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  3. Stand Your Ground Law and the Zimmerman Case

Stand Your Ground Law and the Zimmerman Case

Apr 17, 2012 | Stand Your Ground Law

On February 26, 2012, according to George Zimmerman, Trayvon Martin jumped him in Sanford, Florida, broke his nose, and pounded his head into the ground, causing Zimmerman to be in fear for his life.  The next thing that happened is undisputed:  Zimmerman fired his gun and killed Martin.

Nothing official happened for 46 days.  Unofficially, a number of things occurred:

  • Demonstrations took place on the streets calling for Zimmerman’s arrest, including one in Miami featuring thousands of protestors.
  • The political pundits warned of civil disobedience if Zimmerman was not arrested, and some opined on Zimmerman’s guilt or innocence.
  • A CNN poll claimed that 73% of Americans were in favor of arresting Zimmerman.
  • Two days after the CNN poll was announced, a national poll provided by Wilson Perkins Allen (WPA) Opinion Research determined that only 48% of Americans favored an arrest, and that 39% of the people believed Trayvon Martin was “minding his own business” the night of the shooting.

And on April 11, Florida special prosecutor Angela Corey announced that Zimmerman was being arrested and charged with second degree murder.  In the press conference announcing the charges, Corey made a point of declaring that her office does not prosecute people based upon public pressure, but rather only upon the facts and the law.

For those of us who witnessed the press conference, Corey’s statements did appear a bit contrived, and it’s difficult to believe the public furor surrounding the incident did not come into play – especially after (1) a 46-day “hiatus” from the date of the incident, and (2) the failure of the prosecutor to go to the grand jury to seek and indictment, a process available in Florida, but required only in the case of first degree murder.  One also sensed a circus-like atmosphere, and Corey at times appeared as if she were handing out Academy Awards to the participants in the prosecutor’s office.

The truly unfortunate aspect of this phase of the proceedings is that for almost seven weeks, nothing happened, and the frustration of the family of the victim is understandable.  In the meantime, many had already convicted or exonerated Zimmerman, without having a shred of personal knowledge as to what really happened.

Stand Your Ground Self-Defense Law

A major issue in all this, however, is the Stand Your Ground self-defense law in Florida and other jurisdictions, including Arizona.  The pertinent portion of the Florida Stand Your Ground law (also referred to as “no duty to retreat”) states that “a person is justified in the use of deadly force and does not have a duty to retreat if . . . [h]e or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself . . ..”  In Arizona, the language is slightly different, but contains the same provision concerning the lack of any duty to retreat.  In fact, over 30 states have some version of the Stand Your Ground doctrine on their books, and a number of other states are considering adding the provision to their statutes.

Time will tell whether the recent events involving George Zimmerman and Trayvon Martin will have an effect upon the state legislation now flourishing in the country.  One thing, however, is certain:  Zimmerman is innocent until proven guilty, as are all criminal defendants in the United States.

If you have been charged with a crime, contact an experienced Phoenix Criminal Attorney who can provide you with the best defense available.