... the way the jury instruction were given and what the defense said during their presentation is that it didn't matter who instigated the confrontation, or the amount of injury, there didn't need to be any injury at all, it's what in the person mind at the time the fatal action occur, if you feel that you will suffer bodily harm or death then you can use deadly force with self defense being a affirmative defense. with that being said if martin would of killed zimmerman he too would of been able to claim self defense and gotten a not guilty verdict since in his mind he would of been defending himself from bodily harm or death.
Originally Posted by dreamvacationdates
.. as long as "what's in the mind" as a basis of the fear is "reasonable" ...
....but your description is a bit off ... or the defense attorney's is ...
It doesn't matter who 'instigated" a confrontation .. it matters who "initiated" it physically.
I can stand there and call you and your family every name in the book no matter how disgusting ... as long as I don't lay hands on your or threaten you with a weapon... you can't do squat. If you start to walk away ... I can follow you still calling you names. Still can't do squat ...
... I'm "instigating" a confrontation.
When you turn on me and slug me in the nose. You just 'initiated" it.