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I'm pretty sure bypassing a SYG hearing leaves you open to civil suit, and that's probably proper Isaac Send a noteboard - 19/07/2013 06:51:38 PM

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Needless to say, trial lawyer organizations hate it almost as much as they hate tort reform.

Prior to the SYG laws, even if acquitted at trial based on self-defense, you could, and often were sued civilly. It became a clichéd joke about the burglar or mugger who would sue you for "unsafe working conditions" but sadly it was often the case.

SYG grants immunity from being sued by the person you are defending yourself against. It also stopped all prosecution after a judicial hearing (much cheaper for all parties than litigating a full jury trial). There is another provision (though I am not sure how it operates in practice) that can make the state libel for defending yourself in a criminal action that is deemed Stand Your Ground.

In the Zimmerman case, the defense elected not to persue a Stand Your Ground immunity before trial. However, they have essentially stated that they will do so if the Martin family, or anyone else, files civil suit against them. Zimmerman would most likely win any such SYG hearing based on the fact that he has already been criminally acquitted based upon a self-defense assertion.

I am not sure if attaing SYG status after the criminal trial, when they elected not to have the hearing pre-trial, would triger the states financial obligation for the defense or not. Personally, I don't think it should; but as a matter of law it may. Isaac might have an idea there.


I'm pretty sure a criminal trial, requiring beyond a reasonable doubt, won't be allowed to apply. Civil is preponderance of evidence and I'm pretty sure SYG hearings require the defendant to prove SD by preponderance of evidence too. Essentially in a criminal the prosecution has to prove beyond a reasonable doubt but someone can have a SYG where they prove by a preponderance of evidence (more likely than not) that it was SD, same standard as in a civil case. I think (again, not a lawyer) that if the SYG hearing results in equipoise or less its broken and goes to criminal trial, and so the defense has to prove that the killing was more likely than not to have been SD. That is the basis, essentially, for immunity for civil cases because that's the same standard, that the jury or jurist sides with whichever side is more likely than not to be right, rather than beyond a reasonable doubt. By bypassing that I would say someone would not and should not be held exempt from civil suits, because all they've shown is that they aren't guilty beyond a reasonable doubt rather than more likely than not innocent.

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Okay, how can you use the Trayvon Martin case AGAINST the stand-your-ground laws? - 17/07/2013 10:15:55 PM 949 Views
You forgot to mention that Zimmerman didn't actaully use a stand your ground defense *NM* - 18/07/2013 02:03:51 AM 310 Views
the judge included it in the instructions to the jury - 19/07/2013 04:37:43 AM 507 Views
I love the let me say my piece then end the convesation tactic - 19/07/2013 11:50:02 AM 491 Views
Sources - 19/07/2013 12:35:39 PM 620 Views
so she did - 19/07/2013 01:08:08 PM 478 Views
um, when did the collegiate sports organization get involved in politics? - 18/07/2013 08:17:24 PM 846 Views
I imagine he meant to type NAACP. *NM* - 18/07/2013 08:25:26 PM 253 Views
It's a combination of even more guns in circulation and no duty to retreat if you feel threatened - 18/07/2013 09:13:47 PM 472 Views
blacks are incarcerated at a higher rate because they commit crime at a higher rate - 19/07/2013 04:31:06 AM 502 Views
[citation needed] - 19/07/2013 06:12:04 PM 443 Views
Don't be tedious, such a claim is unprovable but also the most logical inference - 19/07/2013 07:10:22 PM 500 Views
If logic says so, then obviously that must be the only course of action possible.... - 19/07/2013 07:44:44 PM 570 Views
Um, how'd you get that out of my remarks? - 19/07/2013 08:48:09 PM 466 Views
Honestly, I feel like we are getting into some dangerous territory here - 24/07/2013 06:25:15 PM 547 Views
I wonder what we can call the racism version of Godwinning. - 24/07/2013 07:01:20 PM 474 Views
Reductio ad Racism maybe? *NM* - 24/07/2013 08:16:28 PM 220 Views
We? I don't feel I'm in dangerous territory at all - 24/07/2013 08:10:24 PM 415 Views
lets look at your numbers becuase they are interesting - 20/07/2013 03:25:31 PM 466 Views
SYG really only introduces one new thing to self defense assertions, civil immunity. - 19/07/2013 04:07:16 PM 572 Views
I'm pretty sure bypassing a SYG hearing leaves you open to civil suit, and that's probably proper - 19/07/2013 06:51:38 PM 555 Views

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