You just can't shoot someone because you're getting your ### kicked. Where's the line? Someone punches you in the face and you can shoot him?
Not to single you out jamny but this statement has been a recurring theme in this thread.
In other words, are you saying that, in some instances, an American citizen should be REQUIRED BY LAW to physically fight against their will even when making it clear they want to flee and stop?
Do you understand that it is pretty much a BASIC HUMAN RIGHT not to EVER for any reason be forced to engage in a physical fight against your will? If your arguments EVER violate this basic human right, then I say it will ALWAYS be wrong.
This isn't about what the law should be. It's about what the law is. The elements of a self defense claim were determined by the Florida legislature. If the legislature had wanted to create a presumption of the fear of death or great bodily harm in the case of any battery, they could have done so.
They did not. They drew the line at (a reasonable fear of) the standard for aggravated battery. For simple battery, the right to self defense is confined to a level below deadly force.
The jury is free to find that Zimmerman was being subjected to a aggravated battery. Or that he legitimately feared as such. But there is also plenty of evidence against that proposition, particularly if the jury finds Zimmerman's self-serving, unsworn statements lack credibility.
My example to Jamny and others is that
the law does not state anywhere that if someone punches you, you are required to reciprocate. There are people in here picking fights and getting angry that AT SOME POINT, the law states the victim has a right to say stop and that he is justified in using deadly force. That point was clearly passed in this case based on the evidence, there is nothing to contradict John Good's eyewitness testimony. Martin did not give Zimmerman the opportunity to flee, John Good ID'd Martin on top, John Good ID'd Martin throwing down punches, John Good ID'd Zimmerman screaming.
Using
Those meddling kids always get away as evidence is not good enough, Ramsay Hunt Experience.
I've never used those meddling kids as evidence. I've never bought the theory for 2nd degree murder, because I've always felt that even if I granted the State every factual inference (Zimmerman racially profiled Martin, followed him, got in a confrontation, and shot him), I couldn't find facts that rose to depraved mind murder.
Conversely, if I were to grant every single factual inference in favor of Zimmerman, he'd be acquitted, but that's true in just about every murder trial. If I had to grant every single factual inference in favor Aaron Hernandez, I'd have to acquit him. But I don't think his jury is going to do that, and Zimmerman's jury isn't obligated to do so here. The only evidence to support Zimmerman's head being "bashed into concrete" or that he was "being smothered" is his own inconsistent, self-serving, unsworn statements. I don't find that evidence credible, particularly when the only other witness is dead.
My contention has always been that even if I resolve a very large number of factual disputes in Zimmerman's favor, it is still manslaughter under the law. I don't care whether Zimmerman followed Martin. It doesn't matter. I don't care whether Zimmerman instigated the confrontation. It doesn't matter. I suppose I would care whether Zimmerman's head was being "slammed" into the concrete, but the physical evidence suggests it wasn't, just as it suggests that Martin was not "raining down blows" on Zimmerman (or at least was not connecting on such blows).
So I assume, for Zimmerman's benefit, that Trayvon Martin hit George Zimmerman. The physical evidence suggests that if the police had then come around, broken up that fight, and arrested Trayvon Martin, he would have been arrested for simple battery. A jury is free to disagree, but that's my impression. And I haven't seen credible evidence that a reasonable person would have believed that he was being subjected to anything more than that.
Good's testimony supports simple battery. Not aggravated battery, IMO. Those circumstances do not rise to such as to justify a homicide, IMO. Not under the statute as written.