Posted on 04/15/2012 1:01:36 PM PDT by ironman
Now that prosecutors have brought charges against George Zimmerman, you probably think that a jury is going to hear the facts and decide the case. Think again. Under Florida's "Stand Your Ground" law, if George Zimmerman can convince a judge that he acted justifiably, he is entitled to immunity from prosecution. That means no jury; no conviction; no jail. Think of it as a big "Get Out of Jail Free" card. It is worth repeating: Florida's "Stand Your Ground" law does not just provide an affirmative defense; it provides immunity. The distinction is extremely significant...
Thus, when looking at the elements that Zimmerman must establish to prove he acted justifiably, it seems reasonably certain that Zimmerman can prove by a preponderance of the evidence that: 1) he was not otherwise engaged in unlawful activity; 2) he was at a place where he had a right to be; 3) he was attacked; and 4) he reasonably feared he would lose his life or suffer great bodily injury. The State has never alleged--nor could they--that Zimmerman's following of Trayvon Martin was an unlawful activity; or that it placed Zimmerman at a location where Zimmerman had no right to be. Similarly, as already stated, the State does not seem to have an eye-witness to the initial physical confrontation between Zimmerman and Martin. Therefore, it will be extremely difficult for the State to contradict Zimmerman's claim that Martin attacked him and bashed his head into the concrete, creating for Zimmerman a well-founded fear of great bodily injury.....
Make no mistake: George Zimmerman has a real chance of avoiding a jury. All he has to do is convince a judge, by a preponderance of the evidence, that he acted in justifiable self-defense.
(Excerpt) Read more at southfloridacriminallawyersblog.com ...
There is purportedly such a witness. However, this story is for the last seconds of the fight, not its start. We do not KNOW Martin wasn't doing what he did in self-defense.
After all, if it's legal to shoot someone is self-defense, it is surely legal to pound his head on the concrete, something which while damaging is a whole lot less likely to be lethal.
All because the way the media reported it. Even here the BBC showed Martin as a 12yo kid, not the way he looked today. Any death or destruction must be laid at the door of the media.
In most states, the Prosecution has a right to request a jury, same as a defendant. They would have to agree to a bench trial. Not sure about Florida, but likely the same there.
If the parents sue him, can he counter-sue and end up owning the rights to Trayvon Martin’s name since his mom has that trademark as an asset?
That's true; however, as I understand it, he only needs to establish it by a preponderance of the evidence before a judge in a pretrial hearing. No jury involved in that hearing.
The US insurance companies will inform the Sec of Treasury that if rioting happens they will not have the money to pay out the ensuing property damages and go under because the current assets are being used to cover bad derivative bets, and at the same time Wall Street banks have deals with these large insurance companies and will implode with the insurance companies. The Fed Reserve cannot print and the US Treasury has no money. Answer to problem is simple, the powerful bankers and Sec of Treasury/Fed Reserve will call in the Gov of FL and his key guys and establish the need to avoid rioting at all costs. The Gov and his key guys will read the riot act to the judge in charge of the case, convict Zimmerman to avoid economic implosion. Don’t think this is possible. Read the judicial shenanigans that happen when several black kids were tried for near death beating of white truck driver shortly after the Rodney King riots in Los Angeles. Black community basically told LA if these kids are convicted of murder, more riots and more expensive property will go up in flames. Insurance companies in CA were hurting from the losses in the first riots were behind the scenes pressuring LA city gov to go easy. Today the pressure will be greater because it will involve US and international financial order.
I wasn’t aware of that. I’m not sure why the prosecution would insist on a jury trial in any case. In NYC a while back a group of police officers who were charged with murder after shooting an unarmed civilian opted for a bench trial and were acquitted of all charges. Why wouldn’t the prosecution have insisted on a jury trial in a case like that?
Nope. SYG and Castle Doctrine both protect you from civil litigation.
The counter-suit would have to include a claim for damages that can be supported and documented. And then they’d have to figure out how much that trademark is worth. I suspect it’s probably not very much.
They'll sue the condo community?? There's really no one to sue.
There you go...my expectation is Zimmerman will pay the price of a show trial to appease the demand for retribution, then sit in jail til an appeal restores justice.
By extension, the Homeowner's Association arguably stands in Zimmerman's shoes in that if his actions were legal then they're equally immune from liability. ;-)
According to Zimmerman's account, the confrontation began when Martin came up to him. If it was lawful for Martin to bash Zimmerman's head against the concrete sidewalk, it was either because he was offended by seeing Zimmerman watching him (several minutes earlier) or he was offended by something Zimmerman said in their conversation.
If the confrontation began the way Zimmerman says it did, it is hard to see how Martin's actions constitute self-defense. Maybe it was self-defense in a wider sense of defending young black men from being "profiled"?
The prosecutor is relying heavily on the testimony from the girlfriend who was talking to Martin on the phone. Maybe the judge can instruct the jury to treat that testimony as reliable and treat the testimony from Zimmerman as unreliable.
Well it is because of the FL “stand your ground law”.
Holder probably has plans to arrest Zimmerman at the courthouse if the charges are dismissed.
Any judge who has the temerity to dismiss this case would undoubtedly have a bounty placed on his head by the NBPP and he knows it.
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