Comment

Making the case that the 'Stand Your Ground Law' does not shield George Zimmerman from prosecution under Florida law.

153
goddamnedfrank3/24/2012 7:05:01 pm PDT

re: #138 Daniel Ballard

Try to think of it as a spectrum. Not as a perfect gradient but try to get the gist of it.

Most powerful as the Castle Doctrine. Weaker when you go out. Weakest when you approach likely trouble knowingly. Non existent with a total force disparity.

One problem is that the law isn’t written that way, at all. It’s written as a simple binary on/off test of whether the last man standing’s fear was reasonable. The other problem is that SYG even rewritten as a gradient doesn’t adequately address equivalent mutual combat; two domestics in the same home both covered under Castle, two antagonists on the street with a beef. The law itself is dangerous in how it throws out any consideration of opportunities for defensive withdrawal and avoidance.