Saturday, March 24, 2012

Trayvon Martin and Florida's Self Defense Laws

THE STALKING AND EXECUTION OF TRAYVON MARTIN
Everyone should run and hide from vigilantes in Sanford, Florida, especially since most of the law there and several recent celebrities comments were that Trayvon Martin (taken from the basic gist of their conversation) had it coming.
Geraldo (the Al Capone Vault Fiasco guy) Rivera said his wearing a hoodie was a good reason for a violent racist to shoot him. Geraldo needs to get his head examined and look in a mirror. Here are two suspicious criminals below:

Trayvon Martin's father's girl friend lived in the area, a gated community, that Trayvon was staying or visiting to be with his father. He went to the local convenience store and was returning with Skittles and a can of Iced Tea when a George Zimmerman, 28 yr. old self styled vigilante who had somehow after a felony arrest for assaulting an officer years ago, and a police blotter full of 911 calls about suspicious black people, became the head of the local neighborhood blockwatch. He wanted to be an authority figure. That is the worst kind of person to put in any position of authority, someone who seeks attention to mask insecurity over his own racial identity confusion. I say that as his parents, on the wake of the arrest and release of Zimmerman, rushed to explain to the press that they wanted them to know that he was definitely Jewish and Hispanic. I am sure that scenario played out at home on a regular basis. He seems to be ashamed to admit to his Cuban half, probably because of the anger and resentment in Florida about the boat people that some local residents feel "took over" parts of Florida on their arrival during the exile years. Hoards of exiled Cubans sought asylum in the United States years ago and some of the local Floridians will never get over it. It led to anyone Hispanic being labeled as "...another damned Cuban". (Carlos Mencia, the comedian talks about being called Cuban any time he goes to Florida and Puerto Rican when he visits New York.) The following is actually taken from the total Florida Revised Statutes (the actual law as it is written) and it is clear to me, at least that this doesn't apply to the Trayvon Martin Execution (for being black and wearing a hoodie) Case against George Zimmerman, publically noted racist and police "wanna be".

STAND YOUR GROUND LAWS
From Florida Revised Statutes :
 Florida Statutes
Section 776.012, F.S., describes the right to use force including deadly force in defense of oneself or others.
776.012 Use of force in defense of person.—A person is justified in the use of
force, except deadly force, against another when and to the extent that the person
REVISED:
BILL: CS/CS/SB 436 Page 2
reasonably believes that such conduct is necessary to defend himself or herself or
another against such other’s imminent use of unlawful force. However, the person
is justified in the use of deadly force only if 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.
Although the catch line to s. 776.031, F.S., is “Use of force in defense of others,” that section primarily pertains to the use of force to protect property.
776.031 Use of force in defense of others.—A person is justified in the use of
force, except deadly force, against another when and to the extent that the person
reasonably believes that such conduct is necessary to prevent or terminate such
other’s trespass on, or other tortious or criminal interference with, either real
property other than a dwelling or personal property, lawfully in his or her
possession or in the possession of another who is a member of his or her
immediate family or household or of a person whose property he or she has a
legal duty to protect. However, the person is justified in the use of deadly force
only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.


Common Law Duty to Retreat

Under Florida common law, a person acting in self-defense outside his or her home or workplace has a “duty to use every reasonable means to avoid the danger, including retreat, prior to using deadly force.”1, 2 This duty is also referred to as a duty to retreat “to the wall.”3 The duty to retreat also applies to both parties in mutual combat and to an initial aggressor. 4 A defender has no duty to retreat before using non-deadly force. 5 The duty to retreat has not always been a part of the common law. Centuries ago, “any man who was feloniously attacked without provocation could stand his ground anywhere, not retreat, and use deadly force if necessary to repel the attacker.” 6 Today, the common law places a “greater emphasis on the sanctity of life as opposed to chivalry.
7 Similarly, the duty to retreat appears to stem from the policy that “[h]uman life is precious, and deadly combat should be avoided if at all possible when imminent danger to oneself can be avoided.”
You tell me, does this apply in your opinion? Email me at arizonamildman@live.com
Thanks,
Arizona Mildman

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