45
   

Do you think Zimmerman will be convicted of murder?

 
 
Ragman
 
  2  
Reply Tue 1 May, 2012 06:42 am
@OmSigDAVID,
What an idiotic, racially nonsensical comment! Is JGoldman back?

Quote:
thay have a more intense need to fight back than the whites do
BillRM
 
  0  
Reply Tue 1 May, 2012 06:51 am
@Ragman,
Quote:
What an idiotic, racially nonsensical comment! Is JGoldman back?


Blacks are indeed far more likely to be a victims of violence crimes then whites or other groups for that matter so there seems nothing racist about David comment that the law abiding members of that community need the ability to protect themselves more then others.

Facts can not be racist in and of themselves.
0 Replies
 
OmSigDAVID
 
  0  
Reply Tue 1 May, 2012 07:05 am
@Ragman,
Ragman wrote:

What an idiotic, racially nonsensical comment! Is JGoldman back?

Quote:
thay have a more intense need to fight back than the whites do
In theory, u shud be able
to figure it out. A higher proportion of them fall victim
to criminal violence; hence, thay need to address that more than we do.

Its not hard to understand.
firefly
 
  2  
Reply Tue 1 May, 2012 11:00 am
@hawkeye10,
Quote:
Liar....the jury will be instructed that if they believe it more likely than not that George was defending himself from imminent harm then they can not rule him guilty of the charges as he as immunity from the charges.

Don't call me a liar because you are too stupid to understand either the law or my posts.

I was discussing an immunity hearing, to correct the misinformation that BillRM had posted on that issue. There is no jury at an immunity hearing, the decision about whether to dismiss rests with a judge, and the standard of proof is a preponderance of the evidence.

In addition, BillRM seems to feel that, in the state of Florida, one can shoot and kill another person, simply claim self defense, and have that claim accepted without question or the need for any convincing evidence--in fact, BillRM seems to consider it an affront that anyone would have to legally justify why they committed a homicide. It's that kind of thinking that exposes the substantial problems with the Stand Your Ground law--some morons think it gives them a license to kill. And that's one reason that, right now, there are hearings going on in Florida to revise the problematic Stand Your Ground law.

BillRM has repeatedly asserted, quite inaccurately, that at an immunity hearing there is no burden of proof on the defendant to establish that a homicide, that they committed, was a justified act of self defense. He obviously does not know what he is talking about. The immunity hearing is a defense motion to dismiss the charges--and the defense must submit arguments and evidence in support of their motion. The burden of proof is clearly on the defendant at an immunity hearing--as is evident in the article you yourself just posted.
Quote:

A defendant charged with a crime who wants to raise Stand your Ground files a motion to dismiss claiming stand your ground immunizes him from prosecution...

A hearing is held before trial. The burden is on the defendant to prove by a preponderance of evidence that stand your ground immunity applies.
http://www.talkleft.com/story/2012/4/12/194725/132


And, let's look at your next statement...
Quote:
....the jury will be instructed that if they believe it more likely than not that George was defending himself from imminent harm then they can not rule him guilty of the charges as he as immunity from the charges.

You are, again, wrong. Your statement is filled with inaccuracies. The standard of proof at a criminal trial is not "more likely than not"--it is beyond a reasonable doubt, and there is no "immunity" in a criminal trial. Again, not only is your thinking, regarding the differences between an immunity hearing and a trial, hopelessly muddled and confused, you, as usual, don't even read, or understand, the material that you yourself have posted.
Quote:
The prosecution must prove his guilt at the jury trial beyond a reasonable doubt. Which means, if the defendant raises self-defense or stand your ground at trial and gets the jury instruction, the state, which has the burden of proving guilt beyond a reasonable doubt, must disprove self-defense.
http://www.talkleft.com/story/2012/4/12/194725/132

In effect, the state's burden of proof in a criminal trial, where the defendant alleges self defense, is no different than the burden of proof in any other criminal trial--the state must prove, beyond a reasonable doubt, that the defendant committed the criminal act with which he is charged. Proving that the act was criminal serves to refute and disprove the claim of legally justifiable self defense, because the state would have established the elements of a crime and linked those elements to the defendant's behavior--just as would be the case in any criminal trial.

But, the post of mine you responded to had nothing to do with trials--I was clearly discussing immunity hearings.

That you read my post, firefly (Post 4970891) http://able2know.org/topic/188223-33#post-4970891,
which only referred to an immunity hearing, and concluded, that I am "a liar"--and supported that bizarre conclusion by irrelevantly referring to jury instructions at a trial, suggests quite substantial comprehension problems on your part. In fact, you are so dim, you actually went on to post information that quite clearly supports what I said about immunity hearings, in the context of trying to prove me wrong--which makes absolutely no sense at all.

You and BillRM are always woefully out of your depth on any discussion of actual laws, legal issues, and legal proceedings. And, lacking the ability to participate in a genuinely informed and knowledgeable discussion of legal issues, you post all sorts of misinterpretations, distortions, confused and muddled issues, and unfounded personal attacks on others, in rather silly attempts to disguise your own ignorance. You really save me the effort of pointing out what fools the two of you are because you both do a very good job of proving that all on your own.









BillRM
 
  0  
Reply Tue 1 May, 2012 11:30 am
@firefly,
Quote:
The burden is on the defendant to prove by a preponderance of evidence that stand your ground immunity applies.


That is the civil standard and that is for the hearing that if the judge rule for the defended he will be free from not only any criminal charges but any civil sues over the matter.

It is the first layer of protections to short stop the kind of nonsense that is now happening to Zimmerman.

As far as the jury instructions it will be that the state had the burden to disproved the claim of self defense beyond a reasonable doubt.

This political prosecution should fail and then the next task will be to stop the law safeguards from being removed so if my wife is ever in the position of being attack by a poor unarmed teenager she will not be in danger of a life sentence for stopping the poor teenager from pounding out her brain on the sidewalk no matter what the teenager skin color happen to be or how loud Sharpton yell for her blood.

We are all Zimmerman.......
firefly
 
  3  
Reply Tue 1 May, 2012 11:51 am
@OmSigDAVID,
Quote:
In theory, u shud be able
to figure it out. A higher proportion of them fall victim
to criminal violence; hence, thay need to address that more than we do.

Quite right, David, the black community needs to address the issue that "a higher proportion of them fall victim to criminal violence".

And that's exactly what they have done regarding the killing of Trayvon Martin--a black victim of a violent homicide--a shooting. The black community demanded to know why the killer of this unarmed young black man had not been arrested and charged with a crime--as had been recommended by the lead investigator on the case the night of the shooting. Their concern was that the death received insufficient legal scrutiny because the victim was black.

So, even though you personally believe Zimmerman, that he acted in justifiable self defense, it is good to know that you understand what the outrage coming from the black community was all about and that it addressed legitimate concerns within that community, since others, including the lead investigator, were not convinced that this was a justifiable act of self defense under Florida's Stand Your Ground law. In addition, the failure to charge Zimmerman initially, possibly reflected some racial bias in the state attorney's office in terms of how black victims of violence are regarded, another legitimate concern for the black community, and, in response to such concern, a special prosecutor was appropriately appointed.

Basically you are agreeing that the black community had legitimate reason to demand that the killing of Trayvon Martin merited greater legal scrutiny, even though you personally do not agree with them in this instance. The underlying reasons for their concern are legitimate--they do not always receive equal treatment within our criminal justice system, and that includes the treatment they receive from the state attorney's office.

Ragman
 
  0  
Reply Tue 1 May, 2012 11:54 am
@firefly,
What you said...(couldn't have said it better or more completely.)
0 Replies
 
cicerone imposter
 
  2  
Reply Tue 1 May, 2012 12:06 pm
@OmSigDAVID,
What the victim says is heresay. Unfortunately, Trayvon is not there to challenge what Zimmy says.

1. Trayvon had a right to be in the area; his father lives there.
2. Trayvon was a 17 year old, rather skinny, high school kid. How he posed a threat is laughable - especially to a 28 year old guy with a stockier built, with a gun.
3. If Zimmer was not there, there would have been no altercation; none.
4. It seems from current "evidence," Zimmy would have approached Trayvon first. Even in a threatening manner.
"What are you doing here, kid?"


0 Replies
 
BillRM
 
  1  
Reply Tue 1 May, 2012 12:07 pm
@firefly,
Love how you spin and if you would spin any faster you would come apart.

Teaching their teenagers not to turn first to violence when annoy by either whites or blacks people would be very useful.

In fact that would had been the only thing that would had save Trayvon that night from being kill or if Zimmerman had not been arm that night he would had just gotten to spend his live in a cell along with a million other black men for the crime of murdering Zimmerman.

Sadly Trayvon doom himself when he assaulted Zimmerman that night one way or another.






cicerone imposter
 
  1  
Reply Tue 1 May, 2012 12:09 pm
@BillRM,
All the "spin" is coming from "your" side. We're only challenging your judge and kill mentality.
0 Replies
 
gungasnake
 
  1  
Reply Tue 1 May, 2012 12:15 pm
What happens when a president and AG of the United States join a lynch mob ("If I had a son, he'd look like Trayvon Martin..."):

http://hamptonroads.com.nyud.net/2012/05/beating-church-and-brambleton

Quote:

By Michelle Washington
The Virginian-Pilot
© May 1, 2012
Wave after wave of young men surged forward to take turns punching and kicking their victim.

The victim's friend, a young woman, tried to pull him back into his car. Attackers came after her, pulling her hair, punching her head and causing a bloody scratch to the surface of her eye. She called 911. A recording told her all lines were busy. She called again. Busy. On her third try, she got through and, hysterical, could scream only their location.

Church and Brambleton. Church and Brambleton. Church and Brambleton.

It happened four blocks from where they work, here at The Virginian-Pilot.

Two weeks have passed since reporters Dave Forster and Marjon Rostami - friends to me and many others at the newspaper - were attacked on a Saturday night as they drove home from a show at the Attucks Theatre. They had stopped at a red light, in a crowd of at least 100 young people walking on the sidewalk. Rostami locked her car door. Someone threw a rock at her window. Forster got out to confront the rock-thrower, and that's when the beating began.

Neither suffered grave injuries, but both were out of work for a week. Forster's torso ached from blows to his ribs, and he retained a thumb-sized bump on his head. Rostami fears to be alone in her home. Forster wishes he'd stayed in the car.

Many stories that begin this way end much worse. Another colleague recently wrote about the final defendant to be sentenced in the beating death of 19-year-old James Robertson in East Ocean View five years ago. In that case, a swarm of gang members attacked Robertson and two friends. Robertson's friends got away and called for help; police arrived to find Robertson's stripped, swollen corpse.

Forster and Rostami's story has not, until today, appeared in this paper. The responding officer coded the incident as a simple assault, despite their assertions that at least 30 people had participated in the attack. A reporter making routine checks of police reports would see "simple assault" and, if the names were unfamiliar, would be unlikely to write about it. In this case, editors hesitated to assign a story about their own employees. Would it seem like the paper treated its employees differently from other crime victims?

More questions loomed.

Forster and Rostami wondered if the officer who answered their call treated all crime victims the same way. When Rostami, who admits she was hysterical, tried to describe what had happened, she says the officer told her to shut up and get in the car. Both said the officer did not record any names of witnesses who stopped to help. Rostami said the officer told them the attackers were "probably juveniles anyway. What are we going to do? Find their parents and tell them?"

The officer pointed to public housing in the area and said large groups of teenagers look for trouble on the weekends. "It's what they do," he told Forster.

Could that be true? Could violent mobs of teens be so commonplace in Norfolk that police and victims have no recourse?

Police spokesman Chris Amos said officers often respond to reports of crowds fighting; sirens are usually enough to disperse the group. On that night, he said, a report of gunfire in a nearby neighborhood prompted the officer to decide getting Forster and Rostami off the street quickly made more sense than remaining at the intersection. The officer gave them his card and told them to call later to file a report.

The next day, Forster searched Twitter for mention of the attack.

One post chilled him.

"I feel for the white man who got beat up at the light," wrote one person.

"I don't," wrote another, indicating laughter. "(do it for trayvon martin)"

Trayvon Martin, an unarmed black teen, died after being shot by a community watch captain with white and Hispanic parents, George Zimmerman, in Florida.

Forster and Rostami, both white, suffered a beating at the hands of a crowd of black teenagers.

Was either case racially motivated? Were Forster and Rostami beaten in some kind of warped, vigilante retribution for a killing 750 miles away, a person none of them knew? Was it just bombast? Is a beating funny, ever?

Here's why their story is in the paper today. We cannot allow such callousness to continue unremarked, from the irrational, senseless teenagers who attacked two people just trying to go home, from the police officer whose conduct may have been typical but certainly seems cold, from the tweeting nitwits who think beating a man in Norfolk will change the death of Trayvon Martin.

How can we change it if we don't know about it? How can we make it better if we look away?

Are we really no better than this?

Michelle Washington is a columnist for The Virginian-Pilot. Email: [email protected]
0 Replies
 
roger
 
  3  
Reply Tue 1 May, 2012 12:23 pm
@BillRM,
Is that right? I've kind of got a feeling that if Zimmerman had not been armed, he wouldn't have confronted or chased anyone.

I'm in no way opposed to the ownership and carrying of firearms, but when having a gun prompts you to insert yourself into situations you would otherwise avoid, you need to be very certain of your judgement.
OmSigDAVID
 
  0  
Reply Tue 1 May, 2012 12:31 pm
@roger,
roger wrote:
Is that right? I've kind of got a feeling that if Zimmerman had not been armed, he wouldn't have confronted or chased anyone.

I'm in no way opposed to the ownership and carrying of firearms, but when having a gun prompts you to insert yourself into situations you would otherwise avoid, you need to be very certain of your judgement.
Lemme see if I 've got this straight, Roger;
when I have my guns on me, then I am moven to chase people ?

So far as I can remember,
that has not happened since Roosevelt was President.

I did not even chase the guy that shot at me; put a bullethole in my driver's side window.
I did not even get mad at him.





David
roger
 
  2  
Reply Tue 1 May, 2012 12:43 pm
@OmSigDAVID,
OmSigDAVID wrote:

roger wrote:
Is that right? I've kind of got a feeling that if Zimmerman had not been armed, he wouldn't have confronted or chased anyone.

I'm in no way opposed to the ownership and carrying of firearms, but when having a gun prompts you to insert yourself into situations you would otherwise avoid, you need to be very certain of your judgement.

Lemme see if I 've got this straight, Roger;
when I have my guns on me, then I am moven to chase people ?



I did not say you would be. I prefer that people respond to what I have actually written, rather than what they want want me to have. Such is the nature of the internet, I suppose. <sigh>
0 Replies
 
firefly
 
  2  
Reply Tue 1 May, 2012 12:44 pm
@BillRM,
People who think like you are the reason they are now in the process of re-examining the very problematic Stand Your Ground law in the state of Florida.

It is telling that, on these boards, you have attacked laws--like rape/sexual assault laws, drunk driving laws, and laws prohibiting child pornography---laws that practically everyone supports and agrees are necessary--as being "crazy laws". But, the one law you choose to champion, Florida's Stand Your Ground law, is a law which is so poorly written that it is quite arguably a "crazy law", and a law that many officials in the state of Florida now realize must be corrected and revised.
Quote:
Chris Smith's Independent 'Stand Your Ground' Review Committee Recommendations Revisions, Not Repeal
05/ 1/2012

An independent review panel formed to examine Florida's 'Stand Your Ground' law released its recommendations Monday in a 21-page report, citing "overwhelming documentation of the law’s use, and more importantly, its abuse" while calling for a strict revision that would have sent George Zimmerman directly into custody.

Chris Smith, a democratic state senator from Fort Lauderdale, created the task force to address the state's notorious self-defense law after becoming frustrated by Governor Rick Scott's slow response in the Trayvon Martin case.

Zimmerman, a neighborhood watch volunteer, shot and killed Martin, an unarmed Miami Gardens teen, in a gated Sanford neighborhood on February 26.

Although Zimmerman reportedly pursued the unarmed teen several blocks, he was not arrested, claiming self-defense under the Stand Your Ground law.

In early April, Smith gathered a panel of prosecutors, defense attorneys, police chiefs, and law professors to critically examine the 2005 law, which ambiguously permits citizens to use lethal force anywhere they are legally allowed to be to prevent "death or great bodily harm."

"Stand Your Ground empowers people to maybe think we can decrease the value of human life," state attorney Michael Satz said at a task force meeting. "We have to stop being John Wayne and start caring about other people."

Instead of recommending a repeal of Stand Your Ground entirely, however, Smith and his task force recommend allowing police to charge someone if the victim was unarmed or was in the process of fleeing -- a scenario that would have put Zimmerman directly in custody after the February 26 shooting.

Their Stand Your Ground revisions also require that such cases be reviewed for "reasonableness" by a grand jury instead of one state attorney, as the law requires now.

And to further keep tabs on whether the law is being abused as a "shield of immunity" for defendants who were actually aggressors, Smith and his panel propose keeping extensive records of Stand Your Ground claims and outcomes.

In the report, Smith and the panel state their ultimate goal is to prevent a "system tantamount to lawlessness, where any person can, within a matter of seconds, render himself investigator, judge, jury and executioner, all in one."

Since Smith's task force initially met, Zimmerman has been charged with second-degree murder and remains in hiding after posting bail.

Eight days after Zimmerman's court appearance, Gov. Scott formed an official Stand Your Ground task force, which meets for the first time on Tuesday.

Although Smith had hoped to send his recommendations to Scott's panel, a governor spokesperson said it was not the place for "public comment." Smith said he would sponsor a bill in the Florida Legislature in 2013 to see that his group's recommendations get proper consideration.

For the full report, which includes revision recommendations, task force members' biographies, and recent Stand Your Ground cases in Florida, click here. http://senatorchrissmith.com/standyourground/finalreport.pdf

http://www.huffingtonpost.com/2012/05/01/chris-smith-stand-ground_n_1467657.html


In addition to state senator Smith's independent panel, and his legislative proposals. the governor of Florida will also be looking at Stand Your Ground issues with his official panel on public safety issues.
Quote:
Gov. Rick Scott’s official task force on public safety meets Tuesday to establish its mission and plan future meetings. That 19-member panel will put forth recommendations to the governor and the Legislature about Stand Your Ground and other safety issues...

Like Smith’s task force, the governor’s panel includes both prosecutors and criminal defense attorneys, who often square of in court in self -defense cases

http://www.miamiherald.com/2012/05/01/2777117/florida-task-force-seeks-major.html#storylink=cpy

Quote:
'Stand Your Ground' task force meets amid George Zimmerman case
By Troy Kinsey,
Capitol Reporter
Tuesday, May 01, 2012

TALLAHASSEE -- It has been weeks since Gov. Rick Scott formed a task force to review Florida's "Stand Your Ground" law in response to growing outcry in the case against George Zimmerman.

Now, that task force has finally started getting down to business as it kicked off its inaugural meeting Tuesday in Tallahassee.

Zimmerman told investigators he shot and killed 17-year-old Trayvon Martin in self-defense, prompting many to cite "Stand Your Ground," which permits people facing an imminent threat to fire on their attacker without having to retreat.

Critics have argued the law, passed in 2005 by then-Gov. Jeb Bush, is too broad.

Tuesday's meeting opened with some very pointed comments by the task force's chairwoman, Lt. Gov. Jennifer Carroll, who told the group, "The law is not 'Stand Your Ground.'"

That's a reflection of the Scott administration's attempt to draw a line between the law and its role in the George Zimmerman case.

The special prosecutor Scott assigned to the case said the law doesn't apply.

Still, calls continue to mount to revise or repeal it.

Critics pointed to new crime figures showing justifiable homicides in Florida are up by 20 percent, and they believe "Stand Your Ground" is playing a role.

Scott has also been criticized for packing the panel with advocates of the gun lobby. But moments after Tuesday's meeting got under way, Carroll fired back.

"Out of the 19 total members on this task force, I am unaware of the other 15 members' position on this law, or if they favor or disfavor of gun laws," she said. "So it is a mischaracterization for anyone to presume that this task force is not balanced."

No big decisions or votes were expected Tuesday. The main focus for Day 1 is how the panel will go about its business and where it might hold public hearings.
http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2012/5/1/stand_your_ground_ta.html


It will be interesting to see the eventual conclusions of Gov. Scott's panel regarding Stand Your Ground, and the fate of any legislative efforts by state sen. Smith to revise the law.

But it is certainly clear that there is considerable dissatisfaction with this law, even among those charged with upholding it. The Zimmerman case didn't create those dissatisfactions with this law, they were prior existing, but it did draw things to a head and force some considered examination of the law and its possible abuses, and some efforts to move in the direction of correcting those problems.

People sincerely interested in justice will likely applaud these efforts, and BillRM will not likely number among them.





OmSigDAVID
 
  0  
Reply Tue 1 May, 2012 12:48 pm
@BillRM,
BillRM wrote:
Sadly Trayvon doomed himself when he assaulted Zimmerman that night, one way or another.
That is exactly accurate, Bill.

I deem it very probable that Zimmy woud not have followed Mr. T,
if he believed T to have a large caliber gun in his possession.

I deem it very probable that Mr. T woud not have attacked Zimmy,
if he believed Zimmy to have a large caliber gun in his possession.

The confrontation (probably) occurred because BOTH Zimmy and Mr. T believed one another to be unarmed.

The mentality that brought on this violent encounter
was incidental to GUN CONTROL.

The Grim Reaper was gun control.





David
0 Replies
 
BillRM
 
  0  
Reply Tue 1 May, 2012 12:48 pm
@roger,
Quote:
Is that right? I've kind of got a feeling that if Zimmerman had not been armed, he wouldn't have confronted or chased anyone.


You might wish to talk to people that do carry firearms around legally.

For myself when I am carrying a firearm I go even further then I would normally would to avoid conflicts of any kind with anyone else.

From my contacts/conversations with other holders of CC licenses I find that avoiding conflicts is a common concern of most of us.

I question that if Zimmerman was expecting Trayvon to turn and attack him and he would had kept following him gun or no gun.

0 Replies
 
cicerone imposter
 
  1  
Reply Tue 1 May, 2012 12:51 pm
@firefly,
This one sentence from your post explains it all.

Quote:
Although Zimmerman reportedly pursued the unarmed teen several blocks, he was not arrested, claiming self-defense under the Stand Your Ground law.


It was not necessary to pursue Trayvon, because his father lives there. Zimmer wanted an altercation.
BillRM
 
  0  
Reply Tue 1 May, 2012 12:54 pm
@firefly,
Yes Firefly unlike you I am not please with a justice system that are locking up more and more of our total population including having more black men in prison now then that was slaves in 1850.

Ten times the total by percent of population that the UK have behind bars.

Now I do not wish to add people who needed to used deadly force in self defense to the overflowing prison system.
gungasnake
 
  0  
Reply Tue 1 May, 2012 12:56 pm
On the off chance anybody in the room might be operating on the mistaken assumption that the Zimmerman/Martin case is the worst miscarriage of justice or of any sort of a judicial process in the history of Flori-duh.....

There's still one poor, sorry son of a bitch by the name of Frank Fuster rotting in a Flori-duh prison for **** which not only did he not do, and not only which never happened at all, but which is ******* physically impossible i.e. which the plain, simple laws of physics say that NOBODY has ever done. Frank is the last one of the victims of Janet Reno's witch-craft trials or of anything similar to them to remain in prison.
 

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