Quote:
Originally Posted by DaddyTorgo
RainMaker wasn't saying there WAS a negligent action, just that he thinks if your actions lead to the death of another person you should be held liable (given that "negligence" has a precise legal definition perhaps that's not a word we should be using). Which is a good idea IMO.
|
I guess I still wonder - why isn't the only problem with the force proportionality requirement? Didn't Zimmerman AT LEAST have the right to defend himself with his fists? Or was he legally required to just lie there and take it? To me the only real issue here is that he pulled out a gun in the middle of a fist fight. I would say that was not a proportional force response. In my state, this would be a much more difficult sell because the statute only allows a person to use the force "necessary" to prevent the harm.