Will George Zimmerman Actually Stand Trial for Killing Trayvon Martin?
Since it was reported that George Zimmerman killed Trayvon Martin, the media has talked a lot about Florida's Stand Your Ground law. But what does that law actually say and how might it affect Mr. Zimmerman's case?
Florida's Stand Your Ground Law states in relevant part that "[a] person who is not engaged in an unlawful activity and who is attacked in any other place where he . . . has a right to be has no duty to retreat and has the right to stand his . . . ground and meet force with force, including deadly force if he . . . reasonably believes it is necessary to do so to prevent death or great bodily harm to himself."
If Zimmerman can establish that he was complying with this law when he killed Trayvon Martin, then he should not be convicted of second degree murder. But not only that. If he can establish that he complied with that law, he should not have to stand trial at all. Why not? Because in the case of Clarence Dennis versus the State of Florida, the Florida Supreme Court stated:
"While Florida law has long recognized that a defendant may argue as an affirmative defense at trial that his or her use of force was legally justified, [the Stand Your Ground Law] contemplates that a defendant who establishes entitlement to the statutory immunity will not be subjected to trial. [The Stand Your Ground Law] expressly grants defendants a substantive right to not be arrested, detained, charged, or prosecuted as a result of the use of legally justified force. The statute does not merely provide that a defendant cannot be convicted as a result of legally justified force."
But how would Zimmerman get the judge who is handling his case to actually decide whether he will have to stand trial? According to the Dennis case, his lawyer will have to file a motion to dismiss his case. Of course, whether his lawyer will eventually decide to file such a motion remains to be seen.
Hello to you Sir, I do believe that if George Zimmerman's Attorney files a motion to dismiss and if that motion is denied it may be what ultimately gets him convicted of 2nd degree murder. Please tell me what your thoughts are on this. If his defense is he was standing his ground then if judge does not throw the case out, there will not be any weight behind his defense .
Attorney Chapman's response:
Zimmerman can still argue self-defense to a jury even if the judge denies a motion to dismiss his case. One has nothing to do with the other.
If Zimmerman's attorney file a Motion to Dismiss based on "Stand your ground immunity" they would be entitled to an evidentiary hearing and the burden is on the State to prove by a preponderance of the evidence that he is not entitled to immunity. This would give Zimmerman's attorneys a chance to test the strength of the prosecutions case, which in my opinion, is weak at best.
Even if they lose on the MTD they are still better prepared to go to trial.
As I understand it, during the hearing of the motion to dismiss the judge (alone) will rule on Zimmerman's immunity to actual prosecution, based on self-defense, and on satisfying the elements of the statute (not engaged in illegal activity etc).
Zimmerman must show this through a preponderance of the evidence.
If that is not successful, Zimmerman may still raise the defense to the jury, which will only require that he show a reasonable doubt that he acted in self-defense (and otherwise satisfied the statute).
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HerbM