View Single Post
Old July 7, 2013, 04:38 PM   #62
ligonierbill
Senior Member
 
Join Date: May 20, 2007
Posts: 2,437
Well, I'll agree that the prosecution failed to prove 2nd degree murder. Zimmerman didn't go looking to shoot the kid. But I don't see him getting off (unless no other option is given to the jury). Every state is different, and I'm certainly no lawyer, but in the Ohio CCW training, there is a specific caution that getting the worst of a fist fight does not justify lethal force. In Pennsylvania, their version of "Stand Your Ground" requires that a weapon be shown. It appears to be a higher standard than the "Castle Doctrine" which says, if I understand it correctly, that someone trying to force their way into your home or car is all the justification needed. And, of course, you cannot initiate the confrontation. The discussion over who initiated the confrontation has been focusing on one or the other, but we all know it's not always that clear. Most often, "it takes two to tango". In a way, Zimmerman did initiate by following Martin in a way that appears to have been viewed as threatening by Martin. But what happened then is unclear. There were no bushes for Martin to jump out of, but he may well have attacked his pursuer. Or not. If I were a juror, I would tend to discount Zimmerman's statements simply on the basis that they're self-serving and the other guy isn't there to present his side. I'd certainly discount both parties backgrounds. And who was screaming? Really, how could you tell? I think the jurors are going to see Zimmerman as the initiator (he was). They are not going to care who jumped whom (they got into a fight). And they are going to see one guy with minor injuries and the other dead. For me, however it shakes out, the lesson is that I really need to focus on my own behavior when I'm carrying a gun. Be extra polite. A clear attack with weapons or a group, that's pretty certain. But if you're one-on-one, no weapons involved, how do you really know yourself whether you're really in fear for your life, or just really, really PO'd?
ligonierbill is offline  
 
Page generated in 0.02240 seconds with 8 queries