Tag Archive for: Barack Obama

George Zimmerman and the Inalienable Right to Self-Defense

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George Zimmerman was released from custody on Friday after posting a $1 million bond. Mr. Zimmerman faces second-degree murder charges. He has invoked Florida Statue 776.012, known as the “Stand Your Ground” law, as the basis of his justification to shoot Trayvon Martin.

A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. Under these legal concepts, a person is justified in using deadly force in certain situations and the “stand your ground” law would be a defense or immunity to criminal charges and civil suit. Florida statute 776.012 states:

Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

The right to self-defense has been addressed by the U.S. Supreme Court. In Beard v. U.S. (158 U.S. 550 (1895)) the SCOTUS found that a man who was “on his premises” when he came under attack and “…did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm…was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.”

Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States (256 U.S. 335, 343 (16 May 1921)), a case that upheld the “no duty to retreat” maxim, that “detached reflection cannot be demanded in the presence of an uplifted knife”.

The question is: Did Mr. Zimmerman use the necessary force to “prevent imminent death or great bodily harm to himself”?

The fact that Trayvon Martin was unarmed does not prevent the use of deadly force. The determination of “imminent death or great bodily harm” is determined by the person being attacked, not the attacker.

In a Fox News interview noted trial attorney Alan Dershotitz stated, “This affidavit submitted by the prosecutor in the Florida case is a crime. It’s a crime.”

“If she [Angela Cory, the Florida state attorney and special prosecutor who Gov. Rick Scott appointed to handle the case] in fact knew about ABC News’ pictures of the bloody head of Zimmerman and failed to include that in the affidavit, this affidavit is not the truth, the whole truth and nothing but the truth,” Dershowitz said. “It’s a perjurious affidavit.”

Even worse, Dershowitz warned that by overcharging Zimmerman, Cory may have planted the seed for riots if he is acquitted, as Dershowitz predicted will happen.

“If there are riots, it will be the prosecutor’s fault because she overcharged, raised expectations,” Dershowitz said. “This prosecutor not only may have suborned perjury, she may be responsible, if there are going to be riots here, for raising expectations to unreasonable levels.”

He said it is quite possible Zimmerman was guilty of a lesser charge, but the affidavit does not support a second-degree murder charge.

Florida Statute 776.012 allows defendants to make their self-defense case at a hearing presided over by a judge and without the use of a jury. If the judge deems self-defense was justified, the case can be dismissed without going to trial.

Florida Stand Your Ground Law:

2011 Florida Statutes CHAPTER 776 JUSTIFIABLE USE OF FORCE

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

776.041 Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Obama Turning Americans into “Economic Slaves”

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Florida Congressman Allen West (R-22) stated at a Port Saint Lucie campaign speech President that President Obama wants to turn Americans into “economic slaves.”

At the event Congressman West spoke about the importance of lowering taxes, minimizing regulations on business and bringing jobs back to Florida. Congressman West criticized President Obama on his failure to create private sector jobs.

“Self-esteem comes from doing esteemable things. Sitting at home and getting a check from the government is not going to help your self-esteem. What it will do is make you an economic slave to people living in a far, far, distant place,” West remarked.

Congressman West stated, “He does not want you to have the self-esteem of getting up and earning and having that title of ‘American’. He’d rather you be his slave and be economically dependent upon him.”

Congressman West said during a Conservative Black Forum said that President Obama “doesn’t have a vision for the black community” in America. Congressman West’s website notes:

“In the beginning, in chapter one, it talks about over the past 30 years, billions of dollars have been poured into black communities across the country in hopes of curing well-documented socio-economic problems including failing schools and adequate housing, rampant crime and drug abuse, black on black killings, unemployment and more,” West said. “Despite the courageous efforts of many local institutions, agencies, school leaders, grassroots organizations and community residents, the problems remain.”

“In many instances, these problems have grown worse,” he continued. “I believe it will take new ideas and new voices to find solutions, and that is exactly why we’re here. We’re here today to talk about economic freedom as opposed to economic dependency. We’re here today to talk about four basic conservative principles and how they can apply to economic revitalization for the black community: That’s limited government, being fiscally responsible, individual industrialism that leads to self-sufficiency and the free market that grows business, and lastly and most importantly, it’s about equality of opportunity which comes from a good education.”

West points to the black community’s 14 percent unemployment rate as an indicator that the current economic policies aimed at helping minorities aren’t working, adding that “if you understand actual unemployment, it’s probably closer to 18 or 20 percent.”

On top of that, West pulled out statistics showing how blacks aren’t proportionally represented population-wise in the percentage of new start-up businesses around the country.

“60 percent of new startups are in the white community, 23 percent of new startups [are] in the Hispanic community, 5 percent [of] new startups [are] in the Asian community and, with 13 percent of the population, you’re only seeing nine percent of new startups coming out of the black community,” West said.

Over the more than two-hour-long discussion about issues facing these communities and possible solutions, President Barack Obama hardly came up. After the event, West told The Daily Caller that’s because Obama “doesn’t have a vision for the black community and economic development.”

“He doesn’t have a vision for America,” West told TheDC. “So, I think that’s why we see all of these horrible economic indicators turning in the way that they are. His vision is just to get re-elected and that’s not what I’m here talking about.”

West issued a warning concerning the Supreme Court’s recent decision to uphold the Affordable Care Act. “Now we find ourselves in a situation where the tax code of the United States of America is being used as a weapon against the American people. It is being used for behavior modification. That is exactly what came from the Supreme Court decision last week,” said West.

Congressman West is campaigning for a second term in the U.S. House in Florida’s newly-drawn district 18. He faces County Sheriff Bob Crowder in the GOP primary on August 14 for a chance at the party’s nomination.

Saving Billions with Fly Ash

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What is fly ash, you may ask? Have you ever heard of the Roman Pantheon?  It stands today because it was built with volcanic ash (a.k.a. fly ash). Similarly, bridges built with fly ash can be designed to last for a century and highways for 80 years. Fly ash can double the lifespan of a construction or infrastructure project; significantly lower maintenance costs; allow more roads, bridges and buildings to be built on fewer dollars; and ultimately create more jobs.

Why is fly ash important to both Florida and the United States?

According to Mike Murtha, President of the Florida Concrete and Products Association, “Currently, the federal transportation committee is considering an amendment allowing fly ash to continue to be used. This amendment is critical for Florida. Without this amendment, the fly ash industry will be heavily over-regulated by the federal government. If the industry is washed out it would cost 30,000 Floridians their jobs.”

The federal transportation bill is set to be decided on by the end of June, so this is a hot topic for the building industry. From a study done by the American Road and Transportation Builders Association (ARTBA), recycled fly ash is used in 95% of Florida’s concrete products that build transportation infrastructure projects all across the state. The use of recycled fly ash concrete has saved the state more than a $180 million over the span of five years as it makes structures stronger and longer lasting, as well as decreases the need to mine virgin resources from the ground.

Where does fly ash come from?

Fly ash is one of the residues generated in combustion, and comprises the fine particles that rise with the flue gases. In an industrial context, fly ash usually refers to ash produced during combustion of coal. Fly ash is generally captured by electrostatic precipitators or other particle filtration equipment before the flue gases reach the chimneys of coal-fired power plants, and together with bottom ash removed from the bottom of the furnace is in this case jointly known as coal ash.

Coal has become a target for environmentalists, President Obama, and former Florida Governor Charlie Crist. Coal-fired plants in Florida and across America are not being built, closing or converting to natural gas plants. As this occurs, fly ash is becoming scarce.

According to Murtha, “Fly ash is crucial to American transportation infrastructure — in 2010 alone, more than 55 million tons of fly ash was recycled for construction purposes. Concrete represents 15 percent of the total cost of building and maintaining transportation infrastructure in the United States each year. More than 75 percent of that concrete — $9.9 billion worth — utilizes fly ash as a partial cement replacement blend. In some states, fly ash is used for virtually all concrete projects. Without fly ash, many of our nation’s largest transportation projects would not have been possible.”

The cost of closing coal fired plants has other implications. Fly ash is one of them.

WATCH DOG RADIO – FLORIDA: Mike Murtha, President of the Florida Concrete and Products Association, will be a guest on Watch Dog Radio – Florida on Wednesday, June 27th from 11:40 to Noon EST. You may tune in on WWPR AM 1490 or listen to the live stream over the Internet at www.DrRichShow.com.