RANCH
United we stand, divided we fall.
- Joined
- Dec 18, 2008
- Messages
- 18,284
- Reaction score
- 39,122
Not an attorney, but I believe you are correct. The "Stand Your Ground" defense is just a technical, legal re-interpretation/re-wording of the already existing self-defense law, whereby a judge could decide that the charges were unwarranted in a separate SYG hearing. In this case (as with the GZ case), both attorneys chose not to pursue the official SYG defense, because, IMO, they would have had the burden of proof. Proving their clients were innocent as opposed to the state proving they were guilty.
Hope this makes sense! As always, IMO.
In Florida there is a statute that gives people immunity from criminal prosecution and civil action which is the actual "stand your ground" law.
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.
This statute was not used in the George Zimmerman case or the Michael Dunn case. They both used a simple self defense or justifiable homicide defense.
The reason I see that the SYG statute not being used in Michael Dunn's case is because it wouldn't work. Any judge looking at this case would see that it wasn't a SYG case and it would work against Dunn to pursue it.
In the George Zimmerman case it was so obvious it was a self defense case that it wasn't necessary to use the SYG statute and they just went to trial and won.
I don't understand why people make such a big deal about Florida's "stand your ground" law when in reality it hasn't had that much of an effect. MOO.
http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0776/Sections/0776.032.html