Skip to comments.Law gives Zimmerman extra chances in legal fight (Must read!)
Posted on 04/14/2012 3:32:45 PM PDT by 2ndDivisionVet
George Zimmerman persuaded the police not to charge him for killing unarmed teenager Trayvon Martin, but the prosecutor has accused him of murder. Soon, armed with unparalleled legal advantages, Zimmerman will get to ask a judge to find the killing was justified, and if that doesn't work, he'll get to make the same case to a jury.
But in another aspect peculiar to Florida, if the appeals court sides with Zimmerman, not only will he be forever immune from facing criminal charges for shooting the 17-year-old Martin - even if new evidence or witnesses surface - he could not even be sued for civil damages by Martin's family for wrongfully causing his death....
(Excerpt) Read more at thenewstribune.com ...
If he is acquitted, Zimmerman is the one who is in a position to sue.
There were reports on local TV stations referring to him as the “vigilante” shooter.
Not the “alleged” vigilante shooter, not “police have characterized him as a” vigilante shooter, but straight up calling him a vigilante.
On its face, if Zimmerman is exonerated, he has good cases against some news outlets for defamation.
You’re talking about rules. Why do you think rules matter to these people?
If he only successfully sued one out of ten of the people that defamed him, he’d be set for life.
I would still like to know under what jurisdiction the DOJ has the authority to step in on a State matter?
They have not stepped in on other capitol crimes...
“Civil rights” violations, naturally. Kind of funny, since Mr. Zimmerman is both a minority (registered as Hispanic for the Census) and a Democrat.
The facts of the matter are now irrelevant. The police and
the local DA did not arrest and charge because the facts upheld a claim of self defense. The “special prosecutor”
became involved because this is a showcase racism issue that
people in power want to use for their benefit. That is why
the grand jury was not used and why this prosecutor filed
Murder2 charges, not manslaughter.
Zimmerman is a sacrificial lamb who’s fate is already sealed. No judge isgoing to dismiss these charges, it would be political suicide for a number of reasons, the foremost being that whethe free shit army riots at Zimmerman being freed the judgewho made the decision will be viewed as the person responsible for the rioting.....not the animals who riot.
If Zimmerman is lucky...he might have one or two people on
his jury that will look at the facts and not the emotions and cause a hung jury. If that happens Zimmerman will
be tried again....and again and again, till either the
sought verdict of guilty is obtained or he is acquitted.
If he is acquitted he will still likely face federal charges
of some variety.....Holder isn’t about to let a Brown and White Cracker get away with killing one of “his people”.
Good post 2DV!
It simply amazes me the amount of people who don’t believe citizens have the right to protect themselves in the face of a physical assault.
That big blobby, nebulous domain known as "civil rights" generally lets them do whatever they wish, whereever they wish to whomever they wish.
Kind of like that big blobby, nebulous domain known as "interstate commerce" and others like it that allows them to completely ignore clear constitutional restraints.
What about the loathsome Frederica Wilson? Is she immune from lawsuits?
I do not understand the big deal .This is the first time I have ever heard of a white Hispanic offing a black Black.
The Black Panthers will twitter the location of the residences of all the jurors and thus insure a guilty verdict.
It will never happen...the lynch mob is running this else he would never been charged....the time is past for fair...the mob wants it pound of flesh...else there will be war and blood...you can thank obama and holder for this
You're right. The problem is DOJ needs to have a legal hook to go after Zimmerman under federal law, which would be either Zimmerman acting under color of law or interfering with Trayvon's civil rights (which would include, for example, using a federal food stamp card to buy skittles but would not include just walking down the street).
So their only angle is that Zimmerman was somehow a state actor acting under color of law.
Some of the Demonrats have been pushing a federal bill to regulate neighborhood watchmen.
Obviously they can't do this under the current view of the Commerce Clause, but they could do this as a civil rights law if they can show a pattern of local neighborhood watchmen violating the civil rights of people.
I wish Zimmerman safety and justice in his legal proceedings.
I'm sure Obama wishes this was closer to election...but I think it will be dead in the water in a couple of months. I think Zimmerman has a really, really good attorney.....a slender Perry mason.
Where did this author learn his critical thinking skills? Imagine that. You make something legal and suddenly you discover that the acts that were made legal are now legal.
I hope he gets off and rams a law suit up the butt of NBC for their tape doctoring.
Holder won't likely get a crack at Zimmerman until after the election.
Let's get Obama un-elected, then Holder will be gone too.
Many people are forgetting that there will be a massive use of perjured evidence. Evidence will be created, as necessary, to counter each move by the defense. I can forsee a witness testifying that Zimmerman was chewing on "The Trayvon's" face just before the shooting.(Sarcasm)
Remember how they called Bernard Goetz the subway vigilante? Goetz should have sued. These media wordsmiths know what they are saying is wrong but they do it to keep the black population in a lather in order to benefit their blessed Democrat party.
Doesn't matter if they know it or not.
The current corrupt Justice Department can manufacture charges out of thin air indefinitely.
If George Z. is found "not guilty," of the murder charge that is, I see a certain new federal charge immediately appearing : "deprivation of civil rights," or some such similar all purpose charge with attached jail time.
The right to challenge probable cause, trial by jury, to a public trial, right to confront accusers and the bar against double jeopardy are as old as the Bill of Rights. It’s the next constitutional “outrage” that will have our Dear Leader doing a tap dance on the U.S. Constitution. Is there any traditional American institution he hasn’t already shown his public contempt for?
I wonder how many blacks live in the complex? And don’t forget, watch out for the girlfriend who was on the phone with him just before he died.
Others are concerned that the laws foster a vigilante, even trigger-happy mentality that might cause too many unnecessary deaths.
An Associated Press review of federal homicide data doesn't seem to bear that out. Nationwide, the total number of justified homicides by citizens rose from 176 in 2000 to 325 in 2010. Totals for all homicides also rose slightly over the same period, but when adjusted for population growth, the rates actually dipped.
So much for that concern then.
This is a piece of leftist trash from the first sentence. Then it begins to repeat the Marxist/Anarchist template. Zimmerman did not persuade the police not to charge him. It was the District Attorney who refused to charge for lack of evidence. The charges only occurred after the "Poverty Pimps" and The full force of the Marxist/Anarchists with 0bama leading the charge
I don't know all the facts in this case, but I do know
that this author is repeating or creating lies to prejudice the jury pool.
The lead police investigator wanted to charge Manslaughter.
the Black KKK started inciting riots and race-based murders.
to create a election wedge issue for black voters.
This is a piece of leftist trash from the first sentence.
Then it begins to repeat the Marxist/Anarchist template.
Zimmerman did not persuade the police not to charge him.
It was the District Attorney who refused to charge for lack of evidence.
The charges only occurred after the "Poverty Pimps" and
The full force of the Marxist/Anarchists with 0bama leading the charge
“he could not even be sued for civil damages by Martin’s family for wrongfully causing his death....”
Yeah, well I doubt they are thinking about that.
As an aside, though, if he’s convicted, then they won’t have much difficulty suing him. But if he’s got no money, then like OJ, he’ll never have to pay a dime.
The Commerce Clause grants Congress the power to regulate local business activity if any part of it affects interstate commerce, if the aggregate of activity of that industry has a substantial effect on interstate commerce.
Congress acted within its power to protect interstate commerce in extending coverage of Title II of the Civil Rights Act to restaurants serving food moving in interstate commerce. Congress had had ample basis to conclude that discrimination based on race by such restaurants burdens interstate trade.
In Heart of Atlanta Motel v. United States, the Supreme Court found that the Act was a valid exercise of Congresss power to regulate interstate commerce in prohibiting hotels from discriminating against customer based on race.
Under current Supreme Court thinking they will not be able to use the Commerce Clause to regulate neighborhood watch groups.
I think the only theory they can pursue would be the neighborhood watch group as some sort of de facto state actor because they in fact work so closely with de jure law enforcement.
Under the latter theory, Congress could regulate directly under the Fourteenth Amendment as authority.
I don’t agree that is legally proper, but I could see lawless liberal judges relying on that.
I should add that I am assuming the court will strike down the individual mandate in Obamacare.
If they uphold that, then the federal government as a practical matter can regulate whatever it pleases.
They have a lot of state by state statistics showing an increase in “justifiable homicides” after SYG laws are passed. That makes perfect sense to me — if only a few percent of homeowners being robbed fight back because they now feel that they are in a better legal position, you’re gonna have a few more dead criminals.
They don’t need no stinking “acting under color of law”. “Civil rights violations” will suffice for any purpose or person.
I’ll quibble: he makes no judgement or offers any opinion, he just presents the numbers.
They could have charged Z with manslaughter and either Z pleads it down and actually does time, or more likely now, Z walks on murder 2. So the poverty pimps get nothing but a race war.
Which is probably their desired outcome no matter what. Al Sharpton's plane doesn't fuel itself you know. Gotta keep the cash flowin'.
I really want the race baiters to riot. It will show their true colors, and may help sink Obama and pull our country back from the precipice of civil war.
A riot is a terrible thing. It's about time we had one. For the good of the Republic.
From the Article: New York Mayor Michael Bloomberg, along with several civil rights organizations, is leading an effort to repeal or reform laws similar to Florida's [Stand Your Ground Statute], though it's too soon to say if that movement will gain traction.
DOJ gets involved in whatever it wants to and finds cause later, or simply makes it up. SOP with the feds.
This site has demographic data for each state as well as cities and counties in the US:
Goetz would have had a very difficult case if he filed a lawsuit against any media outlet under those circumstances. For one thing, he’d have to contend with the possibility that a jury might find that the media statements were true (which means no legal action for slander or libel can be taken). Secondly, he’d have a very hard time documenting any kind of financial loss or other harm from the media’s actions. If anything, he enjoyed a tremendous degree of popularity and public acclaim that he never would have had otherwise.
The first riot happened in Watts, Los Angeles back in 1965, which was not so coincidentally only a year after the civil rights act was passed. This was followed closely by many riots throughout American cities. The craven politicians gave blacks everything they wanted hoping to keep them quiet. They have been blackmailing us ever since—remember “No justice, no peace!”. Just what exactly does that mean anyway?
There was a long uneasy quiet which was interrupted by the LA riots of 1992 which followed the beating of Rodney King and the acquittal of the officers who beat him. There have been no riots since then, so I think that any riot at this time would be a real surprise. I think there is a weariness in the white community about being constantly blamed for everything that goes wrong in the black community. If there is another riot, this time it will not be followed by giving in to the demands of the black community. This time people will simply want to wash their hands of them. No more handouts, no more tolerating blame for all that is wrong with black society.
I hope in God that you are right, but I fear there are far too many guilt-ridden libtards who will side with the criminal element among blacks.