Skip to comments.George Zimmerman: Self-defense hearing could dismiss death charge
Posted on 04/12/2012 5:17:42 AM PDT by spacejunkie2001
George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.
Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.
The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.
The state's "stand your ground" law passed in 2005 says:
"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.
The most recent of these hearings in Orlando failed.
(Excerpt) Read more at articles.orlandosentinel.com ...
1) Determine if the law under which the defendant is charged is Constitutional. If not, vote acquittal.
2) Determine if the law is being applied to the defendant as intended by the legislature that created the law. If not, vote acquittal.
3) Determine if the law is being applied uniformly to everyone (equal Protection). If not, vote acquittal.
4) If the government has acted Constitutionally thus far, consider the truthfulness of the evidence and those that present it and vote your conscience.
To accomplish this it is necessary to be an informed Juror.
However, sometimes the government bows to the will of the mob.
Absolutely, and a lot more often than "sometimes", however when the government joins the mob, any jury's action is against government as I specified. The Jury nullifies government tyranny no matter what type of trickery is used to engineer the tyranny.
Zimmerman’s hearing live on Fox right now.
Unless the jury is part of the mob. The jury is, after all, drawn from the same pool as those who keep electing the officials you want them to discipline thru jury nullification.
It is well-known that juries skew towards the less intelligent and less educated. Juries are, after all, composed of those who aren’t smart or connected enough to get out of jury duty.
If the jury is part of the mob, and the government is part of the mob, then if the jury convicts (agreeing with the mob and government) it will NOT be nullification, it will be railroading or lynching.
He was taken to jail in handcuffs. I'd call that being arrested.
You are full of sh**. You call for waiting for the facts and then lie about one of the few facts that are known. Zimmerman did NOT instigate contact. TM did by following Z and attacking him. This is corroborated by witnesses. Save your trolling for DU please we don't need concern trolls on FR, nor do we tolerate them.
Ratman83, I agree that we do not know who instigated the violent confrontation...which is why the Atorney General should have arrested Zimmerman on the ight of the killing until it got sorted out. Still, it is very clear who instigated the initial contact...and that was Zimmerman. He was following Trayvon. Had he not done that, none of this would have happened.
Fair enough point. Still, Zimmerman got the ball rolling by following Trayvon. This is the contact that I am speaking of...and Zimmerman really should leave that sort of thing to police officers.
You are looney.
Zimmerman followed Trayvon. This is not in dispute. The 911 operator suggested he stop following Trayvon. It is unclear whether he took this advice. Still, as he sits in his jail cell, he must now realize why the operator told him not to follow. He got himself in over his head because he was an amateur.
That other stuff about ellipses and potentially being a serial killer.....what the hell is that all about? You must really feel your arguments are weak if you have to stoop to that stuff.
I don’t disagree. However, much depends on the distance he was following him at, etc.
Boy, I fired you up, didn’t I. You must have already made your mind up which makes you every bit as bad as Al Sharpton and the other race baters.
Look, I already said it is unclear who committed the illegal act that lead to the killing. Still, it is very clear that Zimmerman got the entire mess rolling by following Trayvon Martin...which was what innitiated the contact of these two strangers. This is not some huge controversial revelation, is it? Following people should be left to professional police officers....not some gung-ho Deputy Dog....so messes like this don’t occur.
Again, I agree we don’t know who was defending himself from whom at the the critical moment of the killing...Trayvon or Zimmerman. This will be worked out in a court of law.
Had he not done that, none of this would have happened. Well if Trayvon had not gone for a walk, if the police had immediately shown up, if if if. All BS.
Actually you said that Zimmerman “confronted” TM. This is untrue and, yes, I get fired up when someone repeats, or makes up, BS about something he knows nothing about. The fact is witnesses have confirmed that TM attacked Zimmerman and was actually the one who initiated contact. Case closed. Zimmerman is innocent by reason of self defense but I expect he will be convicted for the expediency of the Bozo administration.
Yea, i’m on vacation and had just got up. Just typed the wrong name... i guess you can’t make a mistake around yere anymore;)
Read that as well; and still hold that we are 'damned' if Repubs are not in charge. Which is to say. . .we may well be; but point of power; STILL, in the Present. . . (And just where is 'Opposition' per this vote-counting MO?) This MO - along with so many more, brought to us, by way of Obama,Inc. can only have one ask; again; 'who died' and made Obama, King? -
Look; we cannot give up hope; the point of power IS in the present; albeit that 'present' getting shorter. No Repub should imagine the luxury of a vanity vote per 2012 Election i.e. any vote that is not worth counting. NO Republican should have a hand on this frog being cooked. .
. No Repubs should fail this Election!