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The State of Florida vs George Zimmerman: The Trial

 
 
DrewDad
 
  1  
Tue 16 Jul, 2013 01:30 pm
@Brandon9000,
Despite your flawed understanding of the law, federal prosecutors may have the ability to bring additional charges.

http://en.wikipedia.org/wiki/Double_jeopardy
Quote:
Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

...

The "dual sovereignty" doctrine allows a federal prosecution of an offense to proceed regardless of a previous state prosecution for that same offense[59] and vice versa[60] because "an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each."[61] The doctrine is solidly entrenched in the law, but there has been a traditional reluctance in the federal executive branch to gratuitously wield the power it grants.[62]
revelette
 
  3  
Tue 16 Jul, 2013 01:35 pm
The other Florida case everyone's talking about

Quote:
Right on the heels of the George Zimmerman trial, another controversial and tragic self-defense case is making its way to court. This time the scene is Jacksonville, Florida, and the story involves Jordan Davis, an unarmed black teen the same age as Trayvon Martin. Davis, 17, was shot to death by Michael Dunn.

Dunn told police that he asked Davis and three other teens, who were parked next to him at a gas station, to turn down their music. Dunn claims he heard threats from the teens and saw a gun in their car. He says he feared for his own safety, and that's why he grabbed his gun and fired into the vehicle.

Police say they found no guns inside the teens' vehicle and that Dunn fired his gun eight or nine times.

Dunn has been charged with first-degree murder in Davis' death and also faces three counts of attempted first-degree murder for shooting at the three passengers in the vehicle who survived.

Dunn's attorney, Robin Lemonidis, has told CNN that her client was reacting to what he claims was a gun being drawn. "When all the evidence has been flushed out, I believe that it will be extremely clear that Mr. Dunn acted as any responsible firearm owner would have under the same circumstances," Lemonidis said.

While it's unknown if Dunn will claim a "Stand Your Ground" defense during his trial, he is claiming that he shot at the teens in self-defense. Zimmerman also said he acted in self-defense when he shot Trayvon Martin. A former neighborhood watch volunteer, Zimmerman had called police on Feb. 26, 2012 and reported Martin as looking "suspicious." The two got into an altercation, and Zimmerman said he was forced to draw his gun and shoot Martin in self-defense. A jury of six women found Zimmerman not guilty Saturday after about 16 hours of deliberations.

Many who followed the Zimmerman case considered races to be one the key issues at play. Critics accused Zimmerman of racially profiling Martin and protests were held around the country when it appeared that Zimmerman wasn’t going to be arrested in Martin’s death. Zimmerman was eventually charged with second-degree murder in April 2012. The case reinvigorated national conversations about race, racial profiling and self-defense laws -- and even after the verdict, those discussions continue.

However, while there are undeniable similarities between the cases of Dunn and Zimmerman -- including that both incidents happened in Florida -- the people involved in the case are doing what they can to underscore some key differences.

For example, Lemonidis denies any connection between the Dunn case and Zimmerman's case and says her client isn't a "vigilante."

Davis' mom says she doesn't want race to be the focus of her son's case.

"It’s apparent that Michael Dunn is white, it’s apparent that Jordan is black," Lucia McBath Davis told HLN's Raising America. "But the issue is the ‘Stand Your Ground’ laws. The issue is not the racial part of it. We’re not going to center and focus on that because that doesn’t do any good for the country. We’re not going to incite racism in this country. The bigger picture is making a change in the laws so that … this doesn’t continue to happen."

With Zimmerman having been acquitted after a successful self-defense claim, could Dunn's case be headed in the same direction? Lucia Davis has expressed concerns about the Zimmerman verdict to the Davis family attorney, John Phillips.

“It’s been the toughest," Phillips told HLN's Raising America. "Imagine having clients, for any attorney out there, that make you get goosebumps and cry. And then, to have 10 minutes after this verdict to be sitting in Sanford to get the text message ‘freaking out about justice and not knowing where to go next’ was just as painful as I’ve ever had.”

Dunn has pleaded not guilty and is being held without bail in a Duval County, Florida, jail. His trial is scheduled to begin Sept. 23, 2013.
cicerone imposter
 
  0  
Tue 16 Jul, 2013 01:37 pm
@revelette,
With Florida laws in favor of the killer, I wouldn't be surprised if he goes scott free like Zimmerman. Civil rights for blacks still don't exist in this country.

Here's his defense, and it's gonna work - in Florida.
Quote:
He says he feared for his own safety, and that's why he grabbed his gun and fired into the vehicle.
Frank Apisa
 
  2  
Tue 16 Jul, 2013 01:46 pm
@cicerone imposter,
cicerone imposter wrote:

With Florida laws in favor of the killer, I wouldn't be surprised if he goes scott free like Zimmerman. Civil rights for blacks still don't exist in this country.

Here's his defense, and it's gonna work - in Florida.
Quote:
He says he feared for his own safety, and that's why he grabbed his gun and fired into the vehicle.



Any young, black male in Florida ought to be fearful for his life the moment a white person looks at him suspiciously.

It looks as though the legislators of Florida want things that way; have passed laws to head things in that direction; and have succeeded!

What is going on here...should disgust anyone with any sense of decency.
BillW
 
  2  
Tue 16 Jul, 2013 01:49 pm
@Brandon9000,
Quote:
If the federal government charges Zimmerman with violating Martin's civil rights, it's another criminal case.


And, a different crime.......... A defendant can not be tried twice for the same crime.
gungasnake
 
  3  
Tue 16 Jul, 2013 01:49 pm
@BillW,
Quote:
I feel sorry for the Jury ...


Feel sorry for yourself; you're much more in need of pity than any of the people on that jury are.
0 Replies
 
cicerone imposter
 
  0  
Tue 16 Jul, 2013 01:51 pm
@BillW,
Brandon is an ignorant whitey who doesn't know much about double jeopardy, civil and criminal law suits. All he can talk about is my language; I grew up and became an 'adult' in my early twenties (while in the USAF).
0 Replies
 
BillW
 
  0  
Tue 16 Jul, 2013 01:51 pm
@Brandon9000,
Brandon9000 wrote:

Lustig Andrei wrote:

...I somehow suspect that you know and understand all this, Brandon, and are just playing dumb. It doesn't become you; you're not dumb.

You liberals just can't resist making every debate about the poster can you?


Oh, so you are saying you are dumb - don't be so hard on yourself, idiot-ok, dumb-well just a little anyways!
0 Replies
 
BillW
 
  4  
Tue 16 Jul, 2013 01:54 pm
@cicerone imposter,
cicerone imposter wrote:

With Florida laws in favor of the killer, I wouldn't be surprised if he goes scott free like Zimmerman. Civil rights for blacks still don't exist in this country.

Here's his defense, and it's gonna work - in Florida.
Quote:
He says he feared for his own safety, and that's why he grabbed his gun and fired into the vehicle.



It has come down to the fact that the shooter should kill the person so there is no one to disagree with the shooters story.
0 Replies
 
Brandon9000
 
  2  
Tue 16 Jul, 2013 02:00 pm
@DrewDad,
DrewDad wrote:

Despite your flawed understanding of the law, federal prosecutors may have the ability to bring additional charges.

http://en.wikipedia.org/wiki/Double_jeopardy
Quote:
Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

...

The "dual sovereignty" doctrine allows a federal prosecution of an offense to proceed regardless of a previous state prosecution for that same offense[59] and vice versa[60] because "an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each."[61] The doctrine is solidly entrenched in the law, but there has been a traditional reluctance in the federal executive branch to gratuitously wield the power it grants.[62]


I wasn't discussing the law. I was discussing the probable intent of the people who wrote the law.
0 Replies
 
Brandon9000
 
  3  
Tue 16 Jul, 2013 02:01 pm
@BillW,
BillW wrote:

Quote:
If the federal government charges Zimmerman with violating Martin's civil rights, it's another criminal case.


And, a different crime.......... A defendant can not be tried twice for the same crime.

Is it not the incident in which Zimmerman killed Martin? Calling it a different crime doesn't make it a different crime.
Lustig Andrei
 
  0  
Tue 16 Jul, 2013 02:09 pm
@Brandon9000,
Again, Bradon, you are not dumb. Stop acting that way. The incident is the same. The charge would be different. The Feds wouldn't charge Zimmerman with second degree murder again. If I park in a particularly inappropriate spot, I might get (1) a parking ticket from a meter maid; then (2) get pulled into court on an obstructing emergency vehicle traffic charge. Same incident; two different charges entirely.
cicerone imposter
 
  0  
Tue 16 Jul, 2013 02:10 pm
@Brandon9000,
What you seem to ignore is that a criminal case and a civil case are not the same.
revelette
 
  2  
Tue 16 Jul, 2013 02:26 pm
@Brandon9000,
Apparently it is filed under a hate crime. However, it is not really looking like they are going to charge him.

Quote:
In the emotional aftermath of the Trayvon Martin killing last year, Attorney General Eric Holder signaled the unlikelihood of filing federal hate crimes charges against admitted shooter George Zimmerman.

"For a federal hate crime, we have to prove the highest standard in the law," Holder said in April 2012, 45 days after Zimmerman shot the African American teenager in what was depicted by civil rights groups as a racially motivated killing.

In words that now sound prescient, Holder described to reporters that day how "something that was reckless, that was negligent does not meet that standard."

"We have to show that there was specific intent to do the crime with requisite state of mind," he said.


source
0 Replies
 
Brandon9000
 
  3  
Tue 16 Jul, 2013 02:34 pm
@Lustig Andrei,
Lustig Andrei wrote:

Again, Bradon, you are not dumb. Stop acting that way. The incident is the same. The charge would be different. The Feds wouldn't charge Zimmerman with second degree murder again. If I park in a particularly inappropriate spot, I might get (1) a parking ticket from a meter maid; then (2) get pulled into court on an obstructing emergency vehicle traffic charge. Same incident; two different charges entirely.

The intent of the double jeopardy provision was to prevent over zealous prosecutors from charging someone again and again after the person had been found innocent in court. That is exactly what this is. Zimmerman has been found innocent. If another charge is brought, it would also refer to the incident in which Zimmerman killed Martin. A person should not have to prove himself innocent in court regarding a single event over and over. It's fundamentally unfair, and the government should have to leave him alone now unless they can find an actual separate event, and not just a separate thought about the same event.
0 Replies
 
Brandon9000
 
  2  
Tue 16 Jul, 2013 02:35 pm
@cicerone imposter,
cicerone imposter wrote:

What you seem to ignore is that a criminal case and a civil case are not the same.

I am not referring to any possible civil case filed by Martin's family. I am referring to a new criminal charge in Martin's killing which might be brought by the federal government.
revelette
 
  2  
Tue 16 Jul, 2013 02:42 pm
@Brandon9000,
Actually the federal charge is not new charge, it was set aside after the state filed their charges of murder, but the case has been ongoing.
0 Replies
 
OmSigDAVID
 
  1  
Tue 16 Jul, 2013 02:44 pm
@BillRM,
Quote:
Who do you think he meant by "assholes?" A white boy or a Hispanic?
BillRM wrote:
Anyone of any color who he was under the impression that was looking to ripped off his neighbors
would be my guess but of course that does not fit into your world view of him being a racist.
OBVIOUSLY, u r right, Bill.

We wanna KEEP our stuff,
not have it ripped off by white or Chinese burglars.





David
0 Replies
 
mysteryman
 
  2  
Tue 16 Jul, 2013 02:47 pm
I have a question.

How come its always whites that are charged with violating a black person civil rights when they kill them?
I have never heard of a black person facing a federal civil rights charge when they kill a white person.

This is not intended to be racist at all, just on observation.
If I am wrong, please correct me.
OmSigDAVID
 
  1  
Tue 16 Jul, 2013 02:49 pm
@mysteryman,
mysteryman wrote:
I have a question.

How come its always whites that are charged with violating a black person civil rights when they kill them?
I have never heard of a black person facing a federal civil rights charge when they kill a white person.

This is not intended to be racist at all, just on observation.
If I am wrong, please correct me.
The blacks scream
and threaten riots.
 

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