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View Diary: Stand Your Ground Law PROHIBITS Trayvon's Parents from Suing Zimmerman For Wrongful Death (206 comments)

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  •  Assault in FL (8+ / 0-)

    784.011 Assault.—
    (1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

    Did Zimmerman assault Martin when he followed Martin with a gun after Martin ran away?

    A reasonable person could conclude Zimmerman's pursuit of Martin with a gun created a well founded fear in Martin.

    Dawn is breaking everywhere Light a candle, curse the glare We will get by. We will survive.

    by MikeBoyScout on Tue Mar 27, 2012 at 09:01:10 AM PDT

    •  Looks like it to me (3+ / 0-)
      Recommended by:
      chipoliwog, greengemini, kyril

      What about harassment? Stalking and confronting a stranger on the street and questioning him seems like harassment.

      There is truth on all sides. The question is how much.

      by slothlax on Tue Mar 27, 2012 at 09:06:42 AM PDT

      [ Parent ]

    •  Following someone isn't assault (2+ / 0-)
      Recommended by:
      johnny wurster, MGross

      And then, according to Zimmerman's story, he had stopped following Trayvon.

      Zimmerman was the initial aggressor, but it appears, from Zimmerman's story, that Trayvon became the second aggressor.

      I doubt that any court would find that Zimmerman following Trayvon could be considered to have been an "act" that created a well-founded fear in Trayvon that violence was imminent. Now, Trayvon might have concluded that, but he also could have simply been pissed that Zimmerman was following him, treating him as though he was suspicious simply because he was black - and I don't blame him if he DID get pissed at that - and then he initiated a physical altercation with Zimmerman.

      Trayvon could have claimed that he felt threatened, and he could have claimed he was simply trying to defend himself, and under this law, he likely could have gotten away with that claim. But, based upon this law, almost anyone in a fight can use deadly force and claim that they were simply "standing their ground".

      •  Stalking is illegal & is an UNLawful Act (3+ / 0-)
        •  Following someone ONE TIME isn't illegal (0+ / 0-)

          It's not the criminal kind of stalking that happened here, and so no, what Zimmerman did is NOT illegal.

          •  FL Stalking Law- Following someone 1 Time is (1+ / 0-)
            Recommended by:
            Lost and Found
            Florida Stalking Statute 748.048
            (a) “Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose

            (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

            (c) “Credible threat” means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to,
            a person

            (2) Aggravated stalking: willful, malicious and repeated following or harassing another with credible threats with the intent to place person in reasonable fear of death or bodily injury;

            An armed man following a teenager ONE TIME is aggravated stalking and is "harrassing with credible threat to place the teen in reasonable fear of death -- DUH!
    •  It is amazing that anyone has to defend Martin ... (2+ / 0-)
      Recommended by:
      kyril, Broke And Unemployed

      he was the freaking victim!  How twisted are we that, it seems because Obama talked about the shooting, all of the Obama haters are attacking Trayvon Martin as the aggressor when he was nothing but the victim.

      Then they came for me - and by that time there was nobody left to speak up.

      by DefendOurConstitution on Tue Mar 27, 2012 at 11:28:06 AM PDT

      [ Parent ]

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