Is Florida's "stand your ground" law the reason Zimmerman has not been arrested?

Zimmerman claims Martin knocked him down and repeatedly smacked his head against the pavement. He says his gun was exposed during the scuffle and he feared Martin would grab it, so he drew the pistol and fired. In these circumstances, a right to "stand your ground" would make no difference, since there would be no feasible way to safely escape.

Under Florida law, the crucial question is whether Zimmerman reasonably believed deadly force was necessary to prevent Martin from killing or seriously injuring him. The same defense would have been available to him under the "duty to retreat" standard that applied in public places prior to 2005—even if Zimmerman threw the first punch.

Another change to the law seems more relevant: To arrest Zimmerman, police need "probable cause" to conclude not simply that he killed someone but also that his use of force was unlawful. Yet probable cause is the same test that applies to all other crimes, and if it has not been met so far the fault probably lies in an incomplete investigation, rather than the requirement that police have a "reasonable belief" a suspect broke the law before they charge him.

Showing probable cause, of course, is not the same as proving guilt beyond a reasonable doubt—something to keep in mind if, as now seems likely, George Zimmerman's claims are scrutinized by a jury.

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Posted by John J. Ray (M.A.; Ph.D.).