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View Diary: Zimmerman Jury Selection Begins (118 comments)

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  •  Punched first is not a deadly force situation (4+ / 0-)
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    Tonedevil, Dopetron, True North, ladybug53

    Unless you're being attacked by a heavyweight boxer or someone you know to be a martial artist, or there's some other reason to believe you're in danger of grave bodily harm (being disabled, for example), getting punched is not grounds for inflicting a gunshot wound.

    Freedom isn't free. Patriots pay taxes.

    by Dogs are fuzzy on Tue Jun 11, 2013 at 10:48:21 AM PDT

    [ Parent ]

    •  According to whom? (1+ / 0-)
      Recommended by:
      misslegalbeagle

      Exactly what is and isn't grounds for inflicting a gunshot wound in Florida is not up for you and me--or the jury--to decide from scratch. Grounds for inflicting a gunshot wound are defined by the Florida law of self-defense, which is likely spelled out in a statute, and in umpteen cases that have already been decided by the Florida Supreme Court or Florida Court of Appeals, clarifying what the statute means.

      I have not read the Florida self-defense statute, or the Florida Supreme Court cases interpreting it. Have you?

      Moreover, there have been some reports in the media that Zimmerman claims Trayvon was pounding Zimmerman's head into the ground. If that's what the jury believes, then the jury will likely acquit. It's hard to imagine any statute or court decision that would find lack of self-defense in that situation.

      Yes, I know there are various evidentiary reasons why the prosecution could argue that's not what happened, or that it was Z's threats that got the situation to that point. There is no point in us arguing here about whose evidence is strongest. The jury will probably be presented with evidence supporting more than one possible fact pattern; the jury will decide which of the possible facts actually happened. Or more precisely, whether the facts constituting guilt have been proven beyond a reasonable doubt.

      Which gets us back to...there's no eyewitness on the early stages of the confrontation, other than Zimmerman.

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Tue Jun 11, 2013 at 11:04:36 AM PDT

      [ Parent ]

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