Skip to main content

View Diary: President Obama addresses Trayvon Martin killing (335 comments)

Comment Preferences

  •  That's so true (1+ / 0-)
    Recommended by:

    and the problem was that the Provocation instruction was not given.  The Judge denied the State's motion to include it.  Then the jury had next to nothing to overturn GZ claim of self defense.  There's a diary or two on this very subject here and plenty of law professors who wrote that this was a major turning point in the trial.

    776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
    (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
    (2) Initially provokes the use of force against himself or herself, unless:

    There was provocation,  such as stalking  and  grabbing TM for the likely purpose of detaining him until the police arrived.  GZ had zero authority to do this.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site