So how about that Zimmerman trial?

[Frieza_Prexus]

Originally Posted by Funkutron5000 [You must be logged in to view images. Log in or Register.]

If, at this point Martin felt threatened, wouldn't he have been within his rights to defend himself? When can you begin using "self defense" as a legal defense for violence? Do you have to be physically assaulted first and self defense is fighting back? Or could other actions lead you to feel threatened enough, that without being physically hit, you could strike the other person and have a valid claim at self defense? I'm nowhere near being a lawyer so I'm generally just interested in the answer, and not making a claim on what may/ may not have happened in this case.

Caps lock for emphasis:

Originally Posted by Typical Self-Defense law

The general rules for Self Defense are as follows:

1: General Rule: It is a defense that the defendant believed that:
a) he was in IMMINENT danger of being illegally physically harmed by another;
b) the force he used was NECESSARY to prevent the threatened harm; and
c) those beliefs were objectively REASONABLE

2: Deadly Force: same as above but the physical harm must be an imminent threat of DEATH or SERIOUS bodily harm, and the deadly force used was REASONABLY necessary to prevent that harm.

There is NO general duty to retreat. Most jurisdictions consider the OPPORTUNITY to retreat as something to CONSIDER in determining whether or not the use of DEADLY force was REASONABLE

In short, the evidence in the RECORD seems to indicate that Martin was the physical aggressor (mere words are NEVER enough to make one an aggressor, there must be an OVERT physical act). If the fact finder finds that Martin was the aggressor, self-defense is UNAVAILABLE.

Note that it is theoretically possible for two people to fight and both assert self defense because there were two different "fights". Ex: I hit you, then you defend. I run away, you hit me, I defend.

The ONLY question here is whether or not Zimmerman's act of shooting Martin (which is what's on trial) fits within the elements for self-defense listed above.