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Response to LuckyTheDog (Reply #28)

Tue Jul 16, 2013, 07:49 PM

40. Regarding "duty to flee?" No. How do you think otherwise?


The change in the law encompassed in the instruction you are talking about is this:

Normally, outside of the home, a person has a duty to flee if they can safely do so, even if they are in fear, rather than using deadly force.

Ex) Someone walks up to you, threatens to kill you if you don't get back in your car. You choose not to get back in your car, and pull a gun instead, and you're in trouble, IF the facts suggest you could have safely gotten away.

SYG makes everywhere your "castle." Some gun advocates think they shouldn't have to back down from a threat, even if they could safely get away. They got their stupid law passed in 30 states or whatever it currently is. So,

Ex2) Person walks up, threatens to kill you; you could step back in your car, but hell no, you're strapped, so it's go time. Bang bang someone's dead. As long as the fear of imminent harm was reasonable, you don't have to address whether you could've just gotten out of there.

It's not going to happen that much, but there are some bad examples in Florida already. One I believe was a guy who shot his neighbor through a fence, claiming he thought the neighbor was armed. He wasn't. Could've walked away. Now it doesn't matter.

In this case, Zimmerman's narrative is that he only decided to use deadly force when he was "pinned to the ground" when he decided he was in danger. Pinned. To. The. Ground. Nothing changes based on whether he could flee, because according to him, his entire fear was based on the fact he couldn't move.

Tell me how you think the analysis changes if, while pinned, he had instead the standard duty to flee "if one can safely do so."

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LuckyTheDog Jul 2013 OP
SugarShack Jul 2013 #1
blm Jul 2013 #2
LuckyTheDog Jul 2013 #3
LuckyTheDog Jul 2013 #4
Historic NY Jul 2013 #6
LuckyTheDog Jul 2013 #8
Historic NY Jul 2013 #9
Tippy Jul 2013 #12
Igel Jul 2013 #15
Historic NY Jul 2013 #49
Pelican Jul 2013 #53
hrmjustin Jul 2013 #55
tanyev Jul 2013 #5
Historic NY Jul 2013 #7
davidn3600 Jul 2013 #34
tanyev Jul 2013 #52
DirkGently Jul 2013 #10
blm Jul 2013 #13
DirkGently Jul 2013 #14
blm Jul 2013 #47
LuckyTheDog Jul 2013 #17
DirkGently Jul 2013 #18
LuckyTheDog Jul 2013 #21
DirkGently Jul 2013 #24
LuckyTheDog Jul 2013 #27
DirkGently Jul 2013 #30
LuckyTheDog Jul 2013 #33
DirkGently Jul 2013 #46
Jim Lane Jul 2013 #50
X_Digger Jul 2013 #36
cthulu2016 Jul 2013 #11
LuckyTheDog Jul 2013 #16
cthulu2016 Jul 2013 #19
LuckyTheDog Jul 2013 #22
MattBaggins Jul 2013 #54
DirkGently Jul 2013 #20
COLGATE4 Jul 2013 #23
DirkGently Jul 2013 #25
COLGATE4 Jul 2013 #26
LuckyTheDog Jul 2013 #28
LineLineLineLineLineLineLineReply Regarding "duty to flee?" No. How do you think otherwise?
DirkGently Jul 2013 #40
ctaylors6 Jul 2013 #29
LuckyTheDog Jul 2013 #31
ctaylors6 Jul 2013 #39
X_Digger Jul 2013 #42
LuckyTheDog Jul 2013 #51
X_Digger Jul 2013 #56
DirkGently Jul 2013 #32
LuckyTheDog Jul 2013 #35
DirkGently Jul 2013 #43
anomiep Jul 2013 #44
Lurks Often Jul 2013 #45
LittleBlue Jul 2013 #37
Decoy of Fenris Jul 2013 #38
DirkGently Jul 2013 #41
BootinUp Jul 2013 #48
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