the double standard??? - Page 2

the double standard???

This is a discussion on the double standard??? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; The replies in this thread are making me a fan of the FL standard about not being immediately arrested when claiming self defense....

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  1. #16
    Distinguished Member Array noway2's Avatar
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    the double standard???

    The replies in this thread are making me a fan of the FL standard about not being immediately arrested when claiming self defense.


  2. #17
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    I didn't mean to imply that no one is ever arrested on the spot in FL, only that an investigation is required before an arrest. Depending on circumstances and evidense on the scene, that may be from 5 minutes to never. I personally feel that the LEOs were correct in not arresting Zimmerman on the spot as so many demanded. When the facts of his SD claim became questionable (in some minds) the arrest was made. Whether his claim holds up is up to the legal system.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Quote Originally Posted by noway2 View Post
    The replies in this thread are making me a fan of the FL standard about not being immediately arrested when claiming self defense.
    Which could change in the near future.

  4. #19
    Distinguished Member Array kelcarry's Avatar
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    Quote Originally Posted by OPFOR View Post
    To sum up: Don't sweat it. If you are forced to use lethal force to defend yourself, you will face legal scrutiny of a pretty serious nature. If you were justified and within the law, you will (almost certainly) prevail, though the experience is unlikely to be a pleasant one. This is the system in which we live, and it's the worst one imaginable....except for all the others.
    Seems to me that this is the correct answer. You MAY or COULD be arrested should not be what concerns you when you ARE in an imminent threat of death or great bodily injury and it should not be entering your mind; if it does, there is a good chance that you will die or suffer extreme bodily injuries. Just remember to use situational awareness to its fullest, park your testosterone in a drawer when you are CC and avoid any and all confrontations even if the other guy is a schmoe, retreat if you can while loudly yelling about not wanting to have a problem (witnesses), and when all else fails and your basic common sense has now told you that "it is showtime", you do not hesitate to defend yourself.

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    Quote Originally Posted by OldVet View Post
    Blanket statements such as this only foster legal inaccuracies. Perhaps the law in MI is written such that all those involved in any shooting must be arrested, but that is not the case everywhere else. There are many case here in FL where the shooters in a SD incident are never arrested and or charged. It depends entirely on the circumstances and if they support a claim of SD.
    I re-read his statement several times, and found no legal inaccuracies. It is essentially what my (paid) lawyer told me.

    Quote Originally Posted by OldVet View Post
    I didn't mean to imply that no one is ever arrested on the spot in FL, only that an investigation is required before an arrest. Depending on circumstances and evidense on the scene, that may be from 5 minutes to never. I personally feel that the LEOs were correct in not arresting Zimmerman on the spot as so many demanded. When the facts of his SD claim became questionable (in some minds) the arrest was made. Whether his claim holds up is up to the legal system.
    If Zimmerman had followed the advice to which you have taken exception, his defense team would have much less to deal with.

    Quote Originally Posted by dbglock View Post
    Which could change in the near future.
    Whether it changes or not does not alter the soundness of the advice to plan on being arrested, and keep your mouth beyond the basics of what happened until your lawyer is present.
    Last edited by SIXTO; November 16th, 2012 at 12:16 PM.
    The hardest thing to explain is the glaringly evident which everybody had decided not to see.
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  6. #21
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    Quote Originally Posted by Mike1956 View Post
    If Zimmerman had followed the advice to which you have taken exception, his defense team would have much less to deal with.
    I have no idea what you mean by "exception," but if he'd followed the advice of the 911 dispatcher and stayed in his vehicle, he would not have needed to defend himself or to have needed a defense lawyer. His actions after that is what makes his claim of SD "questionable." He involved himself rather than avoided. Because neither of us were there to witness what events actually took place, Neither of us can judge whether his claim of SD is true. Again, that's a matter for the legal system.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Quote Originally Posted by OldVet View Post
    I have no idea what you mean by "exception," but if he'd followed the advice of the 911 dispatcher and stayed in his vehicle, he would not have needed to defend himself or to have needed a defense lawyer. His actions after that is what makes his claim of SD "questionable." He involved himself rather than avoided. Because neither of us were there to witness what events actually took place, Neither of us can judge whether his claim of SD is true. Again, that's a matter for the legal system.
    Since Zimmerman gave not one but three lengthy statements to the police without the benefit of legal counsel, he is now facing murder charges. What about that do you not grasp?
    The hardest thing to explain is the glaringly evident which everybody had decided not to see.
    Ayn Rand

  8. #23
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    Quote Originally Posted by Mike1956 View Post
    Since Zimmerman gave not one but three lengthy statements to the police without the benefit of legal counsel, he is now facing murder charges. What about that do you not grasp?
    Since you entirely missed the point of my comments, let me explain once again--Being involved in a SD shooting does not automaticly mean a trip to jail in the back of a cruiser here in FL, as demonstrated by the Zimmerman case. BY LAW, an investigation must take place first before an arrest in any shooting where SD is claimed. That investigation may take minutes, days, weeks. He was not arrested immediately following the shooting--per FL statute--but only days later when portions of his story, unwisely without legal counsel perhaps, made his claim of justifiable SD questionable.

    And like I said--whether one is arrested at all in a SD shooting--in FL--depends entirely on the circumstances and evidense at the time. It is not automatic in FL as some in other states believe.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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