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Are you talking about this one? Scary what a court can do to a victim...
People v Aiken (2005 NY Slip Op 02562)
Yes, that's it.
Are you talking about this one? Scary what a court can do to a victim...
People v Aiken (2005 NY Slip Op 02562)
Approaching someone in my neighborhood is not a reason for them to kill me.
I know how to talk to people and difuse a situation and Iam not going out with my gun in my hand.
They will never know I have it, which is the law, unless they give me no choice.
I have lived where people like to poke and prowl around, never had to shoot anyone. But made myself noticed, and they move on.
Where I live now its not that bad.
Good for you but that is not true for all neighborhoods or situations. You may have a vigilante who likes to hollow at and provoke people.
SYG doesn't say that at all. Nowhere.
Speaking of fallacies, according to the statute, you are incorrect. It's not simply what Zimmerman's perception was, but whether...
"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"
You don't just get to make up a story and get off the charge by saying you were in fear for your life. Whether you believe Zimmerman's injuries constituted grave bodily harm or not, a reasonable person would certainly believe that grave bodily injury is possible by someone banging your head on the concrete. You can be damn certain if a police officer had his head banged on the concrete in a scuffle that the DA would be filing charges of aggravated battery, if not attempted murder. Those are felonies, by the way.
More what if what if what if what if what if what if..................................
I would like you to name me one state. TIA
The rest of your post is untrue.
Here were the actual instruction given to the court which applied in this case: When the killing occurs by accident and misfortune in the heat of passion, upon
any sudden and sufficient provocation
So, reasonable believing something is not at all in the language. We have heat of passion and provoked. Done deal- Saying many if not most arguments do appear in the heat of the moment. Both parties in this case were provoked. Zim just happened to have the gun.
Also, under that law a forcible felony did not need to be present which it wasn't in this case anyway.
And, you do get to say you were in fear of your life and the dead person can't defend himself with his side of the story. And, to use the head "banging on" concrete argument is pathetic in light he did not have a concussion.
So anyone can beat your head into concrete and until you have brain damage there is nothing you could do about it? If some guy slammed you in the nose breaking it and then banging your head on the sidewalk, should he get a ticket? Or on action by the police at all since it is so minor to you.
That is what are claiming. Would that banging-head-against-concrete isn't serious unless there is a concussion then also apply to a parent to his/her child? Obviously it would have to.
Would GZ have to actually be unconscious or dead before he could use deadly force to protect himself in your opinion?
New York
So anyone can beat your head into concrete and until you have brain damage there is nothing you could do about it? If some guy slammed you in the nose breaking it and then banging your head on the sidewalk, should he get a ticket? Or on action by the police at all since it is so minor to you.
That is what are claiming. Would that banging-head-against-concrete isn't serious unless there is a concussion then also apply to a parent to his/her child? Obviously it would have to.
Would GZ have to actually be unconscious or dead before he could use deadly force to protect himself in your opinion?
I think what people don't "get" is that, thanks to neck muscles, Zimmerman's injuries weren't any more severe than they were. This doesn't negate the FACT that Trayvon Martin was using deadly force.
The only proof we got was one side of the story.
What is your point? That someone who kills in self-defense should always be found guilty unless there are witnesses to back up his story?
I already posted the details of one, by the way. It was New York. Pretty much any state that requires retreat, which you are arguing in favor of. Do I have to google the list for you?I'm waiting to hear what states allows such a law. If joko can't give me one maybe you can to prove your point. TIA The rest of your post is typical ad hominem used when you can't support your argument
Here's a list of "duty to retreat" states, so you don't have to google it.I would like you to name me one state. TIA
The rest of your post is untrue.
I already posted the details of one, by the way. It was New York. Pretty much any state that requires retreat, which you are arguing in favor of. Do I have to google the list for you?
Here's a list of "duty to retreat" states, so you don't have to google it.
Northeast/Mid-Atlantic: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island.
Midwest/Plains: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Wisconsin.
West: Hawaii, Wyoming.
Well, here is the actual language in the Florida self defense statute, which I already posted, but will post again for your edification: "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"....and assault & battery is a forcible felony.Here were the actual instruction given to the court which applied in this case: When the killing occurs by accident and misfortune in the heat of passion, upon
any sudden and sufficient provocation
So, reasonable believing something is not at all in the language. We have heat of passion and provoked. Done deal- Saying many if not most arguments do appear in the heat of the moment. Both parties in this case were provoked. Zim just happened to have the gun.
Also, under that law a forcible felony did not need to be present which it wasn't in this case anyway.
And, you do get to say you were in fear of your life and the dead person can't defend himself with his side of the story. And, to use the head "banging on" concrete argument is pathetic in light he did not have a concussion.
All states have defense laws, but the ones I've posted hold the victim responsible if the aggressor ends up dead...unless you happen to be inside your house.Which one does not have defense laws. TIA
Tell that to the stabbing victim who got 16 years in prison for killing his attacker in the hallway outside his apartment.NY has self defense laws that allow a person to defend themselves when their life is endangered. Your example does that show that.
Here were the actual instruction given to the court which applied in this case: When the killing occurs by accident and misfortune in the heat of passion, upon
any sudden and sufficient provocation
So, reasonable believing something is not at all in the language. We have heat of passion and provoked. Done deal- Saying many if not most arguments do appear in the heat of the moment. Both parties in this case were provoked. Zim just happened to have the gun.
Also, under that law a forcible felony did not need to be present which it wasn't in this case anyway.
And, you do get to say you were in fear of your life and the dead person can't defend himself with his side of the story. And, to use the head "banging on" concrete argument is pathetic in light he did not have a concussion.
Well, here is the actual language in the Florida self defense statute, which I already posted, but will post again for your edification: "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"....and assault & battery is a forcible felony.
All states have defense laws, but the ones I've posted hold the victim responsible if the aggressor ends up dead...unless you happen to be inside your house.
Tell that to the stabbing victim who got 16 years in prison for killing his attacker in the hallway outside his apartment.