How Would George Zimmerman Case Play Out in Rhode Island?

In the wake of the George Zimmerman verdict, questions have been raised as to how this case would have played out in Rhode Island. Unlike Florida, Rhode Island is not a Stand Your Ground state. In Rhode Island, the doctrine of self defense permits the use of necessary force in order to repel an unlawful attack or threatened attack that presents an imminent risk of injury.

The critical components are:

(a) the unlawfulness of the attack or threatened attack, i.e. self defense is not available to a person who is the aggressor;
(b) that the defendant was actually in fear of injury (subjectively) and that the fear was reasonable (objectively);
(c) the degree of force reasonably required to repel the attack, i.e. excessive force is not excused by the self defense doctrine; and
(d) whether the defendant is entitled to repel the threat of force against him, i.e., whether the defendant had an obligation to try to avoid using force by retreating.

In Rhode Island, Zimmerman had an obligation to attempt to retreat before utilizing deadly force against Trayvon Martin. While retreat is not required when less then deadly force is used, it is required whenever a person uses a weapon capable of inflicting death or serious bodily injury. State v. Guillemet, 430 A.2d 1066 (R.I. 1981). There is no obligation to retreat from an attack in one’s home, regardless of whether the retreat is available but not if the victim also resides in the home. State v. Quarles, 504 A.2d 473 (R.I. 1986). If there is an obligation to retreat, it arises only if the defendant is consciously aware of an open, safe and available avenue of escape. State v. Rieger, 763 A.2d 997 (R.I. 2001).

So if George Zimmerman had been tried in a Rhode Island courtroom, doctrine of self defense would not have been available to him unless and until the jury considered his duty and obligation to retreat prior to the use of deadly force. If the jury believed that Zimmerman had the ability to retreat but did not do so prior to using deadly force, they may have reached a very different verdict in Rhode Island.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.