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It is a tough legal argument but it can occur. HyogaRott Send a noteboard - 12/07/2013 01:24:11 AM

A punches B
B beats up A
A ceases fighting
B does not stop
by not stopping B has become the aggressor
A can now attempt a self-defense justification on lethal force to stop B's assault.

-This does not absolve A of the initial criminal assault however, there is simply now 2 criminal assaults that have occurred; one by A and one by B.

It is a legal parallel to the person who defends his home or family or business from an intruder. If you break into my house and I let you have it with both barrels of Ole Betsy, then I am legally justified. However, if I reload and then shoot you again while you are down, I have committed murder (that is why having a large capacity magazine is great, no reload window).

There have been some criminal cases of this nature, and many civil ones.

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Looks like Zimmerman is going to be acquitted..... Anonymous2000 - 09/07/2013 08:54:18 PM 1180 Views
I've figured this since the first week of testamony imlad - 09/07/2013 09:06:59 PM 819 Views
I'm not sure someone being punished excessively is a good reason to mimic it Isaac - 09/07/2013 10:26:51 PM 583 Views
Excellent response, you covered everything I would have wanted to. *NM* A Deathwatch Guard - 10/07/2013 06:48:15 PM 287 Views
Thanks *NM* Isaac - 11/07/2013 01:35:15 AM 235 Views
Nutty reply by you as usual.....but..... Anonymous2000 - 09/07/2013 10:36:45 PM 652 Views
coming from your side of the aisle, I take that as a compliment. :-) imlad - 11/07/2013 12:18:07 AM 791 Views
All right, let's talk about Yoda, this so-called 'wise' Jedi Grandmaster Isaac - 11/07/2013 01:34:57 AM 539 Views
Yep that Yoda. ranagrande - 11/07/2013 02:26:03 AM 689 Views
It is a time-honoured US criminal justice tradition after all Jay Sherman - 10/07/2013 10:06:35 PM 508 Views
The prosecution has been terrible in this case. It reminds me of the OJ prosecution. Tom - 10/07/2013 10:58:50 PM 521 Views
Re: The prosecution has been terrible in this case. It reminds me of the OJ prosecution. imlad - 11/07/2013 12:20:39 AM 660 Views
When one person is on top of another beating him up..... Anonymous2000 - 11/07/2013 04:22:02 AM 584 Views
As a person who has been trying not to follow the case Roland00 - 11/07/2013 04:07:01 PM 589 Views
Yeah, but you are forgetting something rather important HyogaRott - 11/07/2013 06:41:54 PM 610 Views
I am sorry but that is not quite true Roland00 - 11/07/2013 07:10:19 PM 613 Views
Go review the timeline it is available online. *NM* HyogaRott - 11/07/2013 07:22:43 PM 228 Views
I am having a hard time believing that you can justifiably kill in a fight you started and lost Jay Sherman - 11/07/2013 09:51:00 PM 496 Views
It is a tough legal argument but it can occur. HyogaRott - 12/07/2013 01:24:11 AM 521 Views
Home defense is an entirely separate situation than an aggressor losing a fight Jay Sherman - 12/07/2013 10:13:42 PM 572 Views
It really isn't too hard to find, if you bother to look. HyogaRott - 12/07/2013 11:41:35 PM 1024 Views
I understand the theory, and military court is not quite the same as common law, yes? Jay Sherman - 12/07/2013 11:52:54 PM 577 Views
MIlitary courts are also based on common law, just shifted for military realities HyogaRott - 12/07/2013 11:59:24 PM 591 Views
Re: MIlitary courts are also based on common law, just shifted for military realities Jay Sherman - 13/07/2013 12:21:06 AM 595 Views
I will stipulate to everything you just said, but disagree with your conclusion. HyogaRott - 13/07/2013 12:58:10 AM 572 Views
Stumbled accross the actual Florida statute that explicitly covers what I described. HyogaRott - 15/07/2013 04:28:06 PM 866 Views
There is no call for self-defense for a fight you initiated yourself Jay Sherman - 11/07/2013 06:34:46 PM 591 Views
Once again, following someone doesn't justify assault. Anonymous2000 - 11/07/2013 07:34:09 PM 486 Views
Thank god the perpetrator got shot Roland00 - 11/07/2013 07:48:12 PM 537 Views
And once again, when did Zimmerman identify himself as the neighbourhood watchman? Jay Sherman - 11/07/2013 08:59:28 PM 574 Views
He was under no legal obligation to do so. HyogaRott - 12/07/2013 01:39:45 AM 547 Views
He was also under no legal obligation to follow Martin, despite being neighbourhood watchman Jay Sherman - 12/07/2013 05:15:00 PM 697 Views
Except that there is exactly zero evidence to support your scenario. HyogaRott - 12/07/2013 06:00:05 PM 609 Views
If you don't care one way or the other, why are you arguing so strongly for acquittal? Jay Sherman - 12/07/2013 10:06:00 PM 530 Views
You covered several areas... HyogaRott - 12/07/2013 11:28:18 PM 553 Views
A couple of points... Jay Sherman - 13/07/2013 12:15:47 AM 605 Views
I have to disagree about the manslaughter HyogaRott - 13/07/2013 12:45:32 AM 487 Views
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