Jury prevented from considering first aggressor Florida’s self-defense law prohibits "initial aggressors" from using force if their own conduct has provoked that force. So if a defendant "initially provokes the use of force" against himself, he cannot claim to have acted in self-defense, unless he withdraws or retreats. The prosecution asked the judge to instruct the jury that it could consider who was the first aggressor in the altercation between Zimmerman and Martin. If the judge had agreed to give that instruction, the jury might have concluded that, by following Martin, Zimmerman provoked a physical response from Martin. The defense objected to the instruction, and the judge decided not to give the first aggressor instruction. The jury was instructed to consider only whether Zimmerman reasonably believed deadly force was necessary to prevent imminent death or great bodily harm to himself - when he later tussled with Martin on the ground. The jury was also told Zimmerman had no duty to retreat, that he could stand his ground, and meet force with force- including deadly force - if he was not engaged in an unlawful activity and was attacked in a place he had a right to be. Finally, the judge instructed the jury that if it had a reasonable doubt about whether Zimmerman was justified in using deadly force, they should find him not guilty.
Posted on: Thu, 18 Jul 2013 12:04:01 +0000
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