Why isn't this murder?

[Lorizael]

If the "Stand Your Ground" law prevents a prosecution here, then the law as written is ripe for abuse. It essentially makes it legal to take someone into a back alley, shoot them to death, and then call the police afterwards to report your act of self defense.

[kentonio]

It was pointed out repeatedly that it was ripe for abuse before it was originally brought in.

[rah]

You can already to that if you can make the evidence look like you were attacked.

[Lorizael]

You can already to that if you can make the evidence look like you were attacked.

I can't think of a particularly good reason to make it easier for people to murder other people.

[Al B. Sure!]

I can't think of a particularly good reason to make it easier for people to murder other people.

You're also making it easier for people to not get murdered and defend themselves.

[Lorizael]

I don't have the energy to debate the merits of gun control laws, so I'll simply and say no more on that subject.

[Sava]

Calling the police means looking for a fight? How does calling the cops mean you're looking for a fight? NOT calling the cops and taking the law in your own hands, maybe, but how does calling the cops look like that?

They're trying to portray him as imbalanced and say something is wrong with 'snitching'.

uhm, if anything, MSNBC was implying Zimmerman was paranoid... calling the cops for everything that looked suspicious to him

[KrazyHorse]

Without a witness it's going to come down to his version of what started the altercation and how that would play for a judge and jury. The law might explain why there may never be a prosecution.

The law seems to be on a rather fine point with no real bearing on this case.

A duty to retreat if possible is not the question here. I have no doubt that in almost all unwitnessed shootings which come close to self defense the defendant can make a reasonable claim that retreat was not an option. The question here is whether the vigilante initiated the physical confrontation (by laying his hands on the kid or by drawing his weapon or otherwise placing the kid in fear for his safety) or the kid initiated the physical confrontation.

The only case where I can see a duty to retreat being raised is if there was detailed eyewitness testimony or videotape showing, e.g. the vigilante getting shoved by the kid and still refusing to walk away (which would make it self defense under the new law, but not under the old).

[a.kitman]

I dont get it. How can a bloody nose and a wet back be enuff to prove you where in fear for your life. Its just insane. Loseing a fist fight you ****ing started doesnt give you the right to draw a gun. Is there no such thing as overreacting in US law?

[Aeson]

Maybe he is diabetic and the kid started assaulting him with the skittles?

[Dr Strangelove]

If the "Stand Your Ground" law prevents a prosecution here, then the law as written is ripe for abuse. It essentially makes it legal to take someone into a back alley, shoot them to death, and then call the police afterwards to report your act of self defense.

Since passage the number of "justifiable homicides" in Florida has tripled.

All you have to say is that you were afraid for your life, the concept of reasonable was deliberately left out.

[-Jrabbit]

Stand Your Ground Law: another reason to never move to Florida.

[loinburger]

You're also making it easier for people to not get murdered and defend themselves.

Granted that if you provide an easy way for somebody to commit murder in the guise of justifiable homicide then the murder rate is bound to go down.

[BlackCat]

Granted that if you provide an easy way for somebody to commit murder in the guise of justifiable homicide then the murder rate is bound to go down.

He put his hand in his pocket and I felt I was in danger so I defended myself and shot him

In the current case, some innocent guy is quietly walking home. Some vigilante nutcase think that he's a potential criminal. Not wearing any kind of proof of legal authority, the innocent of course tries to either flee or defend himself. The vigilante is of course guilty of at least manslaughter. If he approached the innocent because of his color, it's plain murder.

[Felch]

Granted that if you provide an easy way for somebody to commit murder in the guise of justifiable homicide then the murder rate is bound to go down.

Murder is a crime. If it isn't criminal then it isn't murder. That's why abortion isn't murder.