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Culture War Roundup for the week of May 20, 2024

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My understanding of the Zimmerman/Martin case is that there are no witnesses to how the altercation started between Martin and Zimmerman that ended up with Zimmerman on his back and forced to shoot Martin, but there is plenty of circumstantial evidence that it was a "fighting" situation. Clearly if you start the tape with Zimmerman on the ground then it looks like Zimmerman defending himself against a criminal attack by Martin, but there is no reason to think that Martin (who was going about his lawful business peacefully at the time, regardless of his rapsheet) would respond to Zimmerman following him in a car by hiding in the bushes on the offchance that Zimmerman came back to confront him on foot allowing Martin to jump him.

The most likely scenario and, roughly, the prosecution theory of the case, is that Zimmerman (legally but stupidly) confronted Martin to ask what he was doing, Martin took offence, two hotheads verbally escalated when they should have de-escalated, and blows were thrown. The tape starts when Martin has already won the fistfight and is trying to finish the job, and we see Zimmerman pull out a gun and finish it his way. Classical "fighting" scenario, except someone bought a gun to a fist fight. With reasonable doubt as to who threw the first punch, a clear acquittal under SYG.

Even if Zimmerman had verbally provoked Martin, he can still use force to defend himself if

"Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant"

Zimmerman pinned down by Martin (thus unable to escape) and having his head bashed fits that condition. Note this is NOT a Stand Your Ground rule -- a person who has provoked another DOES have a duty to retreat; this rule is intended to cover inability to safely escape, not unwillingness.