Many people across the commonwealth of Pennsylvania, and for that matter across the country were dismayed by the not guilty verdict rendered by the jury in the George Zimmerman trial.

It is important to differentiate between the "Stand Your Ground" law and a claim of self-defense.

Zimmerman's lawyer did not use a "Stand Your Ground" defense. He used the traditional claim of self-defense.

There were documented marks on the back of Zimmerman's head from Trayvon Martin repeatedly hitting it into the ground. He had a broken nose from being hit by Martin.

Zimmerman was in fear for his life from the beating he was taking from Martin.

His reaction, to shoot Martin, was in self-defense.

In Mark Reccek's Another View, published in The Press July 25, he quoted the requirements for Pennslyvania's new Stand Your Ground law, which requires the assailant to display a weapon.

Under Pennsylvania's "Stand Your Ground" statute (18 PA consolidated statutes 505(b)(2.3)), adopted two years ago, a person in any lawful place outside his home "has no duty to retreat and has the right to stand his ground and use force, including deadly force if ... (he) believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat."

The key change in "Stand Your Ground" is the wording "no duty to retreat."

Before "Stand You Ground," individuals outside their home needed to first attempt to flee from a threatening assailant before using deadly force.

In addition, Pennsylvania's "Stand Your Ground" law states deadly force may not be used unless the person against whom force is used displays or uses a firearm or any other weapon readily or apparently capable of lethal use.

However, the law regarding self-defense by someone who uses deadly force, such as a smaller woman, who fears for her life from a bigger man who is violently punching her or banging her head into the ground, has not changed.

Pennsylvania criminal law allows for the use of deadly force anytime a faultless victim reasonably believes unlawful force, which will cause death or grievous bodily harm, is about to be used on him or her.

Whether charges are filed or not by police or the district attorney depends on the totality of the circumstances surrounding each individual case of use of deadly force.

If charges are filed, as in the Zimmerman case, the decision rests ultimately in the hands of the jury.

Deb Palmieri

editor

Parkland Press

Northwestern Press