Posted on 04/12/2012 5:17:42 AM PDT by spacejunkie2001
George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.
Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.
The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.
The state's "stand your ground" law passed in 2005 says:
"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.
The most recent of these hearings in Orlando failed.
(Excerpt) Read more at articles.orlandosentinel.com ...
Well at least your spelling and grammer were ok.
You may be right.....
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