL an affirmative defense. The defendant is agreeing that he committed the offense, in this case homicide, but that it was justified. The Florida law simply prevents the prosecution from utilizing one traditional attack on self defense and that is the perceived duty to retreat. Now, there are very few SYG homicides in Florida because unjustifiable homicides are hardly ever admitted. The defendant almost universally argues "It wasn't me" and almost universally does not report the use of force. THAT is the critical difference between the actual affirmative application of SYG and the traditional protection of the 5th Amendment. A judge does NOT have to accept a claim of self defense if the defendant has not asserted it from the beginning. The Florida law is written strongly to reward those who accept responsibility for their actions. So Zimmerman can not simply stand silent and compel the prosecution to prove he did not act in self defense. To prove self defense you must be affirmative. The arguments you are posing simply do not exist. If your argument was valid, would Zimmerman's lawyer have allowed him to talk to the police post shooting? To speak at the bond hearing? Of course not. However his lawyers understand, like most experts, that SYG does not mean you can sit silent and force the prosecution to prove you guilty; you have already admitted you committed the act. Do you have any experience in trial law? Law enforcement? I ask not to attempt to embarrass you but because it sounds as if you don't have real examples to support your positions, but rather are simply repeating what you have heard in the press and I find that to be a less than credible source in criminal law. The one informed idea I have read in your previous post is the idea that reasonable doubt is on Zimmerman's side. I agree with this whole-heartedly. However this is because Zimmerman used AN AFFIRMATIVE DEFENSE. He did NOT stand silent. The affirmative defense raised the reasonable doubt, not the prosecution. This is the issue I don't believe you understand about the actual application of the SYG law whether it be in Florida, Oklahoma or anywhere that doesn't compel you to retreat before using force in self defense. Michael Brown [/QUOTE]
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