- Aug 8, 2004
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WilliamB,
Thanks for that. I can bow to your greater familiarity of Florida law as my info relies primarily what I have read in news and gun forums. I was aware of the radio thief ruling and it would seem many were surprised at the application of this law in that case. And even in the article linked there seems to be a lot people disagreeing with both the Judge's ruling and her interpretation of this law. I do not think chasing after someone was envisioned when they passed this law. I could see based on that ruling however why a modification to the law could be warranted.
I think we agree Trayvon could have had grounds to stand against an approaching attacker/threat. The problem is nothing revealed yet supports that he was being attacked or threatened to the point of needing to defend himself (or his property).
I do not agree that just following someone and asking them what they are doing constitutes a threat or an attack. Neither do I agree that one needs any law to make such actions "authorized". However, as soon as one threatens in any way or maybe even just touches the person being followed it changes the situation completely. Unfortunately we do not know anything about that phase of this situation yet and may never know.
I do not think a Zimmerman defense would be that he was "legally" "chasing" Martin under "stand your ground", even under this Judges expanded view. According to Zimmerman's 911 calls he does not think Martin has committed a crime and certainly does not indicate Martin has taken anything that belongs to him. Zimmerman is "following" Martin and asking him his business there because he is suspicious of Martin.
This is why I do not see Zimmerman's activities up to that point as either protected by stand your ground (chasing under Judges expanded view) OR prohibited by law, at least up until it gets physical or something occurs just before (did he threaten???). And I would think it is because neither we or apparently the police know anything about how that fight started other than what Zimmerman has stated and seems supported by witnesses, it is unclear to me how Zimmerman could be arrested and charged.
While perhaps unclear on Florida law, not a lawyer and not an LEO, I would be surprised that any law required Zimmerman to lay there and take a beating regardless how they ended up on the ground fighting. I do know that in many states that IF, IF it could be proven he started the fight (and not just by following or asking what he was doing) he could potentially be charged with at LEAST manslaughter. In my state taunting to enable one to then shoot the victim in "defense" can get murder 1.
The laws in this regard are complex and sometimes with many caveats. As you have pointed out Judges can overturn cases and apply novel twists on the law that lawmakers had probably not taken into account.
Thanks for that. I can bow to your greater familiarity of Florida law as my info relies primarily what I have read in news and gun forums. I was aware of the radio thief ruling and it would seem many were surprised at the application of this law in that case. And even in the article linked there seems to be a lot people disagreeing with both the Judge's ruling and her interpretation of this law. I do not think chasing after someone was envisioned when they passed this law. I could see based on that ruling however why a modification to the law could be warranted.
I think we agree Trayvon could have had grounds to stand against an approaching attacker/threat. The problem is nothing revealed yet supports that he was being attacked or threatened to the point of needing to defend himself (or his property).
I do not agree that just following someone and asking them what they are doing constitutes a threat or an attack. Neither do I agree that one needs any law to make such actions "authorized". However, as soon as one threatens in any way or maybe even just touches the person being followed it changes the situation completely. Unfortunately we do not know anything about that phase of this situation yet and may never know.
I do not think a Zimmerman defense would be that he was "legally" "chasing" Martin under "stand your ground", even under this Judges expanded view. According to Zimmerman's 911 calls he does not think Martin has committed a crime and certainly does not indicate Martin has taken anything that belongs to him. Zimmerman is "following" Martin and asking him his business there because he is suspicious of Martin.
This is why I do not see Zimmerman's activities up to that point as either protected by stand your ground (chasing under Judges expanded view) OR prohibited by law, at least up until it gets physical or something occurs just before (did he threaten???). And I would think it is because neither we or apparently the police know anything about how that fight started other than what Zimmerman has stated and seems supported by witnesses, it is unclear to me how Zimmerman could be arrested and charged.
While perhaps unclear on Florida law, not a lawyer and not an LEO, I would be surprised that any law required Zimmerman to lay there and take a beating regardless how they ended up on the ground fighting. I do know that in many states that IF, IF it could be proven he started the fight (and not just by following or asking what he was doing) he could potentially be charged with at LEAST manslaughter. In my state taunting to enable one to then shoot the victim in "defense" can get murder 1.
The laws in this regard are complex and sometimes with many caveats. As you have pointed out Judges can overturn cases and apply novel twists on the law that lawmakers had probably not taken into account.
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