Comment

Don Ross: Upright and Locked Position

77
Dark_Falcon4/14/2012 8:25:45 am PDT

re: #65 Talking Point Detective

As I see it, SYG may still apply in that situation as the previous standard is that he should have taken steps earlier to avoid a violent confrontation - say retreated from Martin as Martin approached him, gotten into his car, etc. Further, the previous standard would be that deadly force is a last resort - SYG seems to change that calculus as well. There is a “meet force with force” reference, but it isn’t specific about a requirement of proportionality (despite the claim by the bill’s sponsor that SYG stipulates proportionality).

The SYG ground law does address proportionality, in that it requires a reasonable fear of death or severe bodily harm before deadly force can be used. What a ‘reasonable fear’ is is not closely defined, as it can vary from case to case. At 6’4” and heavily built, I could not legitimately claim a reasonable fear against a small man of 5’3”, even if he punched me in the gut. The small man, however, might well be able to make such a claim as it relates to me, though, due to the size and strength disparity.