| cheapbag214s |
 Posted: Sun 16:48, 04 Aug 2013 Post subject: Trayvon Martin, Cont._4 |
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| cautious and prudent person" would do under the same circumstances. Even if there are no other witnesses, the court will weigh Defendant's testimony against this standard; that is, the court will look to the surrounding facts to determine whether the Defendant acted rationally. Here's where it gets interesting for the Zimmerman case. As has been pointed out by you and others, the first standard--for a passive innocent--does not require retreat. What I haven't seen yet in these parts** is the fact that the third standard--for an initial-aggressor--actually does require retreat. That is, a person who initially provokes a physical encounter must exhaust "every reasonable means to escape such danger" before resorting to deadly force. § 776.041(2)(a).Indeed:The justification described in the preceding sections of this chapter is not available to a person who: (1) Is attempting to commit, committing,prada outlet, or escaping after the commission of, a forcible felony; or (2) Initially |
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