45
   

Do you think Zimmerman will be convicted of murder?

 
 
snood
 
  1  
Reply Mon 28 May, 2012 03:58 pm
@hawkeye10,
hawkeye10 wrote:

If the main thing George did wrong was to not follow the hint of a police dispatcher (or 911 operator) then you are admitting that George did no great criminal wrong, because is has zero criminal liability for not doing what the person on the other ende of the phone would have done....or what you would have done. There was never anything even close to a lawful order to not confront Martin.


What part of "the tragedy could have been avoided if Zimmerman had just waited for the police" don't you understand?
BillRM
 
  0  
Reply Mon 28 May, 2012 04:10 pm
@snood,
Quote:
What part of "the tragedy could have been avoided if Zimmerman had just waited for the police" don't you understand?


If Zimmerman had not gone out that night either for that matter it would not had occur but the prime cause of the tragedy was Trayvon deciding to attack Zimmerman and trying to pound his brain out on the sidewalk.

Next if Trayvon was willing to attacked an adult for annoying him in so mild a manner the likelihood that Trayvon would had sooner and later found some other reason to attack someone else who might not had been able to protect him or herself is kind of high.
parados
 
  4  
Reply Mon 28 May, 2012 04:23 pm
@BillRM,
Quote:
but the prime cause of the tragedy was Trayvon deciding to attack Zimmerman and trying to pound his brain out on the sidewalk.

Too bad we don't know that to be a "fact" yet. It is possible that Trayvon was the one attacked. It is possible there was no pounding of anyone's head into the sidewalik. We do know that Trayvon is dead. We know that Zimmerman shot him. We know Zimmerman created the situation that caused the death by acting in a manner that while perhaps legal was certainly provocative.
0 Replies
 
DrewDad
 
  1  
Reply Mon 28 May, 2012 04:27 pm
@Sturgis,
Sturgis wrote:

Quote:
There is no question that this tragic, and needless, killing could have been entirely avoided had George Zimmerman simply waited for the police to respond after he placed his 911 call to report a "suspicious" person. The fatal confrontation was made possible only because Zimmerman continued to pursue Martin for his own reasons, despite the fact Martin was not engaged in any criminal activity.
Maybe, maybe not.
Who knows? If George Zimmerman hadn't been there, perhaps Trayvon Martin would have hung out in an alleyway between houses and someone else would have shot him dead. (highly unlikely; yet, not impossible as a scenario which could have played out)

Your statement instead of saying "the fatal confronation..." should have been "THIS fatal confrontation..." as there could have been another.

Perhaps you should read a little closer before attempting to be a superior, pedantic ass.

(You only managed to be an inferior, pedantic ass.)

Plus, you spelled "confrontation" wrong.
0 Replies
 
hawkeye10
 
  1  
Reply Mon 28 May, 2012 05:05 pm
@snood,
snood wrote:

hawkeye10 wrote:

If the main thing George did wrong was to not follow the hint of a police dispatcher (or 911 operator) then you are admitting that George did no great criminal wrong, because is has zero criminal liability for not doing what the person on the other ende of the phone would have done....or what you would have done. There was never anything even close to a lawful order to not confront Martin.


What part of "the tragedy could have been avoided if Zimmerman had just waited for the police" don't you understand?

This tragedy would have been avoided if Travon had not been suspended, or if his date had not decided that Travon would have had too much fun at home so he was haulled to GF's house....shall we bring school staff and Mr Martin up on charges too?? Why are we picking on George?
0 Replies
 
MontereyJack
 
  4  
Reply Mon 28 May, 2012 05:17 pm
Maybe because he was the one who killed an innocent kid? You think maybe that's why?
hawkeye10
 
  0  
Reply Mon 28 May, 2012 05:47 pm
@MontereyJack,
MontereyJack wrote:

Maybe because he was the one who killed an innocent kid? You think maybe that's why?

I do not know that Martin was legally innocent...maybe he did attack George, maybe he was the one who made the confrontation physical, which according to the law is much worse than confronting someone verbally. Ending up dead only makes Travon dead, it does not bleach him.
0 Replies
 
BillRM
 
  0  
Reply Mon 28 May, 2012 06:42 pm
@MontereyJack,
Quote:
Maybe because he was the one who killed an innocent kid? You think maybe that's why?


My idea of an innocent "kid" is not a 5' 11" 17 years old that was trying his best to pound the brains out of someone.

Once more not a damn mark on him but for the one bullet wound but with Zimmerman having two black eyes a broken nose and wounds on the back of his head.

Some innocent "kid"!!!!!!!!!!
hawkeye10
 
  0  
Reply Mon 28 May, 2012 06:49 pm
@BillRM,
We dodnt know what happened, I don't think that we will ever know beyond a reasonable doubt what happened, thus George can not be legally convicted of anything.
firefly
 
  3  
Reply Mon 28 May, 2012 09:55 pm
@BillRM,
Quote:
Once more not a damn mark on him but for the one bullet wound

In my mind, that means Zimmerman made no attempt to defend himself with equal force--he immediately resorted to the use of deadly force.

Zimmerman was not physically outclassed by Martin. He might have been a few inches shorter than Martin, but he considerably outweighed him, and he was not incapable of responding with less than deadly force. This was a fight between two people on a public street. Why shouldn't it have remained a hand-to-hand fight? Why did Zimmerman not fight back? Why did he need to use deadly force? Shouldn't the use of deadly force aways be a last resort?

I'm not sure that, in this particular situation, the use of deadly force, against an unarmed person, is justified in response to a punch in the nose or being knocked down.

I found this post on a concealed carry, pro-gun, Web site which supports that view.

Quote:
Should I Shoot Someone IF They Are Unarmed?

There are a lot of things to consider with the given scenario "can I shoot an unarmed person if they want to fight me?" You have to decide what you want to do and be prepared for the consequences plain and simple.

If you think doing 3 to 5 years hard time in a state penitentiary for manslaughter is no problem, then by all means shoot that unarmed guy who picked a fight with you because he feels you slighted him somehow.

State prison is full of people who made the wrong decision in when and under what circumstances to use their firearm. They aren't bad people, they just made a poor choice when they thought that using their gun would be on solid ground.

You can sit on the witness stand crying all day long saying how that scary looking guy who turned out was only two years younger than you and considered to be about average size and shape could have hit you in the temple and killed you... may have been able to strike you in the trachea and crush your larynx and all sorts of hypothetical outcomes until you are blue in the face. At the end of the day... the law and the courts "generally" frown on those who pull a gun and shoot an unarmed person who was foolish enough/drunk enough to pick a fight with someone they didn't know was armed.

Now, with that said, are there circumstances where shooting an unarmed person is excusable? Absolutely, but they are relatively rare and few in the numbers of situations. Your hypothetical explanations of "well he could have hit me here and that may have done this to me" is not going to be a satisfactory answer to a grand jury or a jury of your peers.

Getting a broken nose and some bruised ribs or a black eye or maybe a tooth knocked out is "generally" not considered to be a life threatening injury or even a serious crippling injury no matter how much you say that hypothetically you could have gotten a detached retina from the black eye, or you could have choked to death if you swallowed that broken tooth.

These are the facts... You have a gun! The other guy doesn't! You know you have a "stacked deck"... the other guy doesn't know you have a gun until you pull it out and shoot him with it! He believed he was fighting another unarmed guy!

Bullies, drunk or otherwise who like to fight people, don't pick fights with people they knew beforehand to have a gun! Therefore the prosecutor in the criminal case or the attorneys for his estate in the wrongful death case will argue the "unarmed victim" you killed may have been drunk, and may have been a bully... but he thought he was fighting a man "on common ground" and it did not warrant being shot down in a fixed and unfair fight! (May not be 1st degree murder, but probably good enough to send you away for a few years for involuntary manslaughter!)

The courts will hold you to a higher standard of care to avoid the situation, walk away and maybe even going to extraordinary means in not bringing your gun out even if the guy manages to hit you a few times.

Again, are there circumstances where shooting an unarmed person justifiable? YES! But you are on very shakey ground. If you are going to claim there was a "disparity of force" you should have some very compelling reasons that are clear and obvious to the court or grand jury. (Hypothetical explanations are really not going to be acceptable.) Disparity of Force is not just a loose term to throw out in court. You must be able to clearly show the factors that pertain to that disparity in order to convince a jury to excuse you for taking the life of an unarmed person. There has to be some accountability for taking someones life.

It is for that reason I strongly recommend people really understand the laws, how the court system works and know specific details of how lethal force is used and justified
http://www.defensivecarry.com/forum/reference-how-forum/30503-should-i-shoot-someone-if-they-unarmed.html


I also found similar responses on other concealed carry Web sites--that in situations such as the one Zimmerman was in, deadly force is not generally justified simply because someone punches you or because you fear being beaten up by someone who is unarmed.

Trayvon Martin wasn't trying to commit a felony like robbery, kidnapping, sexual assault, etc. on George Zimmerman, that might justify the use of deadly force. It was a fight between two people in a public place following a confrontation.

And it is possible that Zimmerman directly provoked that fight by grabbing or trying to hold Martin until the police got there. The reason Zimmerman kept following Martin was because he didn't want him to get away--that's fairly clear from what he said in his 911 call. And the last thing the friend Martin was talking to on the phone heard him say was, "get off me, get off me," after Zimmerman confronted him, which might indicate Zimmerman grabbed him or grabbed at his clothing--something that might not leave marks on a body, but which might reasonably provoke a frightened 17 year old to respond by fighting in self defense. If Zimmerman did provoke in that way, the use of deadly force, in a fight he essentially started, would not be justified.

But, even hypothetically assuming that Trayvon Martin threw the first punch, because he was pissed at this "creepy and crazy" guy for following him, I'm still not sure that deadly force was necessary or justified without at least some attempt on Zimmerman's part to respond with equal force before he whipped out his gun--and that's what those concealed carry Web sites seem to say also. But the lack of marks on Trayvon Martin's body suggest Zimmerman made no attempt to defend himself with less than deadly force. I'm not sure that a punch in the nose and two very small gashes on the back of his head will be enough to convince a judge Zimmerman imminently feared death or grave bodily harm if he didn't fire his gun into this unarmed kid.

It will be interesting to learn exactly what statements Zimmerman made to the police regarding exactly why he drew and fired his gun--and in what order he made those statements. Some of what he said was apparently conflicting and other things were just not credible--the police felt that way the night of the shooting, and the prosecutor reiterated that last week by asserting that his statements--his "confession"-- are part of the evidence they will use to convict him.

You think you know why Zimmerman fired his gun--you don't. You've never heard it directly from Zimmerman, and his complete statements to the police have not been released to the public. Apparently, what's in those statements didn't fully convince law enforcement, even immediately after the shooting, that this was justifiable self defense. That's why they wanted him arrested and charged with manslaughter.











0 Replies
 
DrewDad
 
  2  
Reply Mon 28 May, 2012 10:47 pm
@hawkeye10,
Actually, we know that Zimmerman killed Trayvon. Since Zimmerman has confessed to this, it puts the burden of proof on him to show that he was either protected under the stand you ground law, or the shooting was justified as self-defense.

I'm not sure why this concept continues to elude you; it's not like it's some kind of fine print. This has been explained to you in detail numerous times.

I mean, I know it's inconvenient the narrative You're trying to present. But hope springs eternal that'll start dealing in reality at some point.
hawkeye10
 
  1  
Reply Mon 28 May, 2012 10:54 pm
@DrewDad,
Quote:
Actually, we know that Zimmerman killed Trayvon. Since Zimmerman has confessed to this, it puts the burden of proof on him to show that he was either protected under the stand you ground law, or the shooting was justified as self-defense.

I'm not sure why this concept continues to elude you; it's not like it's some kind of fine print


According to Florida law he is assumed to have immunity since he claimed self defense unless the state can prove otherwise. According to the US Constitution he is assumed to be innocent of the alleged crime unless the state can prove otherwise. If the state can not prove beyond a reasonable doubt what happened, if it remains a mystery, then by law George must be found NOT GUILTY. If the state should some how get a guilty verdict based upon their claim that George's crime was pursuing a person while in possession of a gun then the Supremes will over turn the Verdict post haste, as there is ZERO chance that line of reasoning is Constitutional.
DrewDad
 
  3  
Reply Mon 28 May, 2012 11:00 pm
@hawkeye10,
That's a nice little fantasy you have there. The fact is, he has confessed to shooting Trayvon.

What he's left with, are two affirmative defenses. Affirmative defenses put the burden of proof on the defendant, not on the prosecution.
0 Replies
 
firefly
 
  3  
Reply Mon 28 May, 2012 11:29 pm
@hawkeye10,
Quote:

According to Florida law he is assumed to have immunity since he claimed self defense unless the state can prove otherwise.

No, that's why the state of Florida has pre-trial immunity hearings--where the burden of proof is on the defendant.
Quote:
According to the US Constitution he is assumed to be innocent of the alleged crime unless the state can prove otherwise. If the state can not prove beyond a reasonable doubt what happened, if it remains a mystery.

This is not an "alleged crime"--he committed a homicide, he shot and killed someone, and he admitted doing it. There is no "mystery"--this isn't a whodunit. We know who dun it.

George Zimmerman will always be the man who killed Travyon Martin. He is not "innocent" regarding causing that death, and nothing will change that.

If he can present a successful affirmative defense, that, in using deadly force he acted with justifiable self defense, under the laws of Florida, then he will not be held criminally or civilly liable for causing that death. But he's still responsible for causing the death of Trayvon Martin--nothing changes that fact--Trayvon Martin died as the result of a gunshot wound inflicted by George Zimmerman.

You neither understand this case, nor the charges against Zimmerman, nor the law.



hawkeye10
 
  2  
Reply Tue 29 May, 2012 12:39 am
@firefly,
Quote:
No, that's why the state of Florida has pre-trial immunity hearings--where the burden of proof is on the defendant.


So they say, but what it boils down to is that the defense argues that immunity applies, and the only way the state has to nullify the argument is to show probable cause that self defense was not the motive for the killing. At the end of the day the state is the party that must show up with the evidence and the better argument.

Quote:
Section 776.032 of the Florida Statutes provides that a person who uses deadly force in self-defense "is immune from criminal prosecution." This odd provision means that a person who uses deadly force in self-defense cannot be tried, even though the highly fact-intensive question of whether the person acted in self-defense is usually hashed out at trial. The law thus creates a paradox: the State must make a highly complex factual determination before being permitted to avail itself of the forum necessary to make such a determination.
Not only that, Section 776.032 provides immunity from arrest unless the police have "probable cause that the force that was used was unlawful." Again, the law creates a Catch-22: police cannot arrest the suspect unless they have probable cause, not just to believe there was a killing, but also that the killing was not in self-defense; and where, as is often the case, the defendant is the only living witness to the alleged crime, the police likely will not be able to form probable cause without interrogating the suspect.

http://www.dailykos.com/story/2012/03/24/1077446/-The-Burden-of-Proof-has-been-turned-into-a-Catch-22

Quote:
This is not an "alleged crime"--he committed a homicide, he shot and killed someone, and he admitted doing it.
Killing someone is not in and of itself a crime. Soldiers and police for instance routinely lawfully kill people. For that matter so do some state courts.

Quote:
You neither understand this case, nor the charges against Zimmerman, nor the law

Bullshit.....if you decide to stick to arguing that Florida law is fucked up then fine, I will agree with you. But according to Florida law George is highly unlikely to be lawfully found guilty, and any guilty verdict is highly likely to be found to be unconstitutional by SCOTUS. The original decision to not charge George was the rational and sane choice.
BillRM
 
  0  
Reply Tue 29 May, 2012 01:25 am
@hawkeye10,
Hawkeye we do know that there was not a mark of Trayvon skin other then the bullet hole and many wounds on Zimmerman that support his story of the events.

He was attacked and in reply he fire once into Trayvon body.
Baldimo
 
  0  
Reply Tue 29 May, 2012 01:39 am
@firefly,
What I find humorous is that Martin seems to hold no guilt in this whole thing. It only seems to be Zimmerman who is at fault.

It takes two to tango.
hawkeye10
 
  0  
Reply Tue 29 May, 2012 01:43 am
@Baldimo,
Quote:
What I find humorous is that Martin seems to hold no guilt in this whole thing. It only seems to be Zimmerman who is at fault.


Someone needs to be hung, and the one who lived is the only one who is available. Beyond getting our pound of flesh we really dont give a ****.
0 Replies
 
hawkeye10
 
  0  
Reply Tue 29 May, 2012 01:47 am
@BillRM,
Quote:
Hawkeye we do know that there was not a mark of Trayvon skin other then the bullet hole and many wounds on Zimmerman that support his story of the events.


Wrong, he had a scratch on his finger. Do you wonder if Travon had his hands on George and if the scratch happened when George tried to remove it? I do.
0 Replies
 
firefly
 
  3  
Reply Tue 29 May, 2012 02:11 am
@hawkeye10,
Quote:

So they say, but what it boils down to is that the defense argues that immunity applies, and the only way the state has to nullify the argument is to show probable cause that self defense was not the motive for the killing. At the end of the day the state is the party that must show up with the evidence and the better argument.

No, that's not true. Your interpretation is not correct.

This is not about "motives"--it's about actions--the use of deadly force--and whether those actions were criminal. One can be acting in self defense, but that action can also be criminal or fail to meet the standard for legally justifiable use of deadly force.

The state has already established probable cause in this case--Zimmerman is charged with murder in the second degree.

An immunity hearing is essentially a motion to dismiss the charges--the motion is made by the defense and the burden of proof is on the defense. It is the defense who must make the better argument to the judge because it is the judge who must be convinced, by a preponderance of the evidence, to drop the charges and grant immunity. So the evidence presented by the defense must support justifiable use of deadly force under Florida law to the satisfaction of the judge.

The defense can't just claim self defense as "the motive"--nor can the state simply attack self defense as "the motive"--and then just leave it at that. A motive of self defense is only one element in justifying the use of deadly force, and it may not even be the most important element. The need for that degree of force must be justified. Other evidence must also be presented to support the defendant's contention that he reasonably feared imminent death or grave bodily harm, if deadly force was not used, as well as additional evidence to satisfy the other requirements spelled out in the self defense laws that justify the use of deadly force. In Zimmerman's case, that might include evidence as to why the use of deadly force, rather than equal force, was necessary, given that the other person was unarmed and not more physically imposing than Zimmerman. In Zimmerman's case, the fact that he did not avoid, but in fact pursued, the person he shot, might also have to be addressed at the immunity hearing, particularly if immunity is claimed under Stand Your Ground.

If immunity is not granted, Zimmerman will be formally arraigned on the criminal charges, and the case will move toward trial.

At trial, the state will try to prove, beyond a reasonable doubt, that the actions of George Zimmerman constituted the elements of murder in the second degree, as defined by Florida law. The jury will likely have the lesser included charge of manslaughter to consider as well. The defense has the option of presenting an affirmative defense as well as trying to discredit the state's evidence.

I repeat...You neither understand this case, nor the charges against Zimmerman, nor the law.



0 Replies
 
 

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