LACUNAE IN SELF DEFENSE LAWS

              LACUNAE IN SELF - DEFENSE LAW

           THE VERDICT OF TRAYVON MARTIN MURDER CASE 

 

        A STUDY BY   KALYAN KUMAR MAHATA  (APU)

 

FLORIDA CONSTITUTIONAL ARTICLE 1 & 2 :

   ( ORIGINALLY ENACTED IN 1838 IN ART. 1 & 1 STATING " THAT ALL FREEMAN, WHEN THEY FORM A SOCIAL COMPACT, ARE EQUAL, AND HAVE CERTAIN INHERENT AND INDEFEASIBLE RIGHTS, AMONG WHICH ARE THOSE OF ENJOYING AND DEFENDING LIFE AND LIBERTY ; OF ACQUIRING, POSSESSING, AND PROTECTING PROPERTY AND REPUTATION, AND OF PURSUING THEIR OWN HAPPINESS, " AND CHANGED IN VARIOUS WAYS IN 1865, 1868, 1885, 1985, 1968, 1974 AND 1998 ).

EUGENE VOLOKH EXPLAINS IN STATES CONSTITUTIONAL RIGHTS OF SELF - DEFENSE (VOL. II) FOR FLORIDA : 

" ALL NATURAL PERSONS, FEMALE AND MALE ALIKE, ARE EQUAL BEFORE THE LAW AND HAVE INALIENABLE RIGHTS, AMONG WHICH ARE THE RIGHT TO ENJOY AND DEFEND LIFE AND LIBERTY, TO PURSUE HAPPINESS, TO BE REWARDED FOR INDUSTRY, AND TO ACQUIRE, POSSES AND PROTECT PROPERTY ; EXCEPT THAT THE OWNERSHIP , INHERITANCE , DISPOSITION AND POSSESSION OF REAL PROPERTY BY ALIENS INELIGIBLE FOR CITIZENSHIP MAY BE REGULATED OR PROHIBITED BY LAW. NO PERSON SHALL BE DEPRIVED OF ANY RIGHT BECAUSE OF RACE, RELIGION , NATIONAL ORIGIN , OR PHYSICAL DISABILITY . " 

THE SELF - DEFENSE LAW OF FLORIDA (USA) IS DISCUSSED HERE AS THERE ARE DIFFERENT LAWS FOR DIFFERENT DISTRICTS IN UNITED STATES OF AMERICA.  

THE MURDER OF INNOCENT UNARMED 17 YEARS  OLD TRAYVON MARTIN  OPENLY IN THE COMPLEX AREA IN SANFORD CITY IS A CASE OF DEATH LIKE ANY OTHER HOMICIDE. ACCORDING TO THE MEDICAL EXAMINER REPORT, THE CAUSE OF DEATH WAS DUE TO A GUNSHOT WOUND ON LEFT CHEST OF TRAYVON MARTIN WITHIN AN INTERMEDIATE RANGE. THERE WERE IDENTIFICATION SCARS ON RIGHT SHOULDER ( 1*1/2 INCH SCAR ) AND RIGHT HAND ( 1*1/2 INCH SCAR ).

( REPORT : ME # 12 - 24 - 043   

 DATE OF EXAMINATION FEBRUARY 27, 2012 AT OFFICE OF THE MEDICAL EXAMINER  FLORIDA , DISTRICTS 7 & 24 . )

AS A RESULT OF FIGHTING IN VERBAL ARGUMENTATION AND PHYSICAL ASSUALT BETWEEN TRAYVON MARTIN AND GEORGE ZIMMERMAN , THE OWNER  OF ARM AND AMMUNITION SUCCUMBED TO OVERPOWER THE VERY COMMON BOY WHO HAD BEEN ALLEGEDLY CONVICTED IN THE DISTRICT COURT OF FLORIDA AS A PROVOCATIVE ATTACKER AFTER HIS DEATH . THE ONE - SIDED EVIDENCE OF SCARS ON RIGHT SHOULDER AND RIGHT HAND OF TRAYVON MARTIN PROVED THE POWERFUL ATTACK HAD BEEN MADE BEFORE A GUNSHOT. BUT TRAYVON MARTIN COULD NOT SUCCEED TO PROTECT HIMSELF AS THE DEFENSE MECHANISM OF SELF DEFENSE RULES BECAME WEAKENED BOTH IN RESPECT OF BODY WEIGHT AND ARM HOLDING PARAMETER. 

FLORIDA'S STATE ATTORNEY OFFICE RELEASED PREVIOUSLY UNSEEN PHOTOGRAPHS OF THE WOUNDS OF GEORGE ZIMMERMAN ON THURSDAY,  17 MAY 2012 .

THE ATTACKER SURVIVOR AND THE PROVOKING ATTACKER ( THE PERSON DIED IN THE CLASH ), BOTH HAD THE RIGHT TO SELF - DEFENSE. ANOTHER WAY  FOR THE SURVIVED GEORGE ZIMMERMAN, THE SPECTATORS ENHANCED THE CONFRONTATIONAL TRIALS IN THE COURT ROOM TO THE JUSTICE DEPARTMENT TO ACQUIT HIM . 

FOR A SENTENCE TO PUNISHMENT TO THE GUN SHOOTER,    THE TRUTH OR AL - HAQ  IN  INTER ALIA IS ONE - SIDED PROOF FOR EVIDENCE AS THE ANOTHER SIDE IS LOOPHOLED IN THE JUDGEMENT , SO THE ADVOCACY  FOR THE VICTIM OF THE 'GUNSHOT WOUND' ON THE CHEST COULD NOT DEFEND THE PEACE AND JUSTICE. AS A CONSEQUENCE MANY A THOUSANDS OF PEOPLE IN HUNDREDS OF CITIES ARE DEMONSTRATING PROTESTS AGAINST THE VERDICT ORDERED BY THE COURT IN FLORIDA. 

A WORTH NOTE :

IT IS DIFFICULT TO ESTABLISH THE CAUSE OF DEFENSE BY TRIGGERING AT THE OPPONENT. THE SPONTANEITY OF USING THE GUN TO FALL SHOT DEAD ON THE GROUND  ZERO NEED A GAP OF TRUMPING MOMENT WHICH CAN NOT DETERMINE THE INTENTION OF THE SHOOTER. THE LEVEL OF PUNISHMENT FOR THE MURDERER HAD BEEN DECIDED  BY THE JUROR EXAMINING THE MOTIF OF THE GUN SHOOTER .  POINT TO BE NOTED THAT THE AUTOPSY REPORT DOES NOT MATCH WITH THE SERIES OF TRIAL FOR GEORGE ZIMMERMAN, AS THERE IS NO ANY REVELATION OF EMOTIONAL EXPRESSION WHETHER THE ACT WAS DONE INTENTLY OR CIRCUMSTANCES COMPULSION GUIDED TO SHATTER THE LIFE OF THE ENEMY TRAYVON MARTIN PERMANENTLY. THERE WAS NO INTENTION TO KILL  TRAYVON MARTIN BY  GEORGE ZIMMERMAN , ACCORDING TO THE COURT'S VERDICT THAT IS YET TO BE PROVED PRACTICALLY. THE PSYCHOLOGICAL PROVING WAS NO FOUND IN THE DOCTOR'S EXAMINATION. THERE WERE NO RECORDS PROOF OF VISIONARY FOOTAGE OR THE THE MOMENTARY PSYCHOLOGICAL AFFLICTION OF BOTH DUO.

 

THE WHITE GLOSS , BLACK MAGIC , ASIAN TRADITION , LATINO INFLUENCE AND THE PRIMITIVE CULTURE ARE NOT CONFINED IN SILENCE INTO THE PANDORA'S BOX , THE SYSTEM OF JUSTICE DEPARTMENT MAY VARY BUT NOT THE JURY AND THE LAW TO ESTABLISH THE TRUTH BEFORE PUBLIC IN THE SOCIETY .