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Originally Posted by Jel
Here in the UK that would count as threatening behaviour (causing the other to feel harassed/threatened), and in reality you should be able to defend yourself if you genuinely feel threatened. It's that basic survival thing of fight or flight, and in a fraction of a second your brain has decided independently which of the two it's going to be.
Proving that you genuinely felt threatened and therefore the 'fight' kicked in (and imo should be an absolutely viable and total legal defence - I'd return a not guilty in a heartbeat, every single time if I were a juror) is a different matter of course. I say all this merely to stimulate further discussion, as I'm no legal expert, obviously.
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I think that in most states here its basically the same. There is a major line drawn between everything and getting physical. Unless there is a reasonable belief of a serious threat (meaning the threat of being severely injured or killed), you can't get physical someone. That is also very tough to prove... because in the absence of witnesses, you can't easily prove you believed yourself to be in serious danger. Its just one guys word against another. But two low lifes just standing there calling each other pussy, cracker and n|gger isn't going to pass that test in any state. Also the facts suggest that Martin was where he was not supposed to be (running between houses etc), doing something he was not supposed to be doing and Zimmerman was where he was supposed to be , doing something he was supposed to be doing (making sure shady people arent running around in the dark, up to no good as he called 911 to report it).
At the end of the day, i am guessing that the facts (each parties wounds, Zimmermans account and eyewitness testimony and so on) are all consistent with Zimmerman being attacked. The only way that would be justifiable for Martin to attack i think in any state here would be if it could be proven that Martin thought his life was in danger or he was moments from being attacked. Someone following you and demanding to know who you are and where you are going isn't enough. Besides, its hard to prove when Zimmerman is on the phone with 911 most of the time and he's requested police assistance and police are being dispatched.
The real tragedy of this case is not that one loser lost his life and another loser is being charged with murder... its that today and yesterday have clearly shown that the prosecution has no case whatsoever, yet charged him with murder. That's something that needs to be looked at more than gun control or alleged racism.... and the fact that the media started crying racism from day one, while showing mugshots of Zimmerman and pics of Martin when he was 12 years old to paint a very warped picture and distort the story.