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Response to ctaylors6 (Reply #29)

Tue Jul 16, 2013, 06:37 PM

32. Nicely put. But SYG deals only with the duty to flee, which did not arise.


It does matter whether a law "applies" if someone wants to pin the outcome of a case on it. The thesis being laid down is that SYG changed the case in some way, when in fact it did not. No one thinks that, and the people slinging it around are being careless about facts and law both.

If Zimmerman's narrative had been that he was standing up with Martin, had a gun when Martin did not, but felt that he was still in imminent danger if he didn't either shoot or flee, AND chose to stand and fight, that would be SYG. Under the old law, that's an obvious case where you can walk away, and therefore MUST.

But the narrative the prosecution helpfully provided, relieving Zim of any duty to testify, was that he was physically trapped an unable to move at the moment he decided to "defend." Therefore, the change in the duty to flee was no an issue, and it was not an SYG case.



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LineLineReply Nicely put. But SYG deals only with the duty to flee, which did not arise.
DirkGently Jul 2013 #32
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