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The State of Florida vs George Zimmerman: The Trial

 
 
Baldimo
 
  1  
Mon 8 Jul, 2013 02:17 pm
@BillW,
What have I lied about Bill?
JTT
 
  1  
Mon 8 Jul, 2013 02:24 pm
@Baldimo,
Nothing in this thread that I've seen, Baldimo, but you are renowned for lying about the US and its myriad war crimes and terrorist activities.
0 Replies
 
hawkeye10
 
  2  
Mon 8 Jul, 2013 02:27 pm
martin would not have died this day if zimmerman had not gotten out of bed....zimmerman did that, thus zimmerman is criminally liable for the death. this is the type if argument we are getting in the effort to make zimmerman guilt. it is a farce.
cicerone imposter
 
  1  
Mon 8 Jul, 2013 02:37 pm
@hawkeye10,
You're now resorting to the ridiculous! Quit while you're behind; you're only making yourself look more stupid!
JTT
 
  1  
Mon 8 Jul, 2013 02:37 pm
@hawkeye10,
Quote:
this is the type if argument we are getting in the effort to make zimmerman guilt. it is a farce.


You advance what you advanced, Hawk, and then you have the temerity, the gall to use the word 'farce'.

Rolling Eyes
0 Replies
 
JTT
 
  2  
Mon 8 Jul, 2013 02:46 pm
@cicerone imposter,
Quote:
You're now resorting to the ridiculous! Quit while you're behind; you're only making yourself look more stupid!


Are you not Hawk's equal in this, CI?
cicerone imposter
 
  1  
Mon 8 Jul, 2013 02:57 pm
@JTT,
Whose the idiot here?

You,
Quote:
You advance what you advanced, Hawk, and then you have the temerity, the gall to use the word 'farce'.


Then, you have the gall to equate me to hawk without any evidence/proof.

Most of us know you as the major abuser of the ridiculous who repeats ad nauseam the same message a thousand times.
Baldimo
 
  1  
Mon 8 Jul, 2013 03:03 pm
@cicerone imposter,
I'm surprised there wasn't "USA is evil" thrown in there.
0 Replies
 
DrewDad
 
  0  
Mon 8 Jul, 2013 03:06 pm
@hawkeye10,
hawkeye10 wrote:
noble acts both.

Hahahaha!!

Oh, wait, you're serious.

Let me laugh harder....
0 Replies
 
DrewDad
 
  1  
Mon 8 Jul, 2013 03:10 pm
@hawkeye10,
hawkeye10 wrote:

martin would not have died this day if zimmerman had not gotten out of bed....zimmerman did that, thus zimmerman is criminally liable for the death. this is the type if argument we are getting in the effort to make zimmerman guilt. it is a farce.

Your reducto ad absurdums (reducti ad absurdum?) usually are farcical, because you don't understand how to do them, or when they're appropriate.

parados
 
  2  
Mon 8 Jul, 2013 03:12 pm
@hawkeye10,
hawkeye10 wrote:

using that logic everyone who participates in a yelling match at the pool table in a bar is criminally liable when one guy from the squabble stabs another later in the parking lot...after all they all helped escalate the conflict.

no, the one who does the bad act is liable for the bad act, not everyone who participated in the lead up to the bad act.

Using your argument someone other than Zimmerman shot Martin. Drunk
0 Replies
 
revelette
 
  1  
Mon 8 Jul, 2013 03:29 pm
Well, the toxicology report is in. crap.
Baldimo
 
  3  
Mon 8 Jul, 2013 03:31 pm
@revelette,
You mean they let something into the trial that doesn't show Martin to be the cute little angel the media has made him out to be.
JTT
 
  2  
Mon 8 Jul, 2013 04:08 pm
@DrewDad,
Quote:
Your reducto ad absurdums (reducti ad absurdum?)


Stick to your own language, DD. You [intuitively, not consciously] know those rules.
0 Replies
 
Thomas
 
  2  
Mon 8 Jul, 2013 05:07 pm
@parados,
parados wrote:
If Zimmerman created the circumstances through acts that weren't reasonable then his argument for self defense is weakened under the law.

There really is no reason for hand-waving arguments like this when the jury instructions are right there at your fingertips --- section 3.6(f) (RTF) in this case. Let's take a look:

In its standard jury instructions, the state of Florida wrote:
The use of deadly force is justifiable only if the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm to‭ [‬himself‭] [‬herself‭] ‬while resisting:
  1. ‎another’s attempt to murder‭ [‬him‭] [‬her‭]‬,‭ ‬or
  2. ‎any attempt to commit‭ (‬applicable felony‭) ‬upon‭ [‬him‭] [‬her‭]‬,‭ ‬or
  3. any attempt to commit‭ ‬(applicable felony‭)‬ upon or in any dwelling,‭ ‬residence,‭ ‬or vehicle occupied by‭ [‬him‭] [‬her‭]‬.

    Insert and define applicable felony that defendant alleges victim attempted to commit.

The defense claims that Zimmerman reasonably believed that his use of force was necessary to prevent great bodily harm to himself while resisting a beating from Trevon Martin. (So I guess the applicable felony would be assault.) Because self-defense is not an affirmative defense in Florida (look at the table of contents for "3.6: Defenses"), the prosecution has to prove beyond a reasonable doubt hat Zimmerman couldn't possibly have held such a belief reasonably.

On the other hand, Florida also wrote:
However,‭ ‬the use of deadly force is not justifiable if you find: [. . . ]

2.‭ (‬Defendant‭) ‬initially provoked the use of force against‭ [‬himself‭] [‬herself‭]‬

The prosecution seems to be claiming that Zimmerman provoked the use of force --- either by starting the physical fight in the first place, or by the way he talked to Zimmerman. Again, it's the prosecution that has prove is claim. The defense needn't refute it.

And I don't see how the prosecution can prove this beyond a reasonable doubt. Witness Jentel (sp?) heard Martin ask, "why are you following me?" She also heard Zimmerman ask, "what are you doing here?" Zimmerman's words, however officious and unwarranted, are hardly fighting words; they do not rise to the level of a provocation.

After that, Jentel heard the sound of bodies bumping into each other; then she heard the sound of bodies rolling around in the grass. But she had no way of hearing who attacked whom. So again, the prosecution hasn't proven that Martin didn't start the fight, or that Zimmerman provoked Martin into starting it.

And that's the best evidence that the state presented of what started the fight. It hardly eliminates a reasonable doubt of Zimmerman's guilt.
JTT
 
  1  
Mon 8 Jul, 2013 05:16 pm
@Thomas,
Quote:
But she had no way of hearing who attacked whom.


Or to put it another way,

But she had no way of knowing from hearing who refused to back down from whom.

Quote:
The prosecution seems to be claiming that Zimmerman provoked the use of force by either starting the physical fight in the first place or by the way he talked to [Zimmerman] Martin.


Obviously a typo/mental slip.
revelette
 
  1  
Mon 8 Jul, 2013 05:28 pm
@Baldimo,
Well, I just hope the prosecution is ready to cross examine whatever witness is put forward, and has an expert witness for rebuttal.

revelette
 
  1  
Mon 8 Jul, 2013 05:38 pm
Quote:
The prosecution has rested. What did you think of its case?

Here's what I think: A manslaughter conviction is on the table. Murder two? No way.

Let's start with murder two: There's just too much doubt about what actually happened to conclude beyond a reasonable doubt that when George Zimmerman killed Trayvon Martin, he did so with a depraved mind.

The prosecution is relying on Zimmerman muttering "f---ing punk" and "these a--holes always get away" to prove that he had a depraved mind when he followed Martin. Here's the problem: We still don't know beyond a reasonable doubt who confronted whom. Did the prosecution prove to you beyond a reasonable doubt that Zimmerman chased down Martin and shoved him (as Rachel Jeantel claims)? Or did you wonder if Martin might have jumped out of the bushes and sucker-punched Zimmerman, as Zimmerman says he did?

The prosecution was unable to prove "beyond a reasonable doubt" exactly what happened, what was said, and who did what to whom when Zimmerman and Martin confronted one another. Where there are two versions of the story and no one is proven a liar, there is doubt as to what happened.

Keep in mind, for murder two, the "depraved mind" aspect is a requirement. Zimmerman claims he was walking back to his car to meet the police, which refutes the depraved mind claim. Other witnesses (including the woman from the police department who trained Zimmerman as the neighborhood watch captain) called Zimmerman "meek," "concerned," a "good neighbor" and "professional" -- which is the opposite of a vigilante with a depraved mind and corroborates his story.

If a juror doesn't know what to believe about Zimmerman's state of mind, then there is doubt. And I guarantee you'll hear the defense say in its closing argument, “One thing we do know for sure is that when Zimmerman left his home to run to Target that night, he wasn't planning on killing Martin.” And, if you then add in the testimony of Jonathan Good -- who saw Martin on top of Zimmerman and Zimmerman crying for help -- as well as the fact that both investigators believed Zimmerman's self-defense claims and found no evidence to contradict it, it's just too murky to convict him of murder two.

Manslaughter, though, is a different ball game all together. To convict Zimmerman of manslaughter, the prosecution must prove beyond a reasonable doubt that Zimmerman acted with culpable negligence the night he shot Martin. Let's take Martin's actions out of the equation for a minute and consider just the decisions that Zimmerman made that night. Here's how the jury could reach that verdict by looking at the totality of Zimmerman's actions:

1.He made the decision to get out of the car with a gun, knowing police were on their way
2.He followed someone on a dark and rainy night
3.He muttered "f---ing punk" and "these a--holes always get away" while following Martin
4.He did not identify himself as the neighborhood watch captain when they confronted one another

None of these four facts is disputed. If the jurors add up all the decisions and actions that Zimmerman made that night, they could easily conclude that Zimmerman acted negligently that night and that, if it weren't for his negligence, Martin would still be alive.

If the jury goes down this path, they might not be as amenable to Zimmerman's self-defense claim, because they would have concluded that it was Zimmerman's actions that set the killing into motion; therefore, he should not be able to claim self-defense (that's not the law, but it could happen when the jurors get the case). If that's what the six women on the jury conclude, there will be a manslaughter conviction and Zimmerman will go to jail.

It's true, a trial isn't a football game. This is a tragedy in which everyone involved has already lost, particularly the Martin family. But the fact is that one side will win and one side will lose. The Martins will either see their son's killer go to jail, or Zimmerman will be acquitted by a jury of his peers.

No doubt you and I will have a reaction to either outcome, but the only people whose opinion matters are the six women on the jury. And as of this moment, they might just convict Zimmerman of manslaughter.


source

[Editor’s note: Mel Robbins is a criminal defense attorney and HLN legal contributor. She is an author, talk radio host and the editor-in-chief of Robbins Rundown. She is on Twitter.]
JTT
 
  1  
Mon 8 Jul, 2013 05:46 pm
@revelette,
It's tough in situations like this to be completely fair and above board, isn't it, Rev?

I've found the same in my interactions with a lot of A2Kers when it comes to, say,

who was most at fault, the people of Iraq or GWB for being fooled by the evidence?

who was most at fault, the people of Vietnam who actually considered the outlandish notion that they deserved to be free from foreign oppression, or the US presidents from Truman to Clinton who terrorized that nation for over 40 years?

It really is tough to balance these issues and come to a fair and just conclusion, isn't it?

0 Replies
 
cicerone imposter
 
  1  
Mon 8 Jul, 2013 05:51 pm
@revelette,
The problem with this analysis is that we don't know how the jury will view the same evidence as Mel Robbins. There are several "important" issues that can become the primary one that the jury decides on; we just don't know.

That's the reason the makeup of the jury is important in what they are able to bring into the mix that are important to them.

As seen in the discussion on this thread, people see different areas of import in how they see the evidence presented by the witnesses.

It's the same with the jury.
0 Replies
 
 

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