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View Diary: Dream Defenders, Day 16: When "soft on crime" kills (49 comments)

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  •  From the link in my comment above (6+ / 0-)
    Florida’s law even prohibits law enforcement agencies from arresting a person who used deadly force in self-defense unless the agency determines that probable cause exists that the force used was unlawful. In certain circumstances, the law actually creates a presumption that a shooter had a reasonable fear of imminent death or great bodily harm when using deadly force.
    To my understanding, the law means that unless there are witnesses OR there is something obviously amiss with the shooter, (e.g. the shooter reeks of alcohol), the police can't arrest the shooter at the scene of the shooting, they can't collect blood/urine/hair samples for drug testing, etc.

    And as we saw with Trayvon, evidence collection can be skipped with impunity. In the GZ/TM case the shooter claims that the victim used his bare hands to beat him within an inch of death, but the criminal investigation didn't bother to bag the dead kid's hands. In any dispute involving an allegation of fisticuffs wouldn't the dead kid's hands be primary evidence that the shooter was justified?

    But Trayvon's hands weren't bagged, so their value as evidence degraded ad. It was raining. The prosecution couldn't make much of the lack of DNA because a key piece of the victim's evidence simply was not preserved.

    "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

    by LilithGardener on Wed Jul 31, 2013 at 07:40:15 PM PDT

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