"These laws try to fix something that was never broken," Holder said at the Orange County Convention Center. "There has always been a legal defense for using deadly force if - and the 'if' is important - no safe retreat is available. But we must examine laws that take this further by eliminating the common sense and age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely" (Holder lashes out at SYG lawsThere are three very basic flaws in Holder's arguments.
First, the US Supreme Court has upheld the basic right to self defense in numerous cases, most notably Heller. Self defense is a right; there is no duty to retreat. So once again the good AG is trying to create a legal duty where none exists.
Second, the Zimmerman trial was never about SYG; it was the self-same self defense plea to which Holder refers in his speech. Holder states that citizens have a duty to retreat, yet the jury determined that Zimmerman was unable to retreat. Therefore, he was entitled to his use of lethal force to preserve himself from great bodily harm and death.
But the most important ramification of Holder's speech is this: Holder made the statement, "... people who feel threatened have a duty to retreat..." The context of this statement is Holder's stated contention that Zimmerman exercised his right to employ lethal force before making an adequate attempt (whatever THAT is) to retreat.
Now, the prosecution's testimony was that MARTIN was the threatened party. Zimmerman was following him, and according to testimony from Martin's girlfriend, Martin felt threatened. The logical conclusion, therefore, under Mr. Holder's argument, would be that MARTIN should have been the one with the duty to retreat - which we know did not happen.
But that isn't what Holder said.
He said that it was ZIMMERMAN who had the duty to retreat.
This poses a real problem for his contention that Martin was the victim. In the light of his stated argument that the victim/defender has the duty to retreat, one can only draw one conclusion: if Zimmerman had the duty to retreat, then MARTIN was the aggressor.
In other words, Mr. Holder just declared Martin to be the aggressor and Zimmerman the victim/defender.
Thank you, sir, for clearing that up for us. You just confirmed the jury's verdict.
Now leave our SYG laws, which played absolutely no part in this case, alone.
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