45
   

Do you think Zimmerman will be convicted of murder?

 
 
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 05:12 pm
@parados,
parados wrote:
Nor do you have the right to cause a confrontation and then shoot the person you provoked because you felt threatened by them after you provoked them.


If they could prove that Zimmerman provoked the violence, that would be a good case for manslaughter.

Now, is there any evidence that Zimmerman provoked the violence?
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 05:13 pm
@firefly,
firefly wrote:
Animus toward the victim is an element of 2nd degree murder.


Not when it's Depraved Heart Murder.
parados
 
  1  
Reply Tue 8 Jan, 2013 05:25 pm
@BillRM,
BillRM wrote:

Quote:
Zimmerman gambled with Martin's life by creating a situation through his careless actions. Without


LOL if some hoodlum attacked someone who is wearing a gold rolex watch and as a resulted end up dead we should charge the rolex watch wearer with murder as but for him wearing the watch the hoodlum would not had attacked and gotten killed.

After all the watch wearer had created the situation!!!!!!!!!!

Nice to see you have no clue about Zimmerman's actions vs someone wearing a gold watch in public. If someone with a gold watch got a gun and went down to a section of town that was known to have robberies, flashed the watch and then blew someone away because they looked at the watch then you might have a closer analogy.
0 Replies
 
parados
 
  1  
Reply Tue 8 Jan, 2013 05:26 pm
@oralloy,
Quote:
No. It requires a concrete intention to risk someone's life, or intention to do something you know is clearly risking someone's life.

really? Where is that in Florida law?
parados
 
  1  
Reply Tue 8 Jan, 2013 05:29 pm
@oralloy,
oralloy wrote:



No. It requires a concrete intention to risk someone's life, or intention to do something you know is clearly risking someone's life.
By having a gun and acting in the fashion he did he clearly was doing something that he had been told on more than one occasion was risking someone's life. Neighborhood watch groups tell their people to not carry a gun and to not follow people because it is risking life or injury to do so. Are you arguing that is not so?

parados
 
  1  
Reply Tue 8 Jan, 2013 05:29 pm
@oralloy,
oralloy wrote:

parados wrote:
Nor do you have the right to cause a confrontation and then shoot the person you provoked because you felt threatened by them after you provoked them.


If they could prove that Zimmerman provoked the violence, that would be a good case for manslaughter.

Now, is there any evidence that Zimmerman provoked the violence?

Yes, there is. You just want to ignore it.
mysteryman
 
  1  
Reply Tue 8 Jan, 2013 06:35 pm
@parados,
So what ironclad, written in stone, evidence is there that Zimmerman provoked the violence.

Not your opinion, nor your interpretation of the evidence, but ironclad, accepted by a jury, evidence.
firefly
 
  2  
Reply Tue 8 Jan, 2013 06:35 pm
@oralloy,
firefly wrote:
Quote:
Animus toward the victim is an element of 2nd degree murder.

oralloy replied
Quote:
Not when it's Depraved Heart Murder.


This time you are definitely wrong, oralloy.

Quote:
Overview of Florida Second Degree Murder Laws

In Florida, state laws establish several types of homicide, the unlawful killing of a human being. The state prosecutes homicides as murders and manslaughters -- it may be helpful to know the multiple types of murders established by state law and understand the differences among them. In particular, second degree murder lacks the premeditation often required for the prosecution of a first degree murder.

To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant's intent to kill.
http://statelaws.findlaw.com/florida-law/florida-second-degree-murder-laws.html


As I've already pointed out, Zimmerman had animosity toward Martin from the moment he spotted him and profiled him as a criminal type simply on the basis of his physical appearance and manner of dress. Zimmerman was angry about those other criminal types, also black males, who had committed crimes in that housing complex but who had eluded the police in the past, and he was determined not to let that happen with this one. That mind-set, and the underlying emotional enmity toward this particular black male, who represented an entire group for Zimmerman, fueled and motivated everything Zimmerman did after targeting Martin as a criminal type--including shooting him.

So, animus toward a victim can definitely be an element of second degree murder in Florida,. The state may well argue that, on the basis of racial profiling, which caused him to see Martin as a member of a criminal group he felt particular animosity toward, that enmity toward Martin was a factor in this killing and a factor in everything that Zimmerman did that led up to it.

Can you admit you were wrong, oralloy? Or, as usual, will you cling to your delusion that you are infallible?
firefly
 
  2  
Reply Tue 8 Jan, 2013 06:43 pm
@mysteryman,
Quote:
So what ironclad, written in stone, evidence is there that Zimmerman provoked the violence.

Since when does evidence have to be "ironclad"? Or "ironclad" for a jury to accept it?

Do you expect all crimes to be videotaped--with accompanying audio?



OmSigDAVID
 
  1  
Reply Tue 8 Jan, 2013 06:53 pm
@firefly,
firefly wrote:

Can you admit you were wrong, oralloy?
Or, as usual, will you cling to your delusion that you are infallible?
U have some good qualities,
but have u EVER admitted when u were rong????
Has that ever happened ??????
firefly
 
  0  
Reply Tue 8 Jan, 2013 07:39 pm
@OmSigDAVID,
When I am factually wrong, I certainly do admit it.

But I've never claimed to be always right. That's oralloy's brand of chutzpah. Laughing

OmSigDAVID
 
  1  
Reply Tue 8 Jan, 2013 07:43 pm
@firefly,
firefly wrote:

When I am factually wrong, I certainly do admit it.
Do u allege that u HAVE ever admitted being incorrect??
0 Replies
 
mysteryman
 
  1  
Reply Tue 8 Jan, 2013 07:59 pm
@firefly,
Quote:
Since when does evidence have to be "ironclad"? Or "ironclad" for a jury to accept it?


It has to at least be seen by a jury, and if a jury doesnt accept it, then it is absolutely not "ironclad".
However, if a jury sees the evidence, accepts its validity, and convicts accordingly, then it is ironclad, especially if the evidence is backed up by other evidence.
Quote:

Do you expect all crimes to be videotaped--with accompanying audio?


It would be nice.
0 Replies
 
oralloy
 
  0  
Reply Tue 8 Jan, 2013 08:06 pm
@parados,
parados wrote:
oralloy wrote:
No. It requires a concrete intention to risk someone's life, or intention to do something you know is clearly risking someone's life.


really? Where is that in Florida law?


In the part where they made their second degree murder statute Depraved Heart Murder.
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 08:08 pm
@parados,
parados wrote:
oralloy wrote:
No. It requires a concrete intention to risk someone's life, or intention to do something you know is clearly risking someone's life.


By having a gun and acting in the fashion he did he clearly was doing something that he had been told on more than one occasion was risking someone's life. Neighborhood watch groups tell their people to not carry a gun and to not follow people because it is risking life or injury to do so. Are you arguing that is not so?


That hardly amounts to a concrete decision to gamble with someone's life. Gambling with someone's life would be shooting them just for the sake of shooting them.

And I've not seen any evidence presented that Zimmerman was clearly told he shouldn't carry a gun while on neighborhood watch duty.
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 08:10 pm
@parados,
parados wrote:
oralloy wrote:
parados wrote:
Nor do you have the right to cause a confrontation and then shoot the person you provoked because you felt threatened by them after you provoked them.


If they could prove that Zimmerman provoked the violence, that would be a good case for manslaughter.

Now, is there any evidence that Zimmerman provoked the violence?


Yes, there is. You just want to ignore it.


If you ever feel like presenting that evidence, I will address it.

If you refuse to present it, I'll probably have to keep ignoring it though.
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 08:12 pm
@firefly,
firefly wrote:
oralloy wrote:
firefly wrote:
Animus toward the victim is an element of 2nd degree murder.


Not when it's Depraved Heart Murder.


This time you are definitely wrong, oralloy.

Quote:
Overview of Florida Second Degree Murder Laws

In Florida, state laws establish several types of homicide, the unlawful killing of a human being. The state prosecutes homicides as murders and manslaughters -- it may be helpful to know the multiple types of murders established by state law and understand the differences among them. In particular, second degree murder lacks the premeditation often required for the prosecution of a first degree murder.

To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant's intent to kill.
http://statelaws.findlaw.com/florida-law/florida-second-degree-murder-laws.html


The fact that the prosecution can proceed when the defendant acted with enmity towards the victim does not make that enmity an element of the crime. The necessary element continues to be the depraved mind.



firefly wrote:
As I've already pointed out, Zimmerman had animosity toward Martin from the moment he spotted him and profiled him as a criminal type simply on the basis of his physical appearance and manner of dress.


You claiming there was animosity is hardly the same as there actually being such.



firefly wrote:
So, animus toward a victim can definitely be an element of second degree murder in Florida,.


No. They'll need to prove a depraved mind.



firefly wrote:
The state may well argue that, on the basis of racial profiling, which caused him to see Martin as a member of a criminal group he felt particular animosity toward, that enmity toward Martin was a factor in this killing and a factor in everything that Zimmerman did that led up to it.


They might want to have some sort of evidence to back it up if they want to claim that.



firefly wrote:
Can you admit you were wrong, oralloy?


No need for me to repeat an answer you're not capable of hearing.



firefly wrote:
Or, as usual, will you cling to your delusion that you are infallible?


See everyone, I told you that now and then a deranged idiot will accuse me of thinking I'm infallible.

It's pretty silly, isn't it?
0 Replies
 
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 08:13 pm
@firefly,
firefly wrote:
Since when does evidence have to be "ironclad"? Or "ironclad" for a jury to accept it?


Civilized nations tend to prefer it that way. It helps avoid sending innocent people to prison.
0 Replies
 
oralloy
 
  -1  
Reply Tue 8 Jan, 2013 08:37 pm
@firefly,
firefly wrote:
But I've never claimed to be always right. That's oralloy's brand of chutzpah. Laughing


Stop lying about me. You're WAY too stupid to be any good at it.
0 Replies
 
DrewDad
 
  0  
Reply Tue 8 Jan, 2013 09:14 pm
@oralloy,
Some people have color blindness.

Orally has fact blindness.
 

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