The "Stand Your Ground Law" (2005 - HB 0249) is so barbaric that it actually CREATED a Sections (plural) for the Law That:
1) Section 776.032 (2): Dissuades and discourages police from arresting a person who claims: "self-defense" under the "Stand Your Ground Law" where there are no direct eye-witnesses, and
2) Section 776.032 (3): Prohibits family of victim from suing the killer in Civil Court for "Wrongful Death."
Remember, Stand Your Ground Law says that no matter where you are, you can kill someone if you merely THINK they are going to cause you or someone "great bodily harm."
Florida "Stand Your Ground Law" Statute 776.012
"A person who is not engaged in an UNLawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”
Meaning, a Court of law is NO LONGER the venue to determine guilty or not guilty when it comes to being shot in cold-blood. The venue now is the Police Department because the police are discouraged from making an arrest and from charging a person, who has just killed someone in cold-blood, with any crime.
Therefore,
IF: it is determined by the police or DA that Zimmerman "was not engaged in UNLawful Activity" when he was following Trayvon Martin and;
IF: the police or DA think Zimmerman killed Trayvon Martin in "self-defense" via "Stand Your Ground Law"
THEN: Trayvon's parents are PROHIBITED by Stand Your Ground Law from suing Zimmerman in Civil Court for "Wrongful Death."
Bottom Line:
Any Justice at all for the death of Trayvon Martin and his family hinges on ONE QUESTION:
1) Was Zimmerman "engaged in UNLawful Activity" or "Lawful Activity" when he followed Trayvon Martin.
HOW ABOUT THAT!!!
Due to Jeb Bush signing Marco Rubio's 2005 Stand Your Ground Law into law, "the People" can longer rely on law enforcement to arrest a Predator who kills a loved one ESPECIALLY if that loved one tried to fight off the Predator ...
AND ... "the People" no longer sue the Predator for "wrongful death" and this is truly screwed up.
Rubio's Stand Your Ground Law that Jeb Bush signed into law:
-- allows Predators to go around killing their prey without the risk of arrest the risk of arrest and without the risk of being sued for Wrongful Death.
-- allows paranoid people to go around hunting and killing people they "fear" without the risk of arrest and without the risk of being sued for Wrongful Death.
150 Section 4. Section 776.032, Florida Statutes, is created
151 to read:
152 776.032 Immunity from Criminal prosecution and Civil
153 action for justifiable use of force.--
154 (1) A person who uses force as permitted in s. 776.012, s.
155 776.013, or s. 776.031 is justified in using such force and is
156 immune from criminal prosecution and CIVIL ACTION for the use of
157 such force, unless the person against whom force was used is a
158 law enforcement officer, as defined in s. 943.10(14), who was
159 acting in the performance of his or her official duties and the
160 officer identified himself or herself in accordance with any
161 applicable law or the person using force knew or reasonably
162 should have known that the person was a law enforcement officer.
163 As used in this subsection, the term "criminal prosecution"
164 includes arresting, detaining in custody, and charging or
165 prosecuting the defendant.
Created sub-section
Prohibiting Arrest (causing cops to fear arresting murderers)
166 (2) A law enforcement agency may use standard procedures
167 for investigating the use of force as described in subsection
168 (1), but the agency may NOT arrest the person for using force
169 unless it determines that there is probable cause that the force
170 used was unlawful.
Created sub-section
Prohibiting Civil Trial-
Wrongful Death:
171 (3) The court shall award reasonable attorney's fees,
172 court costs, compensation for loss of income, and all expenses
173 incurred by the defendant in defense of any CIVIL ACTION brought
174 by a plaintiff if the court finds that the defendant is immune
175 from prosecution as provided in subsection (1).
The primary reason I wrote this Diary is because I keep hearing hosts of tv shows implying that at the very least, Trayvon's parents could sue George Zimmerman in Civil Court for "Wrongful Death" and they are WRONG.
I am hoping a tv host or two, read this Diary and gets the word out that not only does Rubio's Stand Your Ground law allow an armed predator to kill an unarmed teen without risking arrest if the armed predator claims "self-defense" but equally important is Stand Your Ground Law PROHIBITS victim's families from suing a killer in Civil Court for "Wrongful Death."