It’s the voters in Florida and other states who are demanding SYG and more reasonable self-defense laws. You don’t have that option. The Crown is nice enough to make these decisions for you plus you can not be trusted with firearms or your own self-defense. The Bobbies will be along within minutes when seconds count.
You object to firearm ownership and use and you object to Florida laws as they currently exist. Neither of your objection prove that GZ is guilty of 2nd degree murder.
I don’t think we have done this before, but I get what you mean.
Sorry, but I believe the provision that forbades arrest without probable cause of illegal use of force was well meaning but shortsighted and ill conceived. In the future I think you will see departments risk a bad arrest should the existence of probable cause be close to in doubt.
Though in actuality, I doubt that portion of the FL SYG law will survive.
It appears that while it is illegal to carry or use a firearm while impaired, there is an exemption for lawful self-defense.
790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.
History.—s. 1, ch. 91-84; s. 1210, ch. 97-102.
To my inexpert eye, that seems to suggest that you could be out walking your dog intoxicated and as long as you wasn’t drunk and disorderly, if someone attacked you and you killed them, your alcohol intake would not be held against you?
Also, If you are in a place you have every right to be, you can be drunk(but not illegally intoxicated, I’m hoping?) and still kill a person and claim self-defence, and if the evidence is in your favour that you WAS attacked, you’d be in the clear.
Are you saying that speculation is useless when it comes to determing a person’s involvement in a crime? I’m not talking about baseless speculation, I’m talking about things that could be reasonably inferred from the available facts.
How do you think detectives do their job? Do you think they have a handbook with a checklist of all possible facts that they can take into account when making their daily decisions?
pretty much. You’re generally allowed to defend yourself in this country. Castle laws differ from state to state (even city to city) but location plays a part in it too.
Seems accurate under current FL law which protects those exercising lawful self-defense from prosecution. Otherwise you might still be on the hook for a misdemeanor. Bricked or another can clarify if I am in error.
Seems so. Not sure why intoxication should remove ones right to legally defend themselves*. Should we be doing breathalyzer tests at polling places too?
*of course such instances should be scrutinized closely. And as bricked pointed out, intoxication raise issues with establishing key elements of a legal defense.
As a public defender, the vast majority of my clients were guilty. Those few that were not factually guilty of what they were charged with were the ones that fell victim to the Commonwealth’s overcharging them: that is, they were not lily-white innocent, even though they were innocent of the specific charge(s) they faced.
In this environment, I worked as their zealous advocates – I secured acquittals or dismissals sometimes, reduced charges or sentences other times, and was perfectly content to do that, because the system required a zealous advocate even for the guilty.
My nightmare was always that I encountered a truly innocent client.
Because if I did, then many of the checks and balances would have already failed: despite his innocence, the police would have been convinced of his guilt, and the Commonwealth Attorney would also be convinced of his guilt and believe the evidence was strong enough to go to trial. A grand jury would have believed the evidence was sufficient to return an indictment. And now the person responsible for stopping a miscarriage of justice would be: me.
An absolutely scary place to be.
To get back to your question: I would have advised you, innocent or guilty, to say: “I haven’t done anything wrong, and I want to speak to my attorney. Period.”
the problem is that you keep restating the same baseless “what ifs” even when shown otherwise. Point in fact is speculation that Zimmerman parked in a different location and ran in a different location even though it’s been brought up that there is a witness who heard 2 people run by.
The detectives are presented with a fairly straight forward event with lots of evidence it occurred as Zimmerman said it did. And has already been pointed out repeatedly that the case begins with the fight. Absent a witness that says Zimmerman started the fight it’s a matter of self defense.
Everyone in this thread would welcome a high resolution 3D filming of the event from all different angles but we don’t have that.
So it’s not a function of a detective determining Zimmerman is guilty and then going on a witch hunt to hang him. That’s not how the law works.
When you talk about the police only interviewing a witness for 10 minutes you imply that’s not enough time to describe an event that took up maybe 2 minutes total of observation.
This doesn’t reach Zimmerman’s conduct of walking about with a holstered pistol, though it would the moment he drew it, unless of course the moment he drew it was in exercising lawful self-defense.
Well, considering that Z was never supposedly that close to Trayvon after he’d got out of his truck and before the fight started, you’d expect that witness to say one person ran by, then another did, not that 2 people ran by. What does that even mean, anyway, without further clarification?
This is where it would have been helpful if Serino had asked Z where abouts near the T he started running, but alas, that wasn’t to be.
And there’s at least one witness who says they heard 2 people run by in a direction Z was never have supposed to be going in.
When there is only Z’s say-so as to how the fight started, that’s when it is imperative to investigate the potential crime scene THOROUGHLY and not just accept the story you’ve been given because there’s no immediatelly obvious guilty pointer.
See now, despite all the Big Brother fears, had The Retreat been cctv’d up the ass, Z wouldn’t be in this predicament. There are obvious advantages to a well-regulated surveillance and incident recording system and the tech is out there to implement it.
I wasn’t expecting a witch hunt from Serino or SPD, just some common sense investigative work. You know, like determining the exact position of the ground fight and finding corroborative disturbance of the area it happened. Or do you think you can have a violent struggle on wet ground and not leave any evidence you’d ever been there?
If they were interviewed for 10 minutes each, you might have a point, but when the incident being described is 2 minutes long and the investigator only spends a minute confirming what you are saying, that is some shoddy interviewing right there.