Dan O.
Banned
- Joined
- Feb 14, 2007
- Messages
- 13,594
Because the warning shot itself can be used as evidence that there was no justification (i.e. the threat was not immediate.)
Where in the law does it say "immediate"?
Because the warning shot itself can be used as evidence that there was no justification (i.e. the threat was not immediate.)
Where in the law does it say "immediate"?
So if I have a guy covered in blood with machete in one hand and a human head in the other hand, and he's about 20' from me and says "your next", and I fire a warning shot, that's proof there was no immediate threat of harm? OK, got it.Because the warning shot itself can be used as evidence that there was no justification (i.e. the threat was not immediate.)
Your friend's father is an idiot.
A bit troubling? No kidding. Reading this makes me want to throw up. Here's a women who's already on one occasion been beaten to within an inch or her life, her husband has just tried to strangle her and told her he's going to kill her, and she fires a warning shot and is going to go to jail for 20 years?The facts surrounding the conviction of Marisaa Alexander are a bit troubling to me as well.
Florida 776.012 "imminent use of unlawful force"
Kentucky 503.080 "immediately neccessary"
I assume you are referring to the fact that basic gun safety tells you that "all guns are always loaded"?
On the other hand, I am not familiar with most states placing such strictures on civilians. I have never heard of anyone being prosecuted for firing a warning shot, though should someone else be harmed or killed the shooter would certainly be held liable.
And for all 50 states, in Garner, the US Supreme Court cites 'immediate' and imminent' danger as part of the standard for reasonable use of deadly force.Arizona 13-418 "imminent peril"
Florida 776.012 "imminent use of unlawful force"
Illinois 720 5/7-1 "imminent death"
Kentucky 503.080 "immediately neccessary"
North Carolina 14.51.3 "imminent death"
...a department must restrict the use of deadly force to situations where "the officer reasonably believes that the action is in defense of human life . . . or in defense of any person in immediate danger of serious physical injury."...
...Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.
So if I have a guy covered in blood with machete in one hand and a human head in the other hand, and he's about 20' from me and says "your next", and I fire a warning shot, that's proof there was no immediate threat of harm? OK, got it.![]()
Good posts.
Also if Z lost that hearing he would, AFAIK, be open to a Civil Trial after the Criminal Trial, no matter the outcome of the Criminal Trial.
That is just one of the reasons I doubt Z's lawyers will ask for the immunity hearing. Another of which is that Z would have to take the stand at such a hearing.
In most cases, the defendant has to testify in pre-trial SYG defenses.First, let me say I have heard O'Mara describe SYG as "tricky" and he has had at least one SYG case, but it was settled with a plea. So, he is familiar with Florida's SYG law. However, at the time he made that statement he was new to the case. ( It is worth noting he was at much the same knowledge level of the prosecution's case as he is today, because then, just as now, he had not received discovery. That could explain his reluctance in interviews to embrace SYG or self-defense immunity. He doesn't know what the state has on his client.)
I can't disagree with your reasoning here, but it is Zimmerman's call if he wants to testify at the pretrial hearing, and he is the same person who wanted to talk to Corey directly. He clearly thinks he is innocent. IMO, O'Mara will really have to dig his heels in to keep Zimmerman from testifying in order to defend himself at the pretrial hearing. Of course, anything I say about this could look silly once discovery is made public.
....
(MSNBC)- If George Zimmerman, the killer of Trayvon Martin, wants to claim self-defense under Florida's "Stand Your Ground" law, he most certainly will have to testify, criminal defense attorneys in Florida told msnbc.com.
It is rare in criminal cases for defendants to be called to testify because they have a right against self-incrimination and it opens them up to sharp questions from prosecutors.
But Zimmerman, charged with second-degree murder in the fatal shooting of Martin during a scuffle in a gated Sanford, Fla., community on Feb. 26, will need to explain why he thought his life was in danger when he shot the unarmed black teenager, attorneys not involved with the case say.
"http://www.kcentv.com/story/1740993...rayvon-martin-murder-case-legal-observers-say"There is no way around it," Derek Byrd, incoming president of the Florida Association of Criminal Defense Lawyers, told msnbc.com. "I personally believe he would have to testify. It's not like a case where there were three other witnesses. Who else is going to say he was fearing for his safety when he shot Trayvon Martin?
In most cases, the defendant has to testify in pre-trial SYG defenses.
That's because only the defendant can state why he was in fear for his life in an immunity hearing.
Exactly. That's what my father taught me.
I may be wrong on this account, but I think the pre-trial hearing would be for the SYG immunity hearing.I agree, but Zimmerman will have a pretrial hearing which doesn't have to be SYG or self-defense, unless it is waived.
I may be wrong on this account, but I think the pre-trial hearing would be for the SYG immunity hearing.
If they don't go SYG defense, it's on to the full murder trial.
Anyone want to correct me if I'm wrong?
Congratulations Sherlock.I'll tell you what, I've looked around and it appears that probable cause affidavit was actually an indictment.
... .
Congratulations Sherlock.
Indictment: "a formal accusation that a person has committed a crime."