C_Clayton_Jones
Diamond Member
rdean, a jury has made the decision.
That part is over for ever; GZ is Not Guilty.
There could still be federal charges filed.
As for Stand Your Ground, the problem is, that kind of law is popular for the same reason gun ownership is popular.
It gives people a false sense that they can control a part of their lives.
As is most often the case the issue with SYG laws is not the statute per se, but how it is understood and implemented.
In Florida, for example:
fear of imminent peril of death A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another
Statutes & Constitution :View Statutes : Online Sunshine
Needless to say the problem concerns what constitutes imminent.
We know from the Zimmerman case that in Florida that standard applies even if an armed citizen willfully places himself in a potentially dangerous situation, even after instructed not to do so by law enforcement, and predicated on racial profiling.
In essence doing something stupid and reckless doesnt mitigate the self-defense standard.
And as is most often the case the original intent of SYG in Florida was to act as a deterrent to home invasion and car jacking, perceived to be rampant during the 90s and early part of this century. In theory, a potential home invader would indeed refrain from invading a given home if he understood he could be shot and killed by the homeowner with impunity, and where his family could file no wrongful death lawsuit.
Most of the confusion and controversy concerns SYG claims outside of ones home.
Again, in Florida, the statute stipulates that self-defense is justified anywhere a person has a right or is expected to be, that could be a neighbors home, ones place of employment, or outside in the backyard.
The issue is further complicated by law enforcements inconsistent application of the law, where in one jurisdiction theres an investigation and arrest, and others, not.
Ultimately its incumbent upon gun owners to at least understand the central tenet of self-defense jurisprudence: the manifestation of an imminent danger, that if a potential victim doesnt take action immediately, serious bodily harm or death will be the likely outcome.
Once the danger has passed, however, or is otherwise neutralized, the threat is no longer imminent and a SYG defense is much less likely to succeed.