JACOB SULLUM: The Times Keeps Shouting ‘Stand Your Ground,’ While Reporting That the Real Issue Was Probable Cause. “Zimmerman’s injuries seem consistent with his claim that Martin punched him in the face, knocking him to the ground, and repeatedly banged his head against the pavement. But they do not demonstrate that he met the requirements for self-defense under Florida law. If Zimmerman started the fight, for example, he would have been justified in using lethal force only if he reasonably feared death or serious injury and there was no feasible way to escape. That is in fact the essence of Zimmerman’s self-defense claim, although he says Martin started the fight. Either way, if Martin was on top of Zimmerman, smacking his head on the ground, and trying to grab his gun, it did not matter that Florida’s law protects the right to ‘stand your ground’; the analysis would be the same under the old ‘duty to retreat’ standard. Although the Times uses the phrase ‘stand your ground” or variations on it half a dozen times, it’s clear from the article that the decision not to charge Zimmerman, which was made by State Attorney Norm Wolfinger after Sanford police requested an arrest warrant, had to do with another aspect of the law.”
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