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Old 05-06-2012, 06:59 AM   #23
scottw
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Quote:
Originally Posted by likwid View Post
If you were in NY it was a huge case.

So tell us scott, what are the similarities?
"There are many similarities between the Scott-Cervini case and the George Zimmerman-Trayvon Martin case in Florida. In both cases, there had been a spate of criminal activity in the neighborhood. In both cases, the shooters called 911 to report suspicious activity, yet chose to confront the unarmed suspects outside their residence and off their own property prior to the arrival of the police. In both cases, the shooters claimed that they felt threatened, and fired in self-defense. In both cases, local law enforcement applied relevant state law.

Unlike Florida, New York does not have a "stand your ground" law. New York law allows a person to use deadly force to defend his residence from home invasion only as a last resort. It does not allow the use of deadly force to prevent a property crime, and requires retreat if possible. Thus, while Zimmerman was not arrested under Florida law, Scott was tried for manslaughter.

New York law does allow a person to use deadly force anywhere, including off his own property, if he feels that his life is in imminent danger and retreat is not possible. Despite the fact that he left his own property, confronted, and shot dead an unarmed white person thought to be committing a petty property crime, Scott was acquitted by a majority-white jury after claiming that the Cervini charged at him, putting him in imminent fear of his life."



I don't think Martin was shot because he was smuggling Skittles or profiled for wearing a hoodie, he was shot because he somehow ended up on top of Zimmerman beating his head into the ground(I'm just going by the evidence), how he ended up there is a matter for the jury to decide but I don't think I'd be justified if I was being followed by a homeless person asking for change and ended up on top of them beating their head into the sidewalk because they were bothering me or profiling me as someone who might give them some money..they have a right to be on the sidewalk just as I'd have a right to walk past them, if they ask me a question or even harass me verbally, I don't have a right to beat them...
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