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Tx4obama

(36,974 posts)
Thu Apr 12, 2012, 01:26 AM Apr 2012

In March, Zimmerman's new attorney said "Stand Your Ground" is called "License to Murder" statute





Zimmerman’s new attorney Mark O’Mara conceded in an interview last month that some people have called Florida’s “stand your ground” law a “license to murder” statute “because it doesn’t require actions to avoid the confrontation.” O’Mara will likely be asserting that defense on behalf of Zimmerman in a court of law.

http://thinkprogress.org/justice/2012/04/11/462994/george-zimmerman-to-be-charged-with-second-degree-murder-is-now-in-custody/


12 replies = new reply since forum marked as read
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K8-EEE

(15,667 posts)
2. You just have to feel in your gut the truthiness that somebody has WMDs and then you can kill them
Thu Apr 12, 2012, 01:35 AM
Apr 2012

That's the Republican way! In Trayvon's case the WMD was himself (black! hoodie! scary!) What a ridiculous law!!

Ecumenist

(6,086 posts)
3. Oh, oh! This MIGHT be a problem if he is planning to attempt a defense using SYG to get
Thu Apr 12, 2012, 01:37 AM
Apr 2012

this murderer off.

jjewell

(618 posts)
4. Should also be known as the...
Thu Apr 12, 2012, 02:36 AM
Apr 2012

"if I instigate a confrontation with you, and then fear you're gonna kick my ass, I'm free to
kill you" law...

America is in a very sad state...

eyewall

(674 posts)
5. According to the guy who wrote the law
Thu Apr 12, 2012, 03:47 AM
Apr 2012

it doesn't cover you if you do anything to provoke the confrontation. Like following someone. He said the law doesn't cover Zimmerman.

vaberella

(24,634 posts)
7. And Prosecutors will be using him as a character witness.
Thu Apr 12, 2012, 05:01 AM
Apr 2012

However, I can see this being problematic if the 911 call is not considered admissible or if O'Mara is going to be countering the guys words with his own law.

freedom fighter jh

(1,782 posts)
9. Yes, I would think what the laws says is more important than what the guy who wrote it says.
Thu Apr 12, 2012, 07:10 AM
Apr 2012

Legislators vote on bills based on what the bill says. (Or at least they are supposed to.) If the author writes X and later says it means Y, that's meaningless -- the legislators voted on X and that's what became law.

Boabab

(120 posts)
8. Jeb Bush has said the same thing
Thu Apr 12, 2012, 06:02 AM
Apr 2012

and called for Zimmerman's arrest very early on. If that advise had been heeded, a lot of this current mess could have been avoided.

exboyfil

(17,863 posts)
10. Yes it does if you can't extract yourself from the situation (see below)
Thu Apr 12, 2012, 08:41 AM
Apr 2012

Zimmerman's two part argument -

1. That Zimmerman was not the initial aggressor -

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 other’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. Even if Zimmerman was found to be the aggressor he was not able to remove himself from the situation without using deadly force -

776.041?Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:

(1)?Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2)?Initially provokes the use of force against himself or herself, unless:
(a)?Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or (b)?In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Is following someone at night while carrying a gun considered an aggressive act? Who threatened who first?

I got beat up over at Free Republic trying to argue rationally and comparing this case to Trevor Dooley (who was charged with Manslaughter).

I think it will be a bit of a reach to get Murder II unless they can prove the screams are Trayvon's.

vaberella

(24,634 posts)
6. O'Mara looks like he doesn't really agree with the law but he can defend it.
Thu Apr 12, 2012, 04:59 AM
Apr 2012

So I can understand why Zimmerman decided to go with this guy as his defense. Further more I understand why this lawyer would take such a media-frenzied case. This would make a career even if he had a pretty good one before.

 

Hoyt

(54,770 posts)
11. I suspect most folks like Zimmerman never get past "with a gun, I can stand my ground."
Thu Apr 12, 2012, 09:35 AM
Apr 2012

The law is just more NRA, right wing BS enacted on behalf of people attracted to carrying guns.

For something that doesn't apply -- SYG sure seems to have impacted this case.

Bjorn Against

(12,041 posts)
12. Even in his press conference yesterday he suggested the law may need to change
Thu Apr 12, 2012, 11:24 AM
Apr 2012

He also said however that it is the law that is in place right now so he may use the law in Zimmerman's defense. This lawyer does not seem like a wingnut like the last two did. The last two lawyers tried really hard to rally Zimmerman's supporters by throwing them red meat and in doing so they said some things that were quickly shown to be false and now Zimmerman is stuck with a story that is completely implausible. This new lawyer seems to be taking the complete opposite tactic, he is not saying things that Zimmerman's supporters want to hear, instead he is talking to the people who want to see him convicted. He seems to realize that his job is not to make Zimmerman look like an angel but rather to provide a legal defense so he has no problem saying Stand Your Ground is a problematic law, but he will also argue that because it is the law its problems should be resolved in the legislature and not in Zimmerman's trial.

I think the old lawyers wanted a trial and were going to argue Zimmerman was completely innocent, and after seeing their incompetence in the media it is clear they would have lost. This lawyer seems to realize Zimmerman does not have the facts on his side and I think he is working for a plea bargain rather than a not guilty verdict. I suspect this lawyer's primary goal is to get the charge reduced to manslaughter, Zimmerman will still serve time but it will be less time than he would likely end up serving if he had retained his old lawyers.

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