YokelRidesAgain said:
normalhorn said:
Does the Officer's body cam video damage defense's argument for Stand Your Ground? Murderer had the means and opportunity to flee the victim's presence when he felt his life was in jeopardy, but proceeded to stay in proximity with the victim
"Stand your ground" means that you don't have a legal obligation to retreat if able (e.g., if someone comes in your home with a knife and you could climb out of an open window instead of shooting them, you don't have a legal obligation to do that).
The framework the defense is trying to lay is that Anthony did not have an obligation to leave the tent when Metcalf told him to, which is likely true as a matter of law.
That is a necessary but not sufficient part of his attempt at a self defense claim; the problem for Anthony is that being pushed or shoved does not create a reasonable basis for fearing for one's life.
It's unfortunate that there is even an argument made on this as being "a matter of law".
We live in a civilized society that has laws, and it has unwritten rules. Many of those rules are understood by all of us, and the fact that we agree to follow them is what allows this society to remain civilized rather than degrading into anarchy.
It's not illegal to cut in line, but we all agree it's an abhorrent practice.
It's not illegal to ignore that someone has a table at a restaurant, and then invade their space by taking a seat at an occupied table. But, I hope we all agree it's an abhorrent practice.
There are many other examples, but hopefully my point is clear. A team tent is universally recognized as a personal space for the team - even in a public stadium. As a member of an opposing school, entering and sitting in the team space without permission is a provocation, pure and simple.
If we have to rely on written laws to enforce common decency, we've already lost the battle of maintaining civilized society.
