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View Diary: Zimmerman waives Stand Your Ground hearing in Trayvon Martin case (201 comments)

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  •  It depends what happened. (4+ / 0-)

    and what you mean by "relentless stalking."  

    If you are walking along a sidewalk for three blocks, and I follow you at, say, 10 feet behind you, that does not, in and of itself, constitute  my "provoking" you to attack me.  That does not give you the right to "defend yourself" against me, because I'm only doing what I have a legal right to do -- walk on a public sidewalk -- and that, under the law, does not constitute a physical threat to you. Following someone on a public sidewalk is not "provoking" an assault under the law.  If you don't like my following you, you can go somewhere else, or go indoors to a public area, but you can't hit me because I am walking behind you.

    If, on the other hand, it can be proved that Zimmerman threw the first punch, or pulled out his gun first, then yes, Martin would then CLEARLY have been provoked, Martin CLEARLY would have had the right to defend himself, and Zimmerman's self defense claim would be rejected.  

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