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View Diary: Jeralyn Merrit's report on Zimmerman discovery docs (158 comments)

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  •  Great analysis as always... (11+ / 0-)

    It seems though that the end result of this logic is that what I will call the 'hunting of humans' would be legal:

    Step 1. Identify your prey
    Step 2. Track and follow your prey
    Step 3. Provoke your prey
    Step 4. When your prey reacts, shoot dead and claim self defense
    Step 5. Walk free, profit, and repeat

    What is the legal point between step 4 and 5 that would result in anyone actually going to jail? Our jails are full so there must be something going on but it seems that if you follow the right steps then premeditation in this order is reasonable.

    "I know the meaning of life. It doesn't help me a bit."

    by dss on Fri May 18, 2012 at 08:02:42 AM PDT

    [ Parent ]

    •  If you provoke your prey (5+ / 0-)

      You can't use lethal force in self-defense without exhausting all reasonable methods of escape.

      And if you commit a forcible felony as that provocation, no self-defense right at all.

    •  Well, define "provoke" (3+ / 0-)
      Recommended by:
      johnny wurster, VClib, Neuroptimalian

      I think you make a big assumption in step 3.

      (1) Following, or asking what you are doing there, does not constitute provoking a physical assault in response, at least as far as the law is concerned.  You do not have the right to hit someone because they follow you and ask what you are doing there.  You have the right to tell them to go away, to tell them it's none of their business.  But you don't have the right to hit them.  

      (2) Pulling out a gun and pointing it at you, or throwing the first punch, can constitute provoking a physical assault in response.  You have the right to physical force in response to that.  

      There's no evidence -- as far as I have seen -- as to whether it was version (1) or (2).  Dale Gilbreath, who swore out the probable cause affidavit, testified at the hearing the State has no evidence as to who started the fight, or whether Zimmerman was or was not walking back to his car as he claimed.  

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