Skip to comments.Why Trayvon Martin's Case May Not Go To A Jury
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 ...
Those scenarios are possible. It is also possible Zimmerman physically attacked Martin, perhaps with a drawn gun and Martin was physically defending himself as best he could.
My point is that all any of us have at this point are various stories as reported by the press. Sort of the ultimate in hearsay as relayed by a biased person.
None of this, AFAIK, is sworn testimony and none has been subjected to cross-examination.So it is more than a little premature to go around saying WHAT HAPPENED. For anybody.
How the case ends up up being adjudicated is a whole different matter, and I'll venture to guess that it would be years before all of the motions and appeals work their way through the system. It's also unlikely that any civil trial would proceed (or even a lawsuit filed in the first place) until the criminal proceedings are done.
Hopefully, Florida's middle-class is well enough armed that most of the dying will be the rioters.
Never in a million years would I take that chance.
You would trust ONE man/woman to judge your fate with the kind of pressures they would be under?
At least the jury can remain anonymous.....IF, you could get a fair one.
This guy is on LSD if he thinks there is a judge anywhere with the balls to be "convinced".
Not happening. This case is toxic; it's a hot potato that is going to be handed off to somebody else whenever possible.
condo communities carry liability insurance. There is your deep pocket.
Yep, this is the ultimate perversion of a free Country.
This case under "free press" has been so polluted that the truth, no matter what it is, will never prevail.
Freedom's just another word for nothing left to lose...
I wish Jorge the best
Let them take to the streets. Maybe some of them will get some travyon-justice too.
If not if Florida, it will go to trial. In steps Holder, and Sharpton.
Which is what I understand from yet another article, that that was why Treyvon’s mom wanted an arrest. She didn’t want a conviction, she wanted an arrest so she could bring a civil law suit (big $). I also understand that she’s already filed for the trademark on the name Treyvon Martin so the proceeds from sales of merchandise bearing his name will go to her.
People make their choices as to whether they should burn cars, riot, kill people. Each person is responsible for the decisions (s)he makes. I choose to follow the law of our land and not burn cars or kill people.
If he is released based on the SYGL, then the press will just launch a simple-minded attack on those laws.
At the hearing the prosecution will have to show way more than they have up till now and the local cops will probably be called in as witnesses (at least deposed) for the defense.
The prosecution would insist on a jury because they know that they will have blacks on the jury no matter what and so their worst case scenario is a hung jury. Whereas with a judge, they risk an acquittal.
sometimes, you have to make a stand. Too many people in the Country are intimidated by just an unruly mob.
What concerns me the most is how much Zimmerman has been talking to the authorities with no attorney present. Any inconsistency, misstatement or exaggeration will be used to call his version of events in to question.
He could be totally forthright and cooperative, and still say something that puts him in serious legal jeopardy.
“At least the jury can remain anonymous.....IF, you could get a fair one.”
My question is, in light of Florida’s “Sunshine law”, which means the trial will be televised, how can the jury remain anonymous? Do the cameras not show the jury?
“What concerns me the most is how much Zimmerman has been talking to the authorities with no attorney present”
It was not smart to give a statement the night of the incident with out attorney present. I have not been able to verify whether he had a legal advisor with him the next day when he reenacted what happened at the scene.