[BITList] Zimmerman verdict

[x50type]

Hugh

Is there any such concept as proportionate force in the US? You ask in jest, I know.
In the United States, stand-your-ground law states that a person may justifiably use force in self-defense when there is reasonable belief of an unlawful threat, without an obligation to retreat first. The concept sometimes exists in statutory law and sometimes through common law precedents. One key distinction is whether the concept only applies to defending a home or vehicle, or whether it applies to all lawfully occupied locations. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justify the accused's conduct.

More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from other locations. "Stand Your Ground", "Line In The Sand" or "No Duty To Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. Under such laws, there is no duty to retreat from anywhere the defender may legally be.[1]



 Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly.

"Stand your ground" governs U.S. federal case law in which right of self-defense is asserted against a charge of criminal homicide. The Supreme Court of the United States ruled in Beard v. U.S. (158 U.S. 550 (1895)) that a man who was "on his premises" when he came under attack and "...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground."[2][3]



Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States (1921) (256 U.S. 335, 343 (16 May 1921)), a case that upheld the "no duty to retreat" maxim, that "detached reflection cannot be demanded in the presence of an uplifted knife".[4]



Zimmerman sought immunity claiming he was standing his ground and, for 4 weeks after the killing nothing happened – he got immunity. After much protest by the Martin side the State agreed to prosecute Zimmerman


Does the verdict mean that they think Zimmerman pulled the trigger of his loaded gun but didn't shoot the other chap?. No, there was never any dispute that Zimmerman shot and killed Treyvon Martin. The not guilty verdict meant that Zimmerman was not guilty of murder or man slaughter, which is what he was charged with. The jury agreed with the defense that Zimmerman’s life was in jeopardy and he shot and killed Martin in self defense – had no choice.
Or that he didn't shoot at all? No, there was never any dispute that Zimmerman shot and killed Trayvon Martin.
Or that he was in such fear of an unarmed youth that he lost all reason?Or that he didn't shoot at all.   The defense was that Zimmerman was in fear for his life and killed Martin in self defense – he had no choice, he claimed!.
If nobody else was there, and the other chap was unarmed, Zimmerman murdered him. Correct.
Colin
From: HUGH 
Sent: Monday, July 15, 2013 12:57 PM
To: BitList 
Subject: Re: [BITList] Zimmerman verdict

Colin,

I'm a bit confused (more than usual). Does the verdict mean that they think Zimmerman pulled the trigger of his loaded gun but didn't shoot the other chap? Or that he didn't shoot at all? Or that he was in such fear of an unarmed youth that he lost all reason?Or that he didn't shoot at all??  If nobody else was there, and the other chap was unarmed, Zimmerman murdered him? Is there any such concept as proportionate force in the US? 

Hugh.


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