Gold_Certificate;6088727 said:There's nothing in the law that says only one person involved in an altercation can be acting in self-defense.7figz;6088658 said:Gold_Certificate;6088622 said:Nothing here that says "he or she can not--through any means--initiate the events leading to the eventual use of deadly force":7figz;6088596 said:Gold_Certificate;6088578 said:Not under Florida law.7figz;6088568 said:Gold_Certificate;6088557 said:Nah, you can't go with the general definition, Zimmerman was tried under Florida law and the jury could only choose what was included in the jury instructions.7figz;6088503 said:Batman.;6088463 said:On what evidence would you find him guilty of murder 2?
First degree murder is any murder that is willful and premeditated. Felony murder is typically first degree.
I'd say it was willful based on the fact that he stalked him with a gun, assaulted him, and shot him death, so it could've been first degree as well.
Second degree murder is a murder that is not premeditated or planned in advance
Giving him the benefit of the doubt that it wasn't premeditated, it would still meet that definition of 2nd degree.
The above bolded definitions were from Wikipedia. This case even looks like it could meet the involuntary manslaughter definition.
This required them to first, completely rule out his claim of self-defense; then they could decide whether it was second degree murder or manslaughter. Florida does not have a specific "involuntary manslaughter" statute, so that was not included.
Gold_Certificate;6070808 said:I don't think Florida has a specific "involuntary manslaughter" statute, but self-defense works against all of the applicable "manslaughter" statutes here.
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082,s. 775.083, or s. 775.084.
History.—RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74.
Ruling out self-defense would've been obvious considering Zimmerman initiated everything.
Feel free to quote this law that will somehow change the common sense definition of self-defense.776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
There's even a statute that allows for the use of deadly force by the aggressor, but the defense decided to remove it from the jury instructions:776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
History.—s. 13, ch. 74-383; s. 1190, ch. 97-102.
1. It depends on who you consider to be using "defense". It could be said that the unarmed, physically smaller, untrained boxer, minor, who was stalked could have been the only person possibly using self-defense.
2. If you still somehow managed to say that the fat stalker was the one using defense, the first law you quoted says "except deadly force" and "to prevent imminent death". The fat bastard didn't meet either one of those.
After the bolded the law says "However, a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself".
That's what the prosecution had to prove wrong; by completely ruling out that Zimmerman could've felt the underlined.
If they couldn't put forth an argument for second degree murder or manslaughter that completely ruled out any alternatives, all that was left was this:
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Those words don't convince me and neither do the quoted laws. In no state can I sit on a jury and look upon an armed aggressor as acting in self defense. Zimmerman would be the aggressor in my mind obviously and the unarmed teen going about his inconspicuous business would have be the victim.
Simple - aggressor against victim. No question about whose defending themselves. No question about reasonable doubt.
I have no doubt that Trayvon Martin was unarmed and that Zimmerman was armed and was the aggressor against him and killed him intentionally.
Simple shit really - unless you allow a biases to influence you.