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<blockquote data-quote="MAKAVELI" data-source="post: 2855201" data-attributes="member: 43825"><p>Zimmerman was the aggressor and Trayvon had the right to defend himself. The true thug wasn't the one with a bag of Skittles and a can of Iced Tea, but the one with a gun looking for an excuse to use it.</p><p><a href="http://m.huffpost.com/us/entry/3596685" target="_blank">What You May Not Know About the Zimmerman Verdict: The Evolution of a Jury Instruction | HuffPost</a></p><p>In Zimmerman’s trial, however, the defense used <em>Gibbs</em> to persuade the trial court to strike the initial aggressor instruction in its entirety. Faced with the argument, the prosecution failed to distinguish between an accurate instruction reflecting Florida law and giving no instruction at all.</p><p>A properly instructed jury should have heard the complete law of self-defense in Florida, not just the portions that helped Zimmerman. Had the jury been instructed about the initial aggressor exception, it might have concluded that Zimmerman’s following of Martin, though itself not criminal, was reasonably apprehended by Martin as a “threat of force.” Put another way, the jury might have concluded that Martin was the one acting in self-defense during the physical confrontation that preceded the gunshot, making Zimmerman the aggressor.</p></blockquote><p></p>
[QUOTE="MAKAVELI, post: 2855201, member: 43825"] Zimmerman was the aggressor and Trayvon had the right to defend himself. The true thug wasn't the one with a bag of Skittles and a can of Iced Tea, but the one with a gun looking for an excuse to use it. [URL='http://m.huffpost.com/us/entry/3596685']What You May Not Know About the Zimmerman Verdict: The Evolution of a Jury Instruction | HuffPost[/URL] In Zimmerman’s trial, however, the defense used [I]Gibbs[/I] to persuade the trial court to strike the initial aggressor instruction in its entirety. Faced with the argument, the prosecution failed to distinguish between an accurate instruction reflecting Florida law and giving no instruction at all. A properly instructed jury should have heard the complete law of self-defense in Florida, not just the portions that helped Zimmerman. Had the jury been instructed about the initial aggressor exception, it might have concluded that Zimmerman’s following of Martin, though itself not criminal, was reasonably apprehended by Martin as a “threat of force.” Put another way, the jury might have concluded that Martin was the one acting in self-defense during the physical confrontation that preceded the gunshot, making Zimmerman the aggressor. [/QUOTE]
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