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DanTex

(20,709 posts)
Tue Jul 16, 2013, 11:58 AM Jul 2013

Yes, Stand Your Ground absolutely played a role in the Zimmerman trial.

Just to clarify, because there seems to be some confusion, and SYG advocates are trying to pretend that this case had nothing to do with SYG.

One of the provisions of the Florida law allows defendants to seek a pre-trial hearing, during which a judge evaluates their self-defense claim. If they are found to have acted in self-defense, they are immune from prosecution and civil trials.

Zimmerman did not choose that option. So in that sense, and in that sense alone, Zimmerman did not "invoke" SYG.

However, the SYG law was explicitly included as part of the jury instructions (including the words "stand his ground&quot . The one juror who talked to CNN mentioned that SYG was discussed in the jury. She also used SYG as part of her explanation of how she voted:

COOPER: Because of the two options you had, second degree murder or manslaughter, you felt neither applied?

JUROR: Right. Because of the heat of the moment and the Stand Your Ground. He had a right to defend himself. If he felt threatened that his life was going to be taken away from him or he was going to have bodily harm, he had a right.

http://thinkprogress.org/justice/2013/07/15/2306631/zimmerman-juror-says-panel-considered-stand-your-ground-he-had-a-right-to-defend-himself/

Not only that, but we also know that Zimmerman had studied up on self-defense law, including Stand Your Ground, so when he was going around playing vigilante, he knew that he had that bit of extra legal wiggle room, which could easily have made him more likely to pursue and shoot Trayvon Martin, versus if he knew that he could only use lethal force as a last resort.

Of course, there's know way to know whether the outcome would be different without SYG. The jury isn't required to explain their rationale for the decision. So we obviously can't say for sure that SYG is the reason that TM was murdered and the reason that Z was found innocent. But we can say that the SYG law played a role in both events.


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markiv

(1,489 posts)
1. the incident suceeded in proving that SYG is foolish
Tue Jul 16, 2013, 12:01 PM
Jul 2013

yes, it's legal to play amature security guard

legal to play amature careless skydiver too

but nieither are guaranteed to be without risks

 

Hoyt

(54,770 posts)
3. +1 Our gun lovers -- who also love SYG laws -- kept saying it does not apply. But it did. In fact
Tue Jul 16, 2013, 12:12 PM
Jul 2013

L O'Donnell on his MSNBC show did a bit last night where he compared the judges instructions to the jury under the current Florida law (which includes SYG aspects) and the previous law.

Under the previous law, even the most entrenched racist gun lover could not have voted for anything but a conviction.

Under the current law, gutless bigoted jurors who didn't realize they have the power to do the right thing no matter how screwed up the law or jury instructions were, had little choice but to acquit.

SYG, the NRA, bigots, gun lovers/cultists/enthusiasts/humpers, right wing legislators and all who voted for them, etc., are responsible for this travesty of justice.

SYG played a very big part and the next time some bigot who loves guns says otherwise, tell them where to stick their imaginary JD and copy of The Turner Diaries and Tbagger manifesto.

aikoaiko

(34,183 posts)
4. upon reflection I think you are correct.
Tue Jul 16, 2013, 12:28 PM
Jul 2013

But like you, I'm not sure it would change the outcome of the trial.

uponit7771

(90,359 posts)
6. After hearing Hartman talk about the Jury instructions they had no choice on the Man slaughter....
Tue Jul 16, 2013, 12:32 PM
Jul 2013

...this is disgusting

Skwmom

(12,685 posts)
7. Juror B37 said she voted not guilty because of the heat of the moment and stand your ground. N/T
Tue Jul 16, 2013, 01:28 PM
Jul 2013

Also, I believe Zimmerman was found not guilty, not innocent.
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