WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.


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Wednesday, April 18, 2012

Understanding "Stand Your Ground"

The slaying of Trayvon Martin by George Zimmerman has prompted national outrage over Florida’s “Stand Your Ground” law. Unfortunately, this law has been grossly misunderstood. Even CNN’s senior legal analyst mistakenly claimed that the law “allows a disproportionate response; if someone comes at you with a fist, you can reply with a gun.”

Some Floridians believe that if he or she is in any sort of danger they can use deadly force, no matter how unreasonable. These impressions of the law are wrong. In Florida, a person declaring self defense must prove that he logically believes that such force was required to protect himself from imminent and unlawful use of force by another person. And the person claiming self defense cannot be the initial aggressor. To use deadly force, as George Zimmerman did, a person must also reasonably believe that the aggressor threatened him with death, bodily injury or intended on committing a forcible felony such as robbery, kidnapping or rape. Under the “Stand Your Ground” law, Zimmerman must now prove that Martin was a mortal threat and his use of deadly force was justified.

Even with Florida’s “Stand Your Ground” law, Zimmerman will have difficulty proving a successful self defense claim. This law does not permit individuals to use disproportionate force during self defense and now Zimmerman will have have demonstrate that he reasonably feared for his life or great bodily harm. He will also have to prove that he was not the initial aggressor.

Musical Districts

The Florida Legislature is mired in the “politics of politics’. Currently, restructuring of legislative districts have led many to proclaim that the fix was in.

Assigning numbers to the 40 districts has proven to be quite the riddle. The Florida state senate staggers it’s elections in an effort to avoid a mass re-election fiasco that results in stagnation of the state’s affairs. As a result; odd numbered districts will allow a senator to serve two more years than an even number district. So, how do you divvy it up? East to west perhaps? That would work if the state were symmetrical. But the panhandle would negate that.

The other option is a lottery. It is certainly the most random. The senate has even consulted with the Florida Lottery regarding the matter. Some Senators made jokes about a bingo-style atmosphere that this has turned in to.

In a state where politics always seem to become an anomaly, the re-districting of the Florida Senate has lived up to that notion. A decision is yet to be made. As far as the courts and everyone else sees it, a lottery may be the answer... But as the saying goes:” You can’t win if you don’t play.”-- Time to play!