farglebargle
Posts: 10715
Joined: 6/15/2005 From: Albany, NY Status: offline
|
quote:
ORIGINAL: provfivetine I agree. All valid points for theoretical discussion, but irrelevant for practical purposes as it regards this case. I will try to sum up this case as best as possible while avoiding emotions. Zimmerman spots Martin. Zimmerman calls the police and informs the police that Martin was acting with suspicion. Zimmerman follows Martin. Police advise Zimmerman to stand down (a non-legally binding order; what you THINK he SHOULD have done at this point is irrelevant). Zimmerman follows Martin anyway. Zimmerman *claims* Martin confronted him. A struggle ensued. John the witness *claims* to have seen Martin on top of Zimmerman. John the witness *claims* to have heard a gunshot. Martin is dead. Zimmerman *claims* self-defense. Paramedics and Police arrive on the scene where empirical evidence and witness testimony confirm Zimmeran's claims. This is why Zimmerman wasn't arrested on the spot. All of what I said is FACT. "All of what I said is FACT." LET US EXAMINE THIS CLAIM! Zimmerman spots Martin. Ok, the 9-1-1 call confirms. Zimmerman calls the police Ok, the 9-1-1 call confirms. and informs the police that Martin was acting with suspicion. THIS IS NOT A FACT THIS IS YOUR OPINION! What Zimmerman SAID was: quote:
"This guy looks like he’s up to no good, or he’s on drugs or something. It’s raining and he’s just walking around, looking about," And while *your opinion* might be "that's acting with suspicion", I'd ask "What's suspicious about walking home from the candy store in the rain?" Zimmerman doesn't articulate any FACTS leading to probable cause that Martin committed any crime. Unless you agree with Zimmerman that being a black male is suspicion enough? But to continue... Zimmerman follows Martin. TRUE. We should note that this is not what a reasonable and prudent person would do in the same circumstances, however. AND We should note this violates EVERY RULE of a legitimate Neighborhood Watch, showing it to be a NEGLIGENT ACT. Police advise Zimmerman to stand down 9-1-1 operator, not a cop, but TRUE. We should note that disobeying this advice is not what a reasonable and prudent person would do in the same circumstances, however. AND We should note this violates EVERY RULE of a legitimate Neighborhood Watch, showing it to be a NEGLIGENT ACT. Zimmerman follows Martin anyway. TRUE. See above about negligence and violating N/W rules. A struggle ensued. -- Possibly. The questions remains, given that Martin was justifiably threatened by being followed by night by a total stranger without any lawful authority, if Martin *initiated it* he would have a self-defense claim under 776.013(3), given he was the one being followed by an armed person, without any legal authority, WHILE Martin had EVERY LEGAL RIGHT to be where he way. But let's continue. Martin is dead. (THIS IS THE FIRST REQUIREMENT FOR A MANSLAUGHTER CHARGE) Zimmerman ADMITS killing Trayvon Martin. (THIS IS THE SECOND AND ONLY OTHER REQUIREMENT FOR A MANSLAUGHTER CHARGE) At this point, STANDARD POLICE PROCEDURE is to arrest the admitted killer, and hold for arraignment where pretrial motions can b made. JUST LIKE ON TV. Zimmerman *claims* self-defense. This is IRRELEVANT, as the place to make a motion to dismiss for self-defense is during the arraignment for Manslaughter. Paramedics and Police arrive on the scene where empirical evidence and witness testimony confirm Zimmeran's claims. THAT'S YOUR OPINION. I'd say the empirical evidence that the paramedics collected show there's no way Zimmerman was ever at risk of Great Bodily Harm ( in the context of the Law -- It's something left to the JURORS to decide ) so that his self-defense claim is invalid on it's face. But let's just disregard that. Because if -- it's proper as you're saying for the ESTABLISHED MANSLAUGHTER CHARGE to not be filed, then you can SHOW EVERYONE THE FLORIDA CRIMINAL PROCEDURE LAW ESTABLISHING THE PROCEDURE.
< Message edited by farglebargle -- 3/25/2012 8:17:25 AM >
_____________________________
It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show. ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים
|