Thursday, March 22, 2012

Trayvon Martin was a 17 year old teen in florida visiting his dad, when he was shot and killed by George Zimmerman. Zimmerman is a self-appointed neighborhood watchman who admits on tape that he followed Martin in his car because he thought he was suspicious. This even after the police officer told him not to follow Martin. A month later, Zimmerman has not been arrested and now the FBI are investigating. The Florida "Stand Your Ground" law is the main defense for Zimmerman who claims he killed Martin in self-defense. The law is as follows:

"(3) 
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

There are 2 problems with this scenario.

1. As an invited guest to his father's residence, the law applies to Martin as well as Zimmerman.

2. Zimmerman is recorded on the 911 tape saying that he was following Trayvon Martin. The police officer to him not to follow Martin. Therefore, it stands to reason that Zimmerman caused any alleged confrontation and was NOT attacked. In consequence, Zimmerman had a "duty" to retreat and had no "right to stand his ground and meet force with force, including deadly force" because it was not necessary to prevent death or great bodily harm to himself. The necessity here, if there was one, was to obey the order to not follow.

Hence, Zimmerman had no legal right to shoot Martin and should be arrested and charged with first degree murder.
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