Florida's Stand your Ground law

No, David. It's a general principle: "Take good advice".

@MontereyJack,

You know David. He knows more about every situation than anyone else. Especially those that deal with those situations for 40 hours a week. How could anyone that deals with those situations daily know more than David? The man is a "genius".

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@parados,

I have known people who were lawyers and they were duty-bound to convince others of their correctness...no MATTER what the circumstance!

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@MontereyJack,

MontereyJack wrote:

No, David. It's a general principle: "Take good advice".

Are you arguing that we are criminally liable for not following orders? AND that these said orders do not need come from officers of the law?

The law does not support the assertion from the state here the George became recless when he decided to not follow order, the arrest warrent reads as if it were written by a police state, were the citizens have very limited freedom.

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@hawkeye10,

You have only yourself to blame if you disregard good advice and end up getting into trouble.

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@DrewDad,

DrewDad wrote:

You have only yourself to blame if you disregard good advice and end up getting into trouble.

by choosing to charge murder the state is arguing that "criminally wrong" is by definition doing other that what the person on the other end of the phone call indicated was a good idea. The Constitution does not support the murder charge. We must hope that the judge does not let this overstepping of the states authority stand. We also need to hope that George stands up for all Americans here, and refuses to plea to manslaugter, which we can assume is the result that the state desires and the obtaining of which is the motive for this abusive charging.

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@DrewDad,

DrewDad wrote:

You have only yourself to blame if you disregard good advice and end up getting into trouble.

And you certainly can't argue that you had no alternative.

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@hawkeye10,

Is that, in fact, what the prosecutor is arguing?

Do you have a link?

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@DrewDad,

DrewDad wrote:

Is that, in fact, what the prosecutor is arguing?

Do you have a link?

It is called the arrest warrent....this arguement is the only possible way George not breaking off pusuit as was suggested is relevant to a murder charge. The DA included this in the warrent, so we have a good idea what the states arguement is. It is also rediculous....hopefully defense can make quick work of getting the murder charge dismissed.

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@hawkeye10,

And why wouldn't it just be relevant to why Zimmerman is not covered by the Stand Your Ground law?

If he initiated the confrontation (which he did), then he's not shielded. After he lost that shield, his responsibility changed from "I can shoot if I fear for my life" to "I have to attempt to escape before I can defend myself with deadly force."

Showing that he lost that shield is very relevant to the case, and it's especially relevant that the prosecutor cover that base because the Stand Your Ground law allows civil suits if it is violated.

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@hawkeye10,

And again, do you have a link to the text? A casual Google search didn't turn it up.

Edit: Nevermind. For those interested, it's athttp://media.trb.com/media/acrobat/2012-04/69353440.pdf

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@hawkeye10,

I can see nothing in the arrest warrant that mentions the failure of Zimmerman to follow the phone advice.

http://www.demotix.com/photo/1154562/photo-arrest-warrant-george-zimmerman

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@parados,

I think he means the affidavit.

This just seems to be a recitation of the facts, though, so Hawkeye's doing his usual song and dance about the sky falling.

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@DrewDad,

The affidavit which led to the arrest warrant can be found here:

http://media.trb.com/media/acrobat/2012-04/69353440.pdf

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@parados,

Of course, the affidavit ends with this statement.

Quote:

The facts mentioned in the Affidavit are not a complete recitiation of all the pertinent facts and evidence in this case but only are presented for a determination of Probable Cause of Second Degree Murder.

The fact that Zimmerman admitted to the shooting, had a gun on him and a shell casing was found at the scene must not be germaine to the charging I guess.

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@parados,

parados wrote:

Of course, the affidavit ends with this statement.

Quote:

The facts mentioned in the Affidavit are not a complete recitiation
of all the pertinent facts and evidence in this case but only are presented
for a determination of Probable Cause of Second Degree Murder.

parados wrote:

The fact that Zimmerman admitted to the shooting,
had a gun on him and a shell casing was found at the scene must not be germaine to the charging I guess.

U guess correctly.
Thay do not show that any crime was committed.

David

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@OmSigDAVID,

Exactly...the state has not even been able to show probable cause, so at this point the judge should give the state 24 hours to come up with something better, and if they don't then come up with probable cause kick the case.

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@hawkeye10,

Well, Mr. Z can get a $$$lucrative$$$ cause of action
for false arrest from this, as well as a good, profitable book deal
for putting up with all this travail. Maybe a movie?? I dunno.
Charles Bronson is no longer with us.

David

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@OmSigDAVID,

I think all the state will need to do is refile the charge as manslaugter.....do you not agree?

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@hawkeye10,

If I recall correctly from another thread, Florida allows conviction on lesser charges, or the prosecution can offer that option during the trial.

I don't think they'll have to remove this charge and file another.

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Florida's Stand your Ground law

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