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The Truth About 'Stand Your Ground'

Florida's law isn't as crazy as it's being made out to be, Robert Leider argues

By Kevin Spak,  Newser Staff

Posted Apr 18, 2012 1:09 PM CDT

(Newser) – A lot of misinformation is flying around about Florida's Stand Your Ground law in the wake of the Trayvon Martin shooting, but the truth is, it's "neither extreme nor an outlier," argues Robert Leider of the Wall Street Journal. Even under Stand Your Ground, to claim self defense you have to demonstrate that you believed force was necessary to protect yourself against imminent, unlawful force from another. You also can't be the initial aggressor, and can't respond with disproportionate force.

"In short … Mr. Zimmerman now must show that an average person in his circumstances would have viewed the Skittles-armed Martin as a mortal threat," Leider summarizes. That's not to say Florida's law is perfect; in 2005 lawmakers removed the duty to retreat, provided you can do so safely, before using deadly force. Were that still in place, prosecutors would have a slam-dunk case, because police told Zimmerman not to approach Martin. But Zimmerman still faces an up-hill climb in claiming self defense. Click for Leider's full column.

In this Thursday, April 12, 2012 file photo, George Zimmerman, right, stands next to a Seminole County Deputy during a court hearing in Sanford, Fla.
In this Thursday, April 12, 2012 file photo, George Zimmerman, right, stands next to a Seminole County Deputy during a court hearing in Sanford, Fla.   (AP Photo/Gary W. Green, Orlando Sentinel, Pool)
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The existence of such laws traditionally depended on geography, not politics. California became a Stand Your Ground state more than 150 years before Florida. - Robert Leider, explaining that the duty to retreat mostly existed in old states with English Common Law roots

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COMMENTS
Showing 3 of 120 comments
keith44
Aug 14, 2012 10:32 AM CDT
Respectfully, Mr.Leider, the issue is not simply that of ignoring the Police request/instruction/order to 'not follow'. By following, Mr.Z placed himself into the position of being in violation of Florida Statutes on 'stalking': I quote them here for you: "Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." The evidence suggests that Trayvon Martin was in fear for himself concerning the person who was stalking him. I have seen no evidence - apart from one small graze on one knuckle of Trayvon Martin's one hand - that indicates or suggests that the injuries Mr.Z claims to have suffered were,in fact, caused by Trayvon Martin defending himself. I would be very interested to have an expert pathologist testify if Mr.Z's injuries could have been self-inflicted after the shooting.
Robin305
Apr 20, 2012 3:08 PM CDT
I am from Florida and seems here if you are related to the law enforcement you get special considerations..""stand your ground"" law.. it’s just an excuse to go out to the street and kill anyone that you don’t like or disagree with.. A way to solve any disagreement between 3 .. the good the bad and the gun.   Miami Gardens 2011...my best friend testimony    On November 26, 2011 at around 2:00 a.m., Victor Rafael Grullon was shot. He was 26 years old.  According to eye witness reports, he was playing pool at "Our Place Lounge & Liquor" in Hialeah/Miami Lakes. Eye witnesses say that there was a Miami-Dade County Correctional Officer that habitually visited the bar and liked to drink and flash his gun. Both Victor and the individual that shot him were transported to the hospital.  (1) there were two wounded and one gun, (2) police is certain that the gun did not belong to Victor,(3)police had taken the statement from the other wounded person, and (4) that they were waiting for Victor to come out of surgery to take his statement.  Victor never got a chance to make a statement.   48 hours after Victor's case was in the hands of Miami-Dade Police Department Criminal Investigations Division, Homicide Bureau To date, the police (a) have not completed a police report, (b) have not pressed any charges, and (c) have not been forthcoming about the outcome of their investigation.  I waited a month and never heard from the Detectives, so I started calling them on a weekly basis trying to get the status of the case. They have been giving me the run around telling me (1) that they’re too busy, (2) that my son’s case is not the only case they have, and (3) that they are waiting for the State Attorney’s Office to schedule an appointment to go over my son’s case.  I have called the State Attorney’s Office and they have no record of my son’s case nor do they have any record of their being any communication between the Miami-Dade Police Detectives and their office regarding my son’s case.  I have also called and been given the run around by the Inspector Supervisor, Department of Corrections, Department of Justice, FBI, Office of the Attorney General, Florida Commission of Ethics, Florida Department of Law Enforcement, and Internal Affairs.  I have given the Detectives the names of witnesses who were there that night and the Police has not contacted any of them. These witnesses say that on the night in question the Detectives that arrived at the scene were asking for the witnesses name and numbers, but never asked the witnesses for identification to corroborate their identities. I firmly believe that there is a cover-up in my son’s case. I want to get to the bottom of this and bring my son’s killer to justice. Victor is survived by his 4 year old daughter and by me, his mother, Ana E. Grullon.   *****Today nothing has change and charges still given the run around  :( and another mother grieving...
lou1011
Apr 19, 2012 7:08 AM CDT
Nothing’s changed here A Black thug assaulted a guy on the streets, who defended himself.One less Black thug in this world..thank you Zimmerman!
 

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